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| For other Amendment(s) see the following page(s):
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| Care Bill [Lords] Committee 119-141 |
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| Clause 56, page 49, line 4, at end insert— |
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| | ‘(8) | Where this section applies to a registered care provider, the provider must |
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| | disclose in full any relevant information that the Care Quality Commission |
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| | considers it necessary to have in order to make an assessment under subsection |
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| | (1), including information relating to any holding companies or other associated |
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| Clause 56, page 48, line 39, leave out ‘may’ and insert ‘must’. |
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| Clause 74, page 65, leave out lines 35 and 36. |
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| Clause 56, page 48, line 44, at end add ‘including the charges levied on the |
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| provider by other services regulated by the Commission and their impact on the financial |
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| sustainability of the provider’s business.’. |
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| | Offence of corporate neglect |
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| To move the following Clause:— |
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| | ‘In section 1 of the Corporate Manslaughter and Corporate Homicide Act 2007, |
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| | (1) | An organisation to which this section applies is guilty of an offence if the |
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| | way in which its activities are managed or organised— |
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| | (a) | cause a person to suffer abuse or neglect; |
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| | (b) | amounts to a gross breach of a relevant duty of care owed by the |
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| | organisation to the person who suffers abuse or neglect; and |
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| | (c) | the offence under this subsection is called corporate neglect.’. |
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| | Adult safeguarding access order |
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| To move the following Clause:— |
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| | ‘(1) | An authorised officer may apply to a justice of the peace for an order (an adult |
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| | safeguarding access order) in relation to a person living in any premises within a |
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| | (2) | The purposes of an adult safeguarding access order are— |
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5 | | (a) | to enable the authorised officer and any other person accompanying the |
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| | officer to speak in private with a person suspected of being an adult at risk |
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| | (b) | to enable the authorised officer to assess the mental capacity of a person |
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| | suspected of being an adult at risk of abuse; |
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10 | | (c) | to enable the authorised officer to ascertain whether that person is making |
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| | (d) | to enable the authorised officer properly to assess whether the person is |
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| | an adult at risk of abuse or neglect and to make a decision as required by |
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| | section 41(2) on what, if any, action should be taken. |
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15 | | (3) | While an adult safeguarding access order is in force, the authorised officer, a |
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| | constable and any other specified person accompanying the officer in accordance |
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| | with the order, may enter the premises specified in the order for the purposes set |
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| | (4) | The justice of the peace may make an adult safeguarding access order if satisfied |
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20 | | |
| | (a) | the authorised officer has reasonable cause to suspect that a person is an |
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| | adult who is experiencing or at risk of abuse or neglect; |
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| | (b) | it is necessary for the authorised officer to gain access to the person in |
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| | order to make the enquiries needed to inform the decision required by |
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25 | | section 41(2) on what, if any, action should be taken; |
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| | (c) | making an order is necessary in order to fulfil the purposes set out in |
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| | (d) | exercising the power of access conferred by the order will not result in |
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| | the person being at greater risk of abuse or neglect. |
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30 | | (5) | An adult safeguarding access order must— |
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| | (a) | specify the premises to which it relates; |
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| | (b) | provide that the authorised officer may be accompanied by a constable; |
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| | (c) | specify the period for which the order is to be in force. |
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35 | | (6) | Other conditions may be attached to an adult safeguarding access order, for |
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| | (a) | specifying restrictions on the time that the power of access conferred by |
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| | the order may be exercised; |
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| | (b) | providing for the authorised officer to be accompanied by another |
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40 | | |
| | (c) | requiring notice of the order to be given to the occupier of the premises |
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| | and to the person suspected of being an adult at risk of abuse. |
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| | (7) | A constable accompanying the authorised officer may use reasonable force if |
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| | necessary in order to fulfil the purposes of an adult safeguarding access order set |
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45 | | |
| | (8) | On entering the premises in accordance with an adult safeguarding access order |
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| | the authorised officer must— |
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| | (a) | state the object of the visit; |
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| | (b) | produce evidence of the authorisation to enter the premises; and |
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50 | | (c) | provide an explanation to the occupier of the premises of how to |
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| | complain about how the power of access has been exercised. |
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| | (9) | In this section “an authorised officer” means a person authorised by a local |
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| | authority for the purposes of this section, but regulations may set restrictions on |
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| | the persons or categories of persons who may be authorised.’. |
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| | As an Amendment to Paul Burstow’s proposed New Clause (Adult safeguarding |
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| | ‘( ) | all reasonable and practicable steps have been taken to obtain access to a |
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| | person suspected of being an adult at risk of abuse or neglect before |
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| | seeking an order under this section; |
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| | ( ) | the authorised officer has had regard for the general duty in section 1 |
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| | (Promoting individual well-being) in making a decision under subsection |
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