Session 2013 - 14
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Other Bills before Parliament


 
 

Public Bill Committee: 30 January 2014                  

253

 

Care Bill-[Lords], continued

 
 

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.’.

 


 

Initial funding assessment

 

Liz Kendall

 

Mr Jamie Reed

 

NC17

 

To move the following Clause:—

 

‘The Secretary of State must ask the Office for Budget Responsibility to complete

 

by the end of 2014 a review of the funding of adult social care that assesses—

 

(a)    

the adequacy of current public funding of these services;

 

(b)    

the proposals for funding the provisions in this Act;

 

(c)    

the implications of the Act and its funding for the NHS over the next five

 

years; and

 

(d)    

in particular the short and long term costs of setting the eligibility criteria

 

at the level set out in regulations.’.

 



 
 

Public Bill Committee: 30 January 2014                  

254

 

Care Bill-[Lords], continued

 
 

Impact assessments of regulations

 

Liz Kendall

 

Mr Jamie Reed

 

NC18

 

To move the following Clause:—

 

‘(1)    

Before bringing into force sections 13, 17 and 35, the Secretary of State must lay

 

before Parliament an impact assessment of the regulations set out in those

 

sections.

 

(2)    

In relation to the regulations set out in subsection 13(6), the assessment must

 

show how the provisions will affect the likely impact of the set level above which

 

an adult starts receiving financial assistance with the costs of their care.’.

 


 

Corporate responsibility for neglect

 

Nick Smith

 

Liz Kendall

 

Mr Jamie Reed

 

Meg Munn

 

Paul Burstow

 

NC19

 

To move the following Clause:—

 

‘(1)    

This section applies where a person registered under Chapter 2 of Part 1 of the

 

Health and Social Care Act 2008 (a “registered care provider”) in respect of the

 

carrying on of a regulated activity (within the meaning of that Part) has

 

reasonable cause to suspect that an adult in their care is experiencing, or is at risk

 

of, abuse and neglect.

 

(2)    

The registered care provider must make (or cause to be made) whatever enquiries

 

it thinks necessary to enable it to decide whether any action should be taken in the

 

adult’s case and, if so, what and by whom.

 

(3)    

Where abuse or neglect is suspected, the registered care provider is responsible

 

for informing the Safeguarding Adults Board in its area and commits an offence

 

if (without reasonable cause) it fails to do so.

 

(4)    

A registered care provider is guilty of an offence if the way in which its activities

 

are managed or organised by its board or senior management neglects, or is a

 

substantial element in, the existence and or possibility of abuse or neglect

 

occurring.

 

(5)    

A person guilty of an offence under this section is liable on conviction to

 

imprisonment for a term not exceeding five years, or to a fine, the range of which

 

will be specified by regulations, or to both.’.

 



 
 

Public Bill Committee: 30 January 2014                  

255

 

Care Bill-[Lords], continued

 
 

Portability of care

 

Liz Kendall

 

Mr Jamie Reed

 

NC20

 

To move the following Clause:—

 

‘(1)    

The Secretary of State must prepare a report containing an assessment of what

 

primary or secondary legislation would be required to ensure people in receipt of

 

care and support in the community in the UK receive continuity of such care and

 

support if they change their place of residence, with particular reference to moves

 

between countries of the United Kingdom.

 

(2)    

The report under subsection (1) must be laid before each House of Parliament six

 

months after this Bill receives Royal Assent.’.

 


 

Accounting

 

Liz Kendall

 

Mr Jamie Reed

 

Meg Munn

 

NC21

 

To move the following Clause:—

 

‘(1)    

The Secretary of State shall make provision for accounting guidelines for persons

 

and organisations offering care services to be published.

 

(2)    

All persons and organisations offering care services shall have a duty to follow

 

guidelines published in accordance with subsection (1) in charging for those

 

services and shall, in particular, ensure that all accounting paperwork is easy to

 

understand, fully explains any interface with the local authority and is complete.’.

 


 

Duty of candour

 

Liz Kendall

 

Mr Jamie Reed

 

Meg Munn

 

NC22

 

To move the following Clause:—

 

‘(1)    

Local authorities must take reasonable steps to create an open and honest culture

 

that enables employees to report reasonable suspicions of abuse and neglect of

 

individuals in the care of the local authority or a provider commissioned by the

 

local authority.

 

(2)    

“Reasonable steps” include—

 

(a)    

ensuring that staff are aware of and trust processes open to them;

 

(b)    

provision of advice about the process;

 

(c)    

review of procedures; and


 
 

Public Bill Committee: 30 January 2014                  

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(d)    

regular communications to staff about the processes.’.

 


 

Offence of abuse of adult in care

 

Paul Burstow

 

NC23

 

To move the following Clause:—

 

‘Any person who wilfully causes or permits an adult who has care and support

 

needs to suffer physical or mental pain or injury or, having the care or custody of

 

that adult, wilfully causes or permits the person or health of that adult to be

 

injured, including through the neglect of their care and support or health needs,

 

or wilfully causes or permits that person to be placed in a situation that endangers

 

his or her person or health, including mental health, is liable—

 

(a)    

on summary conviction, to imprisonment for a term not exceeding 12

 

months or a fine not exceeding the statutory maximum or both,

 

(b)    

on conviction on indictment, to imprisonment for a term not exceeding

 

five years or a fine or both.’.

 


 

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.’.

 



 
 

Public Bill Committee: 30 January 2014                  

257

 

Care Bill-[Lords], continued

 
 

Assessment of care and support needs of persons detained under mental health legislation

 

in police cells

 

Dr Sarah Wollaston

 

Paul Burstow

 

NC26

 

To move the following Clause:—

 

‘(1)    

Police constabularies must record the following information about persons under

 

18 years of age detained in police cells under section 136 of the Mental Health

 

Act 1983—

 

(a)    

the age of each such detainee;

 

(b)    

the period of time each detainee was accommodated in a police cell;

 

(c)    

what assessments of—

 

(i)    

medical; and

 

(ii)    

social care and support

 

    

needs were made and by whom; and

 

(d)    

what the result was in each case.

 

(2)    

The Secretary of State must publish an annual report containing the number of

 

persons detained in police cells under the Mental Health Act 1983 broken down

 

by—

 

(a)    

police authority area;

 

(b)    

age of detainee; and

 

(c)    

length of detention.

 

(3)    

Within 12 months of this Act coming into force, the Secretary of State must

 

prepare and lay before each House of Parliament a report on the implications for

 

the effective, efficient and economic provision of integrated health and social

 

care arising from the imposition of a charge upon local authorities and NHS

 

commissioning bodies, as appropriate, for the use of police cells for the detention

 

of persons under mental health legislation.’.

 


 

Registration of Healthcare Support Workers

 

Mr Jamie Reed

 

Liz Kendall

 

NC27

 

To move the following Clause:—

 

‘(1)    

The Secretary of State must by regulations provide for a system of registration of

 

healthcare support workers (“the registration system”) under which no

 

unregistered person should be permitted to provide for reward direct physical care

 

to patients currently under the care and treatment of a registered nurse or a

 

registered doctor in a hospital or care home setting.

 

(2)    

The system shall apply to healthcare support workers, whether they are working

 

for—

 

(a)    

the NHS,

 

(b)    

independent healthcare providers,

 

(c)    

in the community,

 

(d)    

for agencies, or


 
 

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Care Bill-[Lords], continued

 
 

(e)    

as independent agents.

 

(3)    

Persons care for members of their own family or caring for persons with whom

 

they have a genuine social relationship shall be exempt from the provisions of

 

subsections (1).

 

(4)    

The registration system shall include a national code of conduct for healthcare

 

support workers.

 

(5)    

The registration system shall include national standards for education and

 

training of healthcare support workers.

 

(6)    

The code of conduct, education and training standards and requirements for

 

registration for healthcare support workers shall be prepared and maintained only

 

after consultation with all relevant stakeholders including, but not limited to—

 

(a)    

regulatory bodies,

 

(b)    

professional representative organisations, and

 

(c)    

the public.’.

 


 

Norman Lamb

 

25

 

Title,  line  5,  after ‘Authority;’ insert ‘to make provision about integrating care and

 

support with health services;’.

 

 

Order of the House [16 December 2013]

 

That the following provisions shall apply to the Care Bill [Lords]:

 

Committal

 

1.    

The Bill shall be committed to a Public Bill Committee.

 

Proceedings in Public Bill Committee

 

2.    

Proceedings in the Public Bill Committee shall (so far as not previously

 

concluded) be brought to a conclusion on 4 February 2014.

 

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

 

which it meets.

 

Consideration and Third Reading

 

4.    

Proceedings on Consideration and Third Reading shall be concluded in two

 

days.

 

5.    

Proceedings on Consideration shall (so far as not previously concluded) be

 

brought to a conclusion one hour before the moment of interruption on the

 

second of those days.

 

6.    

Proceedings on Third Reading shall (so far as not previously concluded) be

 

brought to a conclusion at the moment of interruption on that day.

 

7.    

Standing Order No. 83B (Programming committees) shall not apply to

 

proceedings on Consideration and Third Reading.


 
 

Public Bill Committee: 30 January 2014                  

259

 

Care Bill-[Lords], continued

 
 

Other proceedings

 

8.    

Any other proceedings on the Bill (including any proceedings on

 

consideration of any message from the Lords) may be programmed.

 

 

Order of the Committee [9 January 2014]

 

That—

 

(1)  

the Committe shall (in addition to its first meeting at 11.30 am on Thursday

 

9 January) meet—

 

(a)  

at 2.00 pm on Thursday 9 January;

 

(b)  

at 8.55 am and 2.00 pm on Tuesday 14 January;

 

(c)  

at 11.30 am and 2.00 pm on Thursday 16 January;

 

(d)  

at 8.55 am and 2.00 pm on Tuesday 21 January;

 

(e)  

at 11.30 am and 2.00 pm on Thursday 23 January;

 

(f)  

at 8.55 am and 2.00 pm on Tuesday 28 January;

 

(g)  

at 11.30 am and 2.00 pm on Thursday 30 January;

 

(h)  

at 8.55 am on Tuesday 4 February;

 

(2)  

the proceedings shall be taken in the following order: Clauses 1 to 39;

 

Schedule 1; Clauses 40 to 43; Schedule 2; Clauses 44 to 73; Schedule 3;

 

Clause 74; Schedule 4; Clauses 75 to 94; Schedule 5; Clauses 95 to 102;

 

Schedule 6; Clauses 103 to 107; Schedule 7; Clauses 108 to 111; Schedule 8;

 

Clauses 112 to 125; new Clauses; new Schedules; remaining proceedings on

 

the the Bill.

 

(3)  

the proceedings shall (so far as not previously concluded) be brought to a

 

conclusion at 11.25 am on Tuesday 4 February.

 


 
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