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Notices of Amendments: 6 March 2014                     

1756

 

Care Bill, continued

 
 

    

before entering into a deferred payment arrangement,

 

(c)    

the average length of time a deferred payment arrangement is held,

 

(d)    

the numbers of individuals holding such arrangements broken down by

 

different periods of time held, amd

 

(e)    

the amount of money deferred under such arrangement.’.

 

 

National framework for local authority fees for care providers

 

Paul Burstow

 

Andrew George

 

Mr Michael Thornton

 

NC15

 

To move the following Clause:—

 

‘(1)    

The Secretary of State shall establish an indicative national formula with which

 

local authorities shall determine the costs of care provision in their area.

 

(2)    

In having regard to the matters mentioned in section 5(2)(b), a local authority

 

must derive fee levels for independent providers of care and support services

 

from the formula mentioned in subsection (1).

 

(3)    

The Secretary of State shall make arrangements for the audit of local authority fee

 

levels to determine their compliance with the duty mentioned in subsection (2)

 

and the extent to which this contributes to the effective delivery of the

 

requirements of section 5(2), with particular reference to paragraphs (b), (d), (e)

 

and (f).

 

(4)    

The formula in subsection (1) shall be made by regulations laid in pursuance of

 

section 123(4) of this Act.’.

 

 

Duty to review economic, financial and other factors affecting provision of care services

 

Liz Kendall

 

Mr Jamie Reed

 

Mrs Emma Lewell-Buck

 

Meg Munn

 

Grahame M. Morris

 

NC17

 

To move the following Clause:—

 

‘(1)    

The Secretary of State shall make arrangements for—

 

(a)    

a review of the economic and financial factors affecting the employment

 

(including recruitment, training and development, effective deployment

 

and retention) of care sector workers and the extent to which current

 

policies, mechanisms and relevant compliance by regulated providers of

 

care services make it more or less likely that the objectives of this Act

 

will be realised; and

 

(b)    

a public consultation on the conclusions and recommendations of the

 

review.

 
 

Notices of Amendments: 6 March 2014                     

1757

 

Care Bill, continued

 
 

(2)    

The Secretary of State shall lay a report of the review and public consultation

 

before each House of Parliament by 1 September 2014.’.

 

 

Impact of working conditions on quality of care

 

Liz Kendall

 

Mr Jamie Reed

 

Barbara Keeley

 

Mrs Emma Lewell-Buck

 

Meg Munn

 

Grahame M. Morris

 

NC18

 

To move the following Clause:—

 

‘(1)    

In exercising their functions under Part 1 local authorities must assess and

 

consider how working conditions for people employed in care and support

 

services impact on the fulfilment of local authority duties under Part 1 of this Act.

 

(2)    

“Care and support services” means—

 

(a)    

services provided by a local authority; and

 

(b)    

services commissioned by a local authority.

 

(3)    

Regulations may specify particular matters local authorities must have regard to

 

in relation to subsection (1).’.

 

 

Promoting health of carers

 

Liz Kendall

 

Mr Jamie Reed

 

Barbara Keeley

 

Jim Shannon

 

Grahame M. Morris

 

Hazel Blears

 

NC19

 

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 that systems are in place to ensure that the relevant general

 

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

 

 
 

Notices of Amendments: 6 March 2014                     

1758

 

Care Bill, continued

 
 

Local authorities: duties with respect to young carers

 

Liz Kendall

 

Mr Jamie Reed

 

Barbara Keeley

 

Jim Shannon

 

Grahame M. Morris

 

NC20

 

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 arrangement 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 of student carers

 

Liz Kendall

 

Mr Jamie Reed

 

Barbara Keeley

 

Jim Shannon

 

Grahame M. Morris

 

NC21

 

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.’.

 

 
 

Notices of Amendments: 6 March 2014                     

1759

 

Care Bill, continued

 
 

Duty for Financial Services Consumer Panel

 

Liz Kendall

 

Mr Jamie Reed

 

Grahame M. Morris

 

NC22

 

To move the following Clause:—

 

‘(1)    

The Financial Services Consumer Panel at the Financial Conduct Authority shall

 

have a duty to review the availability, quality, adequacy and effectiveness of

 

financial advice being provided to care users and their families on the

 

implications of the relevant provisions of this Act, and make an annual report

 

thereon to the Secretary of State containing recommendations for steps to take to

 

remedy any deficiencies identified by the Panel.

 

(2)    

The Secretary of State shall lay a copy of the report mentioned in subsection (1)

 

before each House of Parliament. The first such report must be so laid within 12

 

months of this Act receiving Royal Assent.’.

 

 

Financial advice for care users: qualification to provide

 

Liz Kendall

 

Mr Jamie Reed

 

Grahame M. Morris

 

NC23

 

To move the following Clause:—

 

‘(1)    

The Financial Conduct Authority shall prepare and conduct a review of the

 

implications of the relevant provisions of this Act for—

 

(a)    

training and development; and

 

(b)    

the level of the required qualifications

 

    

for advisers seeking licences to provide financial advice to care users and their

 

families.

 

(2)    

The Authority shall submit a report of the findings of the review mentioned in

 

subsection (1) to the Secretary of State, along with recommendations.

 

(3)    

The Secretary of State shall lay a copy of the report mentioned in subsection (2)

 

before each House of Parliament. The first such report must be so laid within 12

 

months of this Act receiving Royal Assent.’.

 

 
 

Notices of Amendments: 6 March 2014                     

1760

 

Care Bill, continued

 
 

Public awareness

 

Liz Kendall

 

Mr Jamie Reed

 

Grahame M. Morris

 

NC24

 

To move the following Clause:—

 

‘(1)    

Local authorities shall have a duty to prepare, publish, consult on and implement

 

a plan for raising and maintaining awareness amongst the residents of their areas

 

of the arrangements for social care, and in particular of any changes to such

 

arrangements brought about by Part 1 of this Act.

 

(2)    

The Secretary of State shall prepare and lay before each House of Parliament an

 

annual report on the level of public awareness and understanding of the

 

arrangements for social care, in particular—

 

(a)    

awareness and understanding of the changes brought about by the

 

provisions of this Act; and

 

(b)    

the effectiveness of local authorities’ implementation of their plans for

 

raising public awareness in their areas.’.

 

 

Declassification of a police station as a place of safety for the purposes of section 136 of

 

the Mental Health Act 1983

 

Paul Burstow

 

Dr Sarah Wollaston

 

Andrew George

 

NC26

 

To move the following Clause:—

 

‘(1)    

The definition of a place of safety in section 135(6) of the Mental Health Act 1983

 

shall no longer be read to include a police station for the purposes of section 136

 

of that Act.

 

(2)    

With regard to persons removed to a place of safety under section 136(1) of the

 

Mental Health Act 1983, subsection (1) above shall have effect from—

 

(a)    

1 April 2015, where such a person is aged 18 years or under; and

 

(b)    

1 April 2017, where such a person is aged over 18 years.

 

(3)    

By 31 March 2015 the Secretary of State shall prepare and lay before each House

 

of Parliament a report setting out the progress made by that date towards fulfilling

 

the objective set out in subsection (1) above.’.

 

 
 

Notices of Amendments: 6 March 2014                     

1761

 

Care Bill, continued

 
 

Corporate responsibility for neglect

 

Nick Smith

 

Liz Kendall

 

Paul Burstow

 

NC27

 

Parliamentary Star    

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 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 two years, or to a fine, the range of which

 

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

 

 

Review of protections for persons in the health and social care sector making disclosures

 

in the public interest

 

Charlotte Leslie

 

Mr David Davis

 

Sir Peter Bottomley

 

Nigel Mills

 

Andrew Bridgen

 

Rosie Cooper

 

Katy Clark

 

Neil Parish

 

Chris Kelly

 

Craig Whittaker

 

Mark Durkan

 

Mr Philip Hollobone

 

Rebecca Harris

 

Jeremy Lefroy

 

NC28

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

Within six months of this Act receiving Royal Assent, the Secretary of State must

 

make arrangements for an independent review of—

 

(a)    

the adequacy and effectiveness of provisions for the protection of persons

 

employed within the health and social care sector who make disclosures

 

in the public interest (whistleblowers) about matters of concern to their

 

employer, a prescribed person or body or another person or body;

 

(b)    

the treatment and experience of past whistleblowers; and

 

(c)    

the need and opportunities to improve existing protections.

 
 

Notices of Amendments: 6 March 2014                     

1762

 

Care Bill, continued

 
 

(2)    

The review shall take account of—

 

(a)    

the efficacy of existing legal provisions, policies, procedures and

 

practices for the protection of whistleblowing and whistleblowers and

 

access to redress for whistleblowers who suffer adversely consequent

 

upon their disclosures;

 

(b)    

the available evidence on—

 

(i)    

the impact of whistleblowing on changes in health and social

 

care standards; and

 

(ii)    

the treatment of whistleblowers

 

    

over the last 20 years; and

 

(c)    

other matters as required by the Secretary of State.

 

(3)    

The Secretary of State shall arrange for a report with recommendations (or an

 

interim report as may be required) from this review to be prepared and laid before

 

each House of Parliament within 12 months of the review commencing.’.

 

 

Duty to minimise harm

 

Charlotte Leslie

 

Sir Peter Bottomley

 

Andrew Bridgen

 

Rosie Cooper

 

Katy Clark

 

Neil Parish

 

Chris Kelly

 

Craig Whittaker

 

Mark Durkan

 

Mr Philip Hollobone

 

Rebecca Harris

 

Jeremy Lefroy

 

NC29

 

Parliamentary Star    

To move the following Clause:—

 

‘In section 20 of the Health and Social Care Act 2008 (regulation of regulated

 

activities), after subsection (2)(b) insert—

 

“(2)    

 

(c)    

ensuring that the likelihood of harm befalling persons in respect

 

of whom a regulated activity is taking place is reduced as far as

 

possible.”.’.

 

 
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