Session 2013 - 14
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143

 

House of Commons

 
 

Notices of Amendments

 

given on

 

Thursday 16 January 2014

 

For other Amendment(s) see the following page(s):

 

Care Bill [Lords] Committee 119-141

 

Public Bill Committee


 

Care Bill [Lords]

 

Liz Kendall

 

Mr Jamie Reed

 

129

 

Clause  56,  page  49,  line  4,  at end insert—

 

‘(8)    

Where this section applies to a registered care provider, the provider must

 

disclose in full any relevant information that the Care Quality Commission

 

considers it necessary to have in order to make an assessment under subsection

 

(1), including information relating to any holding companies or other associated

 

corporate entities.’.

 

Liz Kendall

 

Mr Jamie Reed

 

130

 

Clause  56,  page  48,  line  39,  leave out ‘may’ and insert ‘must’.

 

Grahame M. Morris

 

131

 

Clause  74,  page  65,  leave out lines 35 and 36.

 

Paul Burstow

 

132

 

Clause  56,  page  48,  line  44,  at end add ‘including the charges levied on the

 

provider by other services regulated by the Commission and their impact on the financial

 

sustainability of the provider’s business.’.


 
 

Notices of Amendments: 16 January 2014                  

144

 

Care Bill-[Lords], continued

 
 

Offence of corporate neglect

 

Paul Burstow

 

NC24

 

To move the following Clause:—

 

‘In section 1 of the Corporate Manslaughter and Corporate Homicide Act 2007,

 

insert—

 

“1A    

Corporate neglect

 

(1)    

An organisation to which this section applies is guilty of an offence if the

 

way in which its activities are managed or organised—

 

(a)    

cause a person to suffer abuse or neglect;

 

(b)    

amounts to a gross breach of a relevant duty of care owed by the

 

organisation to the person who suffers abuse or neglect; and

 

(c)    

the offence under this subsection is called corporate neglect.’.

 

Adult safeguarding access order

 

Paul Burstow

 

Sarah Newton

 

NC3

 

To move the following Clause:—

 

‘(1)    

An authorised officer may apply to a justice of the peace for an order (an adult

 

safeguarding access order) in relation to a person living in any premises within a

 

local authority’s area.

 

(2)    

The purposes of an adult safeguarding access order are—

5

(a)    

to enable the authorised officer and any other person accompanying the

 

officer to speak in private with a person suspected of being an adult at risk

 

of abuse or neglect;

 

(b)    

to enable the authorised officer to assess the mental capacity of a person

 

suspected of being an adult at risk of abuse;

10

(c)    

to enable the authorised officer to ascertain whether that person is making

 

decisions freely; and

 

(d)    

to enable the authorised officer properly to assess whether the person is

 

an adult at risk of abuse or neglect and to make a decision as required by

 

section 41(2) on what, if any, action should be taken.

15

(3)    

While an adult safeguarding access order is in force, the authorised officer, a

 

constable and any other specified person accompanying the officer in accordance

 

with the order, may enter the premises specified in the order for the purposes set

 

out in subsection (2).

 

(4)    

The justice of the peace may make an adult safeguarding access order if satisfied

20

that—

 

(a)    

the authorised officer has reasonable cause to suspect that a person is an

 

adult who is experiencing or at risk of abuse or neglect;

 

(b)    

it is necessary for the authorised officer to gain access to the person in

 

order to make the enquiries needed to inform the decision required by

25

section 41(2) on what, if any, action should be taken;

 

(c)    

making an order is necessary in order to fulfil the purposes set out in

 

subsection (2); and

 

(d)    

exercising the power of access conferred by the order will not result in

 

the person being at greater risk of abuse or neglect.


 
 

Notices of Amendments: 16 January 2014                  

145

 

Care Bill-[Lords], continued

 

30

(5)    

An adult safeguarding access order must—

 

(a)    

specify the premises to which it relates;

 

(b)    

provide that the authorised officer may be accompanied by a constable;

 

and

 

(c)    

specify the period for which the order is to be in force.

35

(6)    

Other conditions may be attached to an adult safeguarding access order, for

 

example—

 

(a)    

specifying restrictions on the time that the power of access conferred by

 

the order may be exercised;

 

(b)    

providing for the authorised officer to be accompanied by another

40

specified person; or

 

(c)    

requiring notice of the order to be given to the occupier of the premises

 

and to the person suspected of being an adult at risk of abuse.

 

(7)    

A constable accompanying the authorised officer may use reasonable force if

 

necessary in order to fulfil the purposes of an adult safeguarding access order set

45

out in subsection (2).

 

(8)    

On entering the premises in accordance with an adult safeguarding access order

 

the authorised officer must—

 

(a)    

state the object of the visit;

 

(b)    

produce evidence of the authorisation to enter the premises; and

50

(c)    

provide an explanation to the occupier of the premises of how to

 

complain about how the power of access has been exercised.

 

(9)    

In this section “an authorised officer” means a person authorised by a local

 

authority for the purposes of this section, but regulations may set restrictions on

 

the persons or categories of persons who may be authorised.’.

 

As an Amendment to Paul Burstow’s proposed New Clause (Adult safeguarding

 

access order) (NC3):—

 

Paul Burstow

 

(a)

 

Line  20,  at end insert—

 

‘( )    

all reasonable and practicable steps have been taken to obtain access to a

 

person suspected of being an adult at risk of abuse or neglect before

 

seeking an order under this section;

 

( )    

the authorised officer has had regard for the general duty in section 1

 

(Promoting individual well-being) in making a decision under subsection

 

(1).’.

 


 
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Revised 17 January 2014