House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Public Bill Committee: 23 January 2014
193

Care Bill-[Lords], continued

(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;

(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.

(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

that—

(a)
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;

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

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

(1).

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

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

(d)
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

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

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

subsection (2); and

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

the person being at greater risk of abuse or neglect.

(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.

(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

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

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

Public Bill Committee: 23 January 2014
194

Care Bill-[Lords], continued

(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.’.

Duty to report adults at risk of abuse

Paul Burstow

Sarah Newton

NC4

To move the following Clause:—

‘(1)
If a relevant partner of a local authority has reasonable cause to suspect that the

local authority would be under a duty to make enquiries under section 42, it must

inform the local authority of that fact.

(2)
If the person that the relevant partner has reasonable cause to suspect would be

the subject of enquiries under section 42 and appears to be within the area of a

local authority other than the one of which it is a relevant partner, it must inform

that other local authority.

(3)
If a local authority has reasonable cause to suspect that a person within its area at

any time would be the subject of enquiries under section 42 and is living or

proposing to live in the area of another local authority (including a local authority

in Wales, Scotland or Northern Ireland), it must inform that other local authority.

(4)
In this section “relevant partner”, in relation to a local authority, means—

(a)
the local policing body and the chief officer of police for a police area any

part of which falls within the area of the local authority;

(b)
any other local authority with which the authority agrees that it would be

appropriate to co-operate under this section;

(c)
any provider of probation services that is required by arrangements under

section 3(2) of the Offender Management Act 2007 to act as a relevant

partner of the authority;

(d)
any provider of regulated activities as listed in Schedule 1 to the Health

and Social Care Act 2008 (Regulated Activities) Regulations 2010;

(e)
a local health board for an area any part of which falls within the area of

the authority;

(f)
an NHS trust providing services in the area of the authority; and

(g)
such person, or a person of such description, as regulations may specify.’.

Child’s carer’s eligibility criteria

Paul Burstow

Sarah Newton

NC5

To move the following Clause:—

Public Bill Committee: 23 January 2014
195

Care Bill-[Lords], continued

‘(1)
Where a local authority is satisfied on the basis of a child’s carer’s assessment that

a carer of a child has needs for care and support, it must determine whether any

of the needs meet the eligibility criteria (see subsection (6)).

(2)
Having made a determination under subsection (1), the local authority must give

the carer concerned a written record of the determination and the reasons for it.

(3)
Where at least some of a child’s carer’s needs for care and support meet the

eligibility criteria, the local authority must—

(a)
consider what could be done to meet those needs that are eligible;

(b)
ascertain whether the carer wants to have those needs met by the local

authority in accordance with this Part; and

(c)
establish whether the child needing care is ordinarily resident in the local

authority’s area.

(4)
Where none of the needs of the carer concerned meet the eligibility criteria, the

local authority must give him or her written advice and information about—

(a)
what can be done to meet or reduce the needs; and

(b)
what can be done to prevent or delay the development of needs for care

and support, or the development of needs for support, in the future.

(5)
Regulations may make provision about the making of the determination under

subsection (1).

(6)
Needs meet the eligibility criteria if—

(a)
they are of a description specified in regulations; or

(b)
they form part of a combination of needs of a description so specified.

(7)
The regulations may, in particular, describe needs by reference to—

(a)
the effect that the needs have on the carer concerned; or

(b)
the carer’s circumstances.’.

Duty and power to meet a child’s carer’s needs for support

Paul Burstow

Sarah Newton

NC6

To move the following Clause:—

‘(1)
A local authority, having made a determination under section 62( ), must meet a

carer’s needs for support which meet the eligibility criteria if—

(a)
the child needing care is ordinarily resident in the local authority’s area;

and

(b)
the local authority is satisfied that support would be better provided to the

carer under this section than to the carer and/or the child under section 17

of the Children Act 1989.

(2)
A local authority may meet a carer’s needs for support if it satisfied that it is not

required to meet the carer’s needs under this section.

(3)
Where a local authority has carried out an assessment under section 61(1)(b) it

must give the carer—

(a)
an indication as to whether any of the needs for support which it thinks

the carer is likely to have after the child becomes 18 are likely to meet the

eligibility criteria (and, if so, which ones are likely to do so), and

(b)
advice and information about—

Public Bill Committee: 23 January 2014
196

Care Bill-[Lords], continued

(i)
what can be done to meet or reduce the needs which it thinks the

carer is likely to have after the child becomes 18; and

(ii)
what can be done to prevent or delay the development by the

carer of needs for support in the future.’.

Public awareness campaigns

Liz Kendall

Mr Jamie Reed

NC7

To move the following Clause:—

‘The Secretary of State and local authorities shall ensure through national and

local public awareness campaigns that there is a high level of public awareness

and understanding of the terms and implications of the cap on care costs.’.

Appealing decisions taken by the local authority

Liz Kendall

Mr Jamie Reed

NC8

To move the following Clause:—

‘(1)
The local authority must have in place a procedure, which includes a review

element that is independent of the local authority, by which adults or carers can

appeal a decision made by the local authority about—

(a)
whether an adult or carer’s needs meet eligibility criteria under section

13;

(b)
whether to charge for meeting needs under section 14;

(c)
the result of a financial assessment under section 17;

(d)
the content of a care and support plan or support plan under section 25;

(e)
the amount of a personal budget made under section 26 or independent

personal budget made under section 28;

(f)
the payment of an “additional cost” under section 30.

(2)
Regulations may make further provision about any aspect of the appeals

procedure mentioned in subsection (1).

(3)
Wherever a decision has been made of a type referred to in subsection (1), the

local authority must make the adult or carer aware of their right of to appeal the

decision and how to request details of the appeals procedure. Details of the

procedure must be made available on request.’.

Public Bill Committee: 23 January 2014
197

Care Bill-[Lords], continued

Promoting health of carers

Liz Kendall

Mr Jamie Reed

NC9

To move the following Clause:—

‘(1)
In exercising their functions health bodies shall—

(a)
promote and safeguard the health and well-being of carers;

(b)
ensure that effective procedures exist to identify patients who are or are

about to become carers;

(c)
ensure that appropriate systems exist to ensure that carers receive

appropriate information and advice; and

(d)
ensure the systems are in place to ensure that the relevant general medical

services are rendered to their patients who are carers.’.

Local authorities: duties with respect to young carers

Liz Kendall

Mr Jamie Reed

NC10

To move the following Clause:—

‘(1)
A local authority must ensure that it takes all reasonable steps to ensure that in

relation to—

(a)
any school within its area and under its control; and

(b)
any functions it discharges in pursuance of its responsibilities as a

children’s services authority, there is in place a policy that both identifies

young carers and makes arrangements for the provision of support for

pupils who are young carers.

(2)
In discharging its duty under subsection (1), a local authority must have regard to

any guidance given from time to time by the Secretary of State.’.

Further and higher education: duties with respect to student carers

Liz Kendall

Mr Jamie Reed

NC11

To move the following Clause:—

‘(1)
The responsible body of an institution to which this section applies must identify

or make arrangements to identify student carers and have a policy in place on

providing support for student carers.

(2)
This section applies to—

(a)
a university;

(b)
any other institution within the higher education sector; and

Public Bill Committee: 23 January 2014
198

Care Bill-[Lords], continued

(c)
an institution within the further education sector.

(3)
A responsible body is—

(a)
in the case of an institution in subsection (2)(a) or (b), the governing

body;

(b)
in the case of a college of further education under the management of a

board of management, the board of management; and

(c)
in the case of any other college of further education, any board of

governors of the college or any person responsible for the management

of the college, whether or not formally constituted as a governing body

or board of governors.’.

End of life care

Dr Sarah Wollaston

Grahame M. Morris

NC12

To move the following Clause:—

‘Following consultation, the Secretary of State may make regulations

establishing arrangements for terminally ill persons to—

(a)
have their preference for place of death recorded by local health and

social care services and for that preference to be implemented wherever

practicable; and

(b)
to be exempted from charges for adult social care necessary in order to

allow them to die in their place of preference.’.

Funding for new costs arising from Part 1

Meg Munn

NC13

To move the following Clause:—

‘(1)
The Secretary of State must provide local authorities with sufficient funding to

enable them to meet new costs arising directly or indirectly to them by virtue of

this Part.

(2)
The costs mentioned in subsection (1) include (but are not limited to)—

(a)
costs of introducing the new measures set out in this Part;

(b)
on-going costs of implementing those measures (to be allocated through

the annual spending review);

(c)
costs identified by the Department of Health to be funded through the

Better Care Fund.’.

Public Bill Committee: 23 January 2014
199

Care Bill-[Lords], continued

Social care free at the point of use

Bill Esterson

NC14

To move the following Clause:—

‘The Secretary of State must prepare a report on the costs and benefits of

requiring, and providing funding for, local authorities to offer all social care free

at the point of use. This report must be laid before each House of Parliament

within 12 months of section 3 coming into force.’.

Joint Care and Support Reform Programme Board: assessment of funding

Liz Kendall

Mr Jamie Reed

NC15

To move the following Clause:—

‘(1)
Before any provision of Part 1 is brought into force, the Joint Care and Support

Reform Programme Board must have informed the Secretary of State whether

sufficient funding is in place or will be put in place to ensure that the provision in

question can be implemented satisfactorily.

(2)
In subsection (1), the “Joint Care and Support Reform Programme Board” means

the board of that name consisting of representatives including the Local

Government Association, the Association of Directors of Adult Social Services

and the Department of Health.’.

Ministerial advisory committee

Liz Kendall

Mr Jamie Reed

NC16

To move the following Clause:—

‘An independent ministerial advisory committee shall be set up to keep under

review the workings of the set level as set out in section 15, and the means-testing

arrangements set out in section 17.’.



© Parliamentary copyright	Revised 23 January 2014