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Consideration of Bill: 10 March 2014                  

1793

 

Care Bill, continued

 
 

Mrs Emma Lewell-Buck

 

31

 

Clause  24,  page  22,  line  39,  at end insert—

 

‘(3A)    

The Secretary of State shall, after suitable consultation, establish by regulation a

 

specified timeframe for the conclusion of the steps required of local authorities

 

by virtue of this section.’.

 

 

Secretary Jeremy Hunt

 

3

 

Clause  26,  page  25,  line  5,  at end insert—

 

‘(4)    

Regulations may make provision for excluding costs to a local authority from a

 

personal budget if the costs are incurred in meeting needs for which the

 

authority—

 

(a)    

does not make a charge, or

 

(b)    

is not permitted to make a charge.’.

 

 

Mrs Emma Lewell-Buck

 

32

 

Clause  27,  page  25,  line  8,  leave out ‘keep under review generally’ and insert

 

‘review regularly’.

 

Mrs Emma Lewell-Buck

 

33

 

Clause  27,  page  25,  line  42,  at end insert—

 

‘(5A)    

The Secretary of State shall, after suitable consultation, establish by regulation

 

appropriate arrangements and timetable for the regular review of care and support

 

plans and of support plans by local authorities provided for in subsection (a).’.

 

 

Secretary Jeremy Hunt

 

4

 

Clause  34,  page  31,  line  5,  after ‘amount’ insert ‘or loan’.

 

Secretary Jeremy Hunt

 

5

 

Clause  34,  page  31,  line  7,  after ‘amount’ insert ‘or loan’.

 

 

Mr Robert Buckland

 

27

 

Clause  42,  page  38,  line  24,  at end insert—

 

‘(2A)    

There are different types of abuse, as defined in guidance.’.

 
 

Consideration of Bill: 10 March 2014                  

1794

 

Care Bill, continued

 
 

Mr Robert Buckland

 

28

 

Clause  42,  page  38,  line  29,  at end add—

 

‘(4)    

A relevant partner, as defined in section 6(7) has a duty, where it has reasonable

 

cause to suspect a person is an adult at risk of abuse or neglect, and the adult

 

appears to be within the local authority’s area, to inform the local authority of that

 

fact.’.

 

 

Secretary Jeremy Hunt

 

6

 

Clause  72,  page  64,  line  31,  at end insert—

 

‘(k)    

investigations into things done or not done by a person or body with

 

power to consider an appeal.’.

 

 

John McDonnell

 

Jeremy Corbyn

 

22

 

Clause  76,  page  69,  line  33,  after ‘adults’, insert ‘and children’.

 

John McDonnell

 

Jeremy Corbyn

 

23

 

Clause  76,  page  69,  line  37,  after ‘adults’, insert ‘and children’.

 

John McDonnell

 

Jeremy Corbyn

 

24

 

Clause  76,  page  69,  line  42,  after ‘adults’, insert ‘and children’.

 

John McDonnell

 

Jeremy Corbyn

 

25

 

Clause  76,  page  69,  line  44,  after ‘adults’, insert ‘or child’.

 

 

Secretary Jeremy Hunt

 

7

 

Clause  78,  page  70,  line  27,  leave out paragraph (d).

 

 
 

Consideration of Bill: 10 March 2014                  

1795

 

Care Bill, continued

 
 

NEW CLAUSES AND NEW SCHEDULES RELATING TO PART 2, AMENDMENTS TO PART 2

 

CQC thematic review of local authority commissioning practices

 

Paul Burstow

 

Andrew George

 

NC8

 

To move the following Clause:—

 

‘(1)    

The Secretary of State shall require the Care Quality Commission to conduct a

 

special review and investigation under section 48 of the Health and Social Care

 

Act 2008 into the impact of local authority commissioning and procurement

 

practices on the quality and sustainability of adult social care.

 

(2)    

The review shall examine the—

 

(a)    

implementation and operation of sector-led improvement;

 

(b)    

transparency of decision-making in determining rates for care and

 

support services including the setting of arbitrary ceilings on the amounts

 

local authorities will pay for care and support services and the suse of

 

time and task-orientated contract specifications;

 

(c)    

impact of procurement action on the diversity and quality of care and

 

support services;

 

(d)    

transparency and fitnees for purpose of resource allocation and similar

 

methodologies for determining the level of personal budgets and direct

 

payments;

 

(e)    

type and quality of engagement by local authorities with provider

 

organisations, service users and carers, prior to procurement action; and

 

(f)    

ability of provider organisations to meet their statutory obligations, in

 

particular paying employees at or above the national minimum wage.

 

(3)    

The Review will report and make recommendations to the Secretary of State

 

within twelve months of Commencement of Part 1 of this Act.’.

 

 

Exercise of functions

 

Paul Burstow

 

Andrew George

 

NC10

 

To move the following Clause:—

 

‘When exercising functions under section 31 (Urgent procedure for suspension,

 

variation etc.) of the Health and Social Care Act 2008, the Care Quality

 

Commission may not take account of its functions under section 83 (Trust special

 

administration: appointment of administrator) of this Act.’.

 

 
 

Consideration of Bill: 10 March 2014                  

1796

 

Care Bill, continued

 
 

CQC duty to support integration of social and health care

 

Paul Burstow

 

Andrew George

 

NC12

 

To move the following Clause:—

 

‘In exercising the functions and duties set out in section 90 (Performance

 

ratings), the Commission must act always to require, enable and encourage the

 

provision of health services in ways that support and facilitate the functions and

 

duties of—

 

(a)    

local authorities set out in section 3 (Promoting integration of care and

 

support with health services etc.) of this Act,

 

(b)    

the NHS Commissioning Board set out in section 23(1) 13N (The NHS

 

Commissioning Board: further provision) of the Health and Social Care

 

Act 2012, and

 

(c)    

clinical commissioning groups set out in section 26 (14Z1) (Clinical

 

commissioning groups: general duties etc.) of the Health and Social Care

 

Act 2012

 

where it considers that this—

 

(i)    

improve the quality of those services (including the outcomes

 

that are achieved from their provison),

 

(ii)    

reduce inequalities between persons with respect to their ability

 

to access those services, or

 

(iii)    

reduce inequalities between persons with respect to the outcomes

 

achieved for them by the provision of those services.’.

 

 

Corporate responsibility for neglect

 

Nick Smith

 

Liz Kendall

 

Paul Burstow

 

NC27

 

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.

 
 

Consideration of Bill: 10 March 2014                  

1797

 

Care Bill, continued

 
 

(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

 

Sarah Wollaston

 

Tim Loughton

 

Nick de Bois

 

NC28

 

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.

 

(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.’.

 

 
 

Consideration of Bill: 10 March 2014                  

1798

 

Care Bill, continued

 
 

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

 

Tim Loughton

 

Nick de Bois

 

NC29

 

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.”.’.

 

 

Mandatory incident reporting and patient safety management systems

 

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

 

Tim Loughton

 

Nick de Bois

 

NC30

 

To move the following Clause:—

 

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

 

activities), after subsection (3)(k) insert—

 

“(3)    

 

(l)    

impose requirements as to the reporting by all providers of

 

regulated activities to the affected persons or their representative

 

and family of incidents occurring in the carrying out of such

 

activities which lead to the—

 

(i)    

death;

 

(ii)    

unexpected deterioration of condition; and

 

(iii)    

introduction of a new adverse condition

 

    

in respect of the person, regardless of the severity of the new

 

condition and the short and long term impact on the person;

 
 

Consideration of Bill: 10 March 2014                  

1799

 

Care Bill, continued

 
 

(m)    

impose a requirement for the preparation and publication by all

 

providers of regulated services of a safety management system

 

plan.”.’.

 

 

Candour Commissioner

 

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

 

Tim Loughton

 

Nick de Bois

 

NC33

 

To move the following Clause:—

 

‘(1)    

The Secretary of State shall establish an Office of the Care Commissioner for

 

Candour and Disclosures in the Public Interest (the “Candour Commissioner’s

 

Office”).

 

(2)    

The Candour Commissioner shall have duties to—

 

(a)    

protect and promote a culture of candour and disclosure in the public

 

interest in the health and care services sector,

 

(b)    

provide or arrange confidential advice and support for persons working

 

in the health and social care sector considering making a disclosure in the

 

public interest,

 

(c)    

provide or arrange advice and support for persons in the sector who have

 

made such a disclosure, and

 

(d)    

monitor the treatment, employment and re-employment of persons

 

mentioned in paragraph (c) within the sector.

 

(3)    

The Commissioner shall report to the Secretary of State, with

 

recommendations—

 

(a)    

on any issue within the Commissioner’s remit as she/he sees fit,

 

(b)    

making an assessment of the extent to which persons and bodies within

 

the sector are protecting and promoting a culture of candour, with

 

particular reference to the treatment, employment and re-employment

 

within the sector of persons who have previously made a disclosure in the

 

public interest.

 

(4)    

The Secretary of State shall lay a copy of the Commissioner’s annual report

 

before each House of Parliament accompanied by an explanatory statement

 

setting out the steps that the Government plan to take to remediate any

 

shortcomings identified by the Commissioner.’.

 

 
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Revised 10 March 2014