House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

1779

House of Commons

Monday 10 March 2014

Consideration of Bill

Care Bill, As Amended

Note

The Amendments have been arranged in accordance with the Care Bill [Lords]

Programme (No. 2) Motion to be proposed by Secretary Jeremy Hunt.

new clauses and new schedules relating to part 1, amendments to part 1

Adult safeguarding access order

Paul Burstow

Andrew George

Dr Sarah Wollaston

John McDonnell

Meg Munn

Andrew George

NC1

To move the following Clause:—

‘(1)
An authorised officer may apply to a circuit judge authorised by the Court of

Protection for an order (an adult safeguarding access order) in relation to a person

living in any premises within a local authority’s area if the authorised officer has

reasonable cause to suspect a third party is preventing access to allow enquiries

to be made under section 42.

(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 42(2) on what, if any, action should be taken.

Consideration of Bill: 10 March 2014
1780

Care Bill, continued

(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 authorised circuit judge may make an adult safeguarding access order if

satisfied that—

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

(Promoting individual wellbeing) in making a decision under subsection

(1);

(b)
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;

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

unable to make decisions freely;

(e)
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 42(2) on what, if any, action should be taken;

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

subsection (2);

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

the person being at greater risk of abuse or neglect; and

(h)
all reasonable and practicable steps have been taken to serve notice of the

intention to apply for an order on—

(i)
the person suspected of being an adult at risk of abuse or neglect;

and

(ii)
any relevant third party who the authorised officer has

reasonable cause to suspect is preventing access to allow

enquiries to be made under section 42 and for the purposes set

out in subsection (2);

(5)
An adult safeguarding access order must—

(a)
only be executed once;

(b)
specify the premises to which it relates;

(c)
provide that the authorised officer shall be accompanied by a constable;

and

(d)
specify the period for which the order is to be in force.

(6)
An adult safeguarding order may attach other conditions, including—

(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;

(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; or

(d)
such other conditions at the authorised circuit judge deems it necessary

to attach.

(7)
A constable accompanying the authorised officer may use reasonable force under

section 117 of the Police and Criminal Evidence Act 1984 if necessary in the

circumstance 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—

Consideration of Bill: 10 March 2014
1781

Care Bill, continued

(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 —

(i)
the decision to apply for an order; and

(ii)
how the order has been exercised.

(9)
In this section “an authorised officer” means a person authorised by a local

authority for the purposes of this section.

(10)
Regulations may set restrictions on the persons or categories of persons who may

be authorised.

(11)
Subsections 2(c) and 4(d) refer to a person under constraint, or subject to coercion

or undue diligence, or for some other reason deprived of the capacity to make the

relevant decision or disabled from making a free choice, or incapacitated or

disabled from giving or expressing a real and genuine consent.’.

Review of the case for establishing a commissioner for older people in England

Paul Burstow

Andrew George

John McDonnell

Mr David Ward

Andrew George

NC2

To move the following Clause:—

‘(1)
The Secretary of State shall establish an independent review of the case for

establishing a statutory office of Commissioner for Older People in England.

(2)
The review will consider the—

(a)
increasing diversity of the older population in England;

(b)
UN Principles for Older Persons in 1991 (UN 1991) and other relevant

developments in international policy on ageing;

(c)
lessons from the establishment of such offices in Wales and Northern

Ireland;

(d)
balance of advocacy, investigatory and enforcement duties and powers to

be granted to the office in statute;

(e)
jurisdiction of the office in relation to other public bodies;

(f)
relationship of the office to Ministers;

(g)
accountability of the office to Parliament;

(h)
appointment of the office holder;

(i)
human and financial resources necessary to support the office; and

(j)
any other matters the Secretary of State sets out in the terms of reference

of the review.

(3)
The review will report and make recommendations to the Prime Minister, Deputy

Prime Minister, Chancellor of the Exchequer and the Secretary of State by

December 2014.’.

Consideration of Bill: 10 March 2014
1782

Care Bill, continued

Duty to identify carers

Paul Burstow

Mr Robert Buckland

Sarah Newton

Andrew George

John McDonnell

Andrew George

Barbara Keeley

NC3

To move the following Clause:—

‘Each NHS body in a local authority’s area, as defined in section 6(8), shall co-

operate with the local authority to ensure that effective procedures exist to

identify patients who are or are about to become carers and make arrangements

for carers to receive appropriate information and advice.’.

Local authority duty to make reasonable charges

Paul Burstow

Andrew George

Dr Sarah Wollaston

John McDonnell

Andrew George

NC4

To move the following Clause:—

‘Where a local authority that meets an individual’s needs under sections 18 to 20

of Part 1 of this Act is satisfied that the individual’s means are insufficient for it

to be reasonably practicable for the individual to pay the amount which would

otherwise be charged, the authority shall not require the individual to pay more

for it than it appears to them that it is reasonably practicable to be paid.’.

Consideration of Bill: 10 March 2014
1783

Care Bill, continued

Portability of care

Sheila Gilmore

Fiona O’Donnell

Nic Dakin

Martin Caton

Mark Lazarowicz

Ann McKechin

Mrs Anne McGuire

John Robertson

Mrs Madeleine Moon

Mrs Emma Lewell-Buck

Yasmin Qureshi

Barbara Keeley

Naomi Long

Andy McDonald

Andrew George

Jim Dobbin

Mr David Blunkett

Tom Greatrex

Sarah Champion

Caroline Lucas

Mark Durkan

Linday Roy

Dame Anne Begg

John McDonnell

Grahame M. Morris

Jenny Chapman

NC5

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.’.

Independent review of future demand for social care and healthcare

Paul Burstow

Bob Blackman

Andrew George

Dr Sarah Wollaston

John McDonnell

Mr David Ward

Andrew George

NC7

To move the following Clause:—

‘(1)
The Secretary of State shall make arrangements for an independent review of, and

report on, the likely demand for adult social care, public health and healthcare

services in England over the next twenty years.

(2)
The objective of the review mentioned in subsection (1) shall be to identify the

key factors determining the financial and other resources required to ensure that

social care and health functions as a cost effective, high quality, equitable,

integrated and sustainable single system which—

(a)
promotes individual well-being (as defined in Part 1 of this Act),

(b)
enables access to be determined on the basis of need, and

(c)
can meet forecast demand.

Consideration of Bill: 10 March 2014
1784

Care Bill, continued

(3)
The arrangements for the conduct of review shall include provision for a fully

integrated modeling and analysis of health and social care including examination

of—

(a)
the technological, demographic and health status trends over the next two

decades that may inform or affect demand for adult social care and health

services;

(b)
the inter-dependencies between adult social care, public health and

healthcare and the appropriate balance between different types of

intervention, in particular between:—

(i)
health and social care,

(ii)
primary and secondary care,

(iii)
physical and mental health, and

(iv)
treatment and prevention; and

(c)
any other matter that the Secretary of State sets out in the review‘s terms

of reference.

(4)
The Secretary of State shall lay before each House of Parliament a copy of an

interim report on emerging themes and trends identified by the first such review

by the end of November 2014 and make arrangements for a consultation process

to be undertaken in relation to those interim findings.

(5)
The Secretary of State shall lay before each House of Parliament a copy of the

final report by the end of July 2015.

(6)
At no more than five year intervals, the Secretary of State shall make

arrangements for the updating of the report of the review mentioned in subsection

(1) with the same objective and approach as mentioned in subsections (2) and (3),

and including such matters as are provided for in paragraph (3)(c), and shall

prepare and lay before each House of Parliament a report on the outcomes.

(7)
The Secretary of State shall prepare and lay before each House of Parliament, as

appropriate, a statement on the extent to which the reports mentioned in

subsections (1) and (6) inform the Government‘s wider fiscal and economic

strategy and decisions in each public spending review.’.

Reporting on the funding for new costs arising from the Care Act

Paul Burstow

Dr Julian Huppert

Bob Blackman

Andrew George

Dr Sarah Wollaston

Liz Kendall

Mr Jamie Reed

John McDonnell

Mr David Ward

Grahame M. Morris

Andrew George

Hazel Blears

Barbara Keeley

NC9

To move the following Clause:—

‘(1)
The Joint Care and Support Reform Programme Board must inform the Secretary

of State by an annual written report that it is satisfied whether sufficient funding

is in place to ensure that social care is adequately funded and that the provisions

in the Act can be implemented satisfactorily.

Consideration of Bill: 10 March 2014
1785

Care Bill, continued

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

the board of that name consisting of representatives of (but not limited to): the

Local Government Association, the Association of Directors of Adult Social

Services and the Department of Health.

(3)
The report mentioned in subsection (1) should include a statement of the

satisfaction of the Joint Care and Support Reform Programme Board with (but not

limited to)—

(a)
adequacy of the funding of the provisions in this Act,

(b)
on-going costs of implementation,

(c)
an additional five yearly review of the short and medium term cost of

setting the eligibility criteria at the level set out in regulations.’.

Provision of certain care and support services to be public function

Paul Burstow

Liz Kendall

Andrew George

Grahame M. Morris

NC11

To move the following Clause:—

‘(1)
A person (“P”) who provides regulated social care for an individual under

arrangements made with P by a public authority, or paid for by a public authority,

is to be taken for the purposes of subsection (3)(b) of section 6 of the Human

Rights Act 1998 (acts of public authorities) to be exercising a function of a public

nature in doing so.

(2)
This section applies to persons providing services regulated by the Care Quality

Commission.

(3)
In this section “social care” has the same meaning as in the Health and Social

Care Act 2008.’.

Deferred payment data

Paul Burstow

Andrew George

Andrew George

NC13

To move the following Clause:—

‘The Health and Social Care Information Centre shall make arrangements to

collect and publish data including, but not limited to—

(a)
the number of individuals entering into a deferred payment arrangement,

(b)
the proportion of those individuals who received—

(i)
regulated financial advice,

(ii)
other forms of advice, and

(iii)
no advice



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