Session 2013 - 14
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Other Bills before Parliament


 
 

Public Bill Committee: 30 January 2014                  

246

 

Care Bill-[Lords], continued

 
 

(10)    

The period specified under subsection (9)(a) may not begin earlier than the date

 

on which the decision appealed against was made, or end later than the date on

 

which the decision on the appeal takes effect.’.

 


 

Adult safeguarding access order

 

Paul Burstow

 

Sarah Newton

 

Dr Sarah Wollaston

 

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—

 

(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;


 
 

Public Bill Committee: 30 January 2014                  

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Care Bill-[Lords], continued

 
 

(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

 

(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;


 
 

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(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:—

 

‘(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.’.

 



 
 

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Care Bill-[Lords], continued

 
 

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—

 

(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.’.

 



 
 

Public Bill Committee: 30 January 2014                  

250

 

Care Bill-[Lords], continued

 
 

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.’.

 


 

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.’.

 



 
 

Public Bill Committee: 30 January 2014                  

251

 

Care Bill-[Lords], continued

 
 

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

 

(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.’.

 



 
 

Public Bill Committee: 30 January 2014                  

252

 

Care Bill-[Lords], continued

 
 

End of life care

 

Dr Sarah Wollaston

 

Grahame M. Morris

 

Paul Burstow

 

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.’.

 


 

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.’.

 



 
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Revised 30 January 2014