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43

 

House of Commons

 
 

Tuesday 4 February 2014

 

Public Bill Committee Proceedings

 

Care Bill [Lords]


 

[Fifteenth Sitting]


 

New Clauses

 

Rights of appeal

 

Norman Lamb

 

Added  NC1

 

To move the following Clause:—

 

‘(1)    

In section 26 of the Health and Social Care Act 2008 (registration procedure:

 

notice of proposals), after subsection (4) insert—

 

“(4A)    

Where a proposal under subsection (4) names an individual and specifies

 

action that the Commission would require the registered person to take in

 

relation to that individual, the Commission must give that individual

 

notice in writing of the proposal.”

 

(2)    

In section 28 of that Act (notice of decisions), in subsection (6), for “subsection

 

(7)” substitute “subsections (7) to (9)”.

 

(3)    

In that section, after subsection (7) insert—

 

“(8)    

But in a case where notice of the proposal has been given to an individual

 

under section 26(4A) subsection (7) does not apply unless, by the time

 

the Commission receives the applicant’s notification, it has received

 

notification from the individual that he or she does not intend to appeal.

 

(9)    

And if the Commission receives notification from the individual after it

 

receives the applicant’s notification and before the end of the period

 

mentioned in subsection (6)(a), the decision is to take effect when the

 

Commission receives the individual’s notification.”’.

 



 
 

Public Bill Committee Proceedings: 4 February 2014        

44

 

Care Bill-[Lords], continued

 
 

Integration of care and support with health services etc: integration fund

 

Norman Lamb

 

Added  NC2

 

To move the following Clause:—

 

‘(1)    

At the end of section 223B of the National Health Service Act 2006 (funding of

 

the National Health Service Commissioning Board) insert—

 

“(6)    

Where the mandate specifies objectives relating to service integration,

 

the requirements that may be specified under section 13A(2)(b) include

5

such requirements relating to the use by the Board of an amount of the

 

sums paid to it under this section as the Secretary of State considers it

 

necessary or expedient to impose.

 

(7)    

The amount referred to in subsection (6)—

 

(a)    

is to be determined in such manner as the Secretary of State

10

considers appropriate, and

 

(b)    

must be specified in the mandate.

 

(8)    

The reference in subsection (6) to service integration is a reference to the

 

integration of the provision of health services with the provision of

 

health-related services or social care services, as referred to in sections

15

13N and 14Z1.”

 

(2)    

After section 223G of that Act (meeting expenditure of clinical commissioning

 

groups out of public funds) insert—

 

“223GA 

 Expenditure on integration

 

(1)    

Where the mandate includes a requirement in reliance on section 223B(6)

20

(requirements relating to use by the Board of an amount paid to the Board

 

where mandate specifies service integration objectives), the Board may

 

direct a clinical commissioning group that an amount (a “designated

 

amount”) of the sums paid to the group under section 223G is to be used

 

for purposes relating to service integration.

25

(2)    

The designated amount is to be determined—

 

(a)    

where the mandate includes a requirement (in reliance on section

 

223B(6)) that designated amounts are to be determined by the

 

Board in a manner specified in the mandate, in that manner;

 

(b)    

in any other case, in such manner as the Board considers

30

appropriate.

 

(3)    

The conditions under section 223G(7) subject to which the payment of a

 

designated amount is made must include a condition that the group

 

transfers the amount into one or more funds (“pooled funds”) established

 

under arrangements under section 75(2)(a) (“pooling arrangements”).

35

(4)    

The conditions may also include—

 

(a)    

conditions relating to the preparation and agreement by the

 

group and each local authority and other clinical commissioning

 

group that is party to the pooling arrangements of a plan for how

 

to use the designated amount (a “spending plan”);

40

(b)    

conditions relating to the approval of a spending plan by the

 

Board;

 

(c)    

conditions relating to the inclusion of performance objectives in

 

a spending plan;


 
 

Public Bill Committee Proceedings: 4 February 2014        

45

 

Care Bill-[Lords], continued

 
 

(d)    

conditions relating to the meeting of any performance objectives

45

included in a spending plan or specified by the Board.

 

(5)    

Where a condition subject to which the payment of a designated amount

 

is made is not met, the Board may—

 

(a)    

withhold the payment (in so far as it has not been made);

 

(b)    

recover the payment (in so far as it has been made);

50

(c)    

direct the clinical commissioning group as to the use of the

 

designated amount for purposes relating to service integration or

 

for making payments under section 256.

 

(6)    

Where the Board withholds or recovers a payment under subsection

 

(5)(a) or (b)—

55

(a)    

it may use the amount for purposes consistent with such

 

objectives and requirements relating to service integration as are

 

specified in the mandate, and

 

(b)    

in so far as the exercise of the power under paragraph (a)

 

involves making a payment to a different clinical commissioning

60

group or some other person, the making of the payment is subject

 

to such conditions as the Board may determine.

 

(7)    

The requirements that may be specified in the mandate in reliance on

 

section 223B(6) include requirements to consult the Secretary of State or

 

other specified persons before exercising a power under subsection (5) or

65

(6).

 

(8)    

The power under subsection (5)(b) to recover a payment may be

 

exercised in a financial year after the one in respect of which the payment

 

was made.

 

(9)    

The payments that may be made out of a pooled fund into which a

70

designated amount is transferred include payments to a local authority

 

which is not party to the pooling arrangements in question in connection

 

with the exercise of its functions under Part 1 of the Housing Grants,

 

Construction and Regeneration Act 1996 (disabilities facilities grants).

 

(10)    

In exercising a power under this section, the Board must have regard to

75

the extent to which there is a need for the provision of each of the

 

following—

 

(a)    

health services (see subsection (12)),

 

(b)    

health-related services (within the meaning given in section

 

14Z1), and

80

(c)    

social care services (within the meaning given in that section).

 

(11)    

A reference in this section to service integration is a reference to the

 

integration of the provision of health services with the provision of

 

health-related services or social care services, as referred to in sections

 

13N and 14Z1.

85

(12)    

“Health services” means services provided as part of the health service in

 

England.”.’.

 

As an Amendment to Norman Lamb’s proposed New Clause (Integration of care and

 

support with health services etc: integration fund) (NC2):—


 
 

Public Bill Committee Proceedings: 4 February 2014        

46

 

Care Bill-[Lords], continued

 
 

Paul Burstow

 

Withdrawn  (a)

 

Line  74,  after ‘regard to’, insert ‘the duty to promote wellbeing in section 1 of the

 

Care Act 2014, and’.

 


 

Part 1 appeals

 

Norman Lamb

 

Paul Burstow

 

Added  NC28

 

To move the following Clause:—

 

‘(1)    

Regulations may make provision for appeals against decisions taken by a local

 

authority in the exercise of functions under this Part in respect of an individual

 

(including decisions taken before the coming into force of the first regulations

 

made under this subsection).

 

(2)    

The regulations may in particular make provision about—

 

(a)    

who may (and may not) bring an appeal;

 

(b)    

grounds on which an appeal may be brought;

 

(c)    

pre-conditions for bringing an appeal;

 

(d)    

how an appeal is to be brought and dealt with (including time limits);

 

(e)    

who is to consider an appeal;

 

(f)    

matters to be taken into account (and disregarded) by the person or body

 

considering an appeal;

 

(g)    

powers of the person or body deciding an appeal;

 

(h)    

what action is to be taken by a local authority as a result of an appeal

 

decision;

 

(i)    

providing information about the right to bring an appeal, appeal

 

procedures and other sources of information and advice;

 

(j)    

representation and support for an individual bringing or otherwise

 

involved in an appeal.

 

(3)    

Provision about pre-conditions for bringing an appeal may require specified steps

 

to have been taken before an appeal is brought.

 

(4)    

Provision about how an appeal is to be dealt with may include provision for—

 

(a)    

the appeal to be treated as, or as part of, an appeal brought or complaint

 

made under another procedure;

 

(b)    

the appeal to be considered with any such appeal or complaint.

 

(5)    

Provision about who is to consider an appeal may include provision—

 

(a)    

establishing, or requiring or permitting the establishment of, a panel or

 

other body to consider an appeal;

 

(b)    

requiring an appeal to be considered by, or by persons who include,

 

persons with a specified description of expertise or experience.

 

(6)    

Provision about representation and support for an individual may include

 

provision applying any provision of or made under section 68, with or without

 

modifications.

 

(7)    

The regulations may make provision for—

 

(a)    

an appeal brought or complaint made under another procedure to be

 

treated as, or as part of, an appeal brought under the regulations;


 
 

Public Bill Committee Proceedings: 4 February 2014        

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Care Bill-[Lords], continued

 
 

(b)    

an appeal brought or complaint made under another procedure to be

 

considered with an appeal brought under the regulations;

 

(c)    

matters raised in an appeal brought under the regulations to be taken into

 

account by the person or body considering an appeal brought or

 

complaint made under another procedure.

 

(8)    

The regulations may include provision conferring functions on a person or body

 

established by or under an Act (including an Act passed after the passing of this

 

Act); for that purpose, the regulations may amend, repeal, revoke or otherwise

 

modify an enactment.

 

(9)    

Regulations may make provision, in relation to a case where an appeal is brought

 

under regulations under subsection (1)—

 

(a)    

for any provision of this Part to apply, for a specified period, as if a

 

decision (“the interim decision”) differing from the decision appealed

 

against had been made;

 

(b)    

as to what the terms of the interim decision are, or as to how and by whom

 

they are to be determined;

 

(c)    

for financial adjustments to be made following a decision on the appeal.

 

(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

 

Not called  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—


 
 

Public Bill Committee Proceedings: 4 February 2014        

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Care Bill-[Lords], continued

 
 

(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

 

(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

 

Not called  NC4

 

To move the following Clause:—


 
 

Public Bill Committee Proceedings: 4 February 2014        

49

 

Care Bill-[Lords], continued

 
 

‘(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

 

Not called  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


 
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