House of Commons Public Bill Committee Proceedings

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 10 March 2014
552

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

Not called  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

Barbara Keeley

Not called  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.

Report Stage Proceedings: 10 March 2014
553

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

Not called  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

Negatived on division  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.’.

Report Stage Proceedings: 10 March 2014
554

Care Bill, continued

Local authorities: duties with respect to young carers

Liz Kendall

Mr Jamie Reed

Barbara Keeley

Jim Shannon

Grahame M. Morris

Not called  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

Not called  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.’.

Report Stage Proceedings: 10 March 2014
555

Care Bill, continued

Duty for Financial Services Consumer Panel

Liz Kendall

Mr Jamie Reed

Grahame M. Morris

Not called  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

Not called  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.’.

Public awareness

Liz Kendall

Mr Jamie Reed

Grahame M. Morris

Not called  NC24

To move the following Clause:—

Report Stage Proceedings: 10 March 2014
556

Care Bill, continued

‘(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

Not called  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.’.

Register of persons who provide regulated social care

John McDonnell

Jeremy Corbyn

Kelvin Hopkins

Not called  NC31

To move the following Clause:—

‘(1)
Health Education England must make arrangements for the compilation,

publication and maintenance of a register of persons as set out in section

[Provision of certain care and support services to be public functions] who

provide regulated social care for an individual under arrangements paid for by a

public authority that have undertaken education and training in accordance with

the duty set out in section 95.

Report Stage Proceedings: 10 March 2014
557

Care Bill, continued

(2)
This duty may be delegated by HEE to Local Education and Training Boards

established under section 101.’.

Funding and remuneration of home care workers

Andrew George

Not called  NC32

To move the following Clause:—

‘(1)
The Secretary of State shall establish an independent review of the funding and

remuneration of home care workers with a view to a report making

recommendations regarding—

(a)
hourly salary,

(b)
remuneration of travel time,

(c)
remuneration of travel costs,

(d)
minimum time required properly to fulfil each of the care tasks and duties

to be performed,

(e)
establishment of an efficient means of recording arrival and departure

times at residential settings, and

(f)
the charging basis of the agency employing the care worker with a view

to ensuring that all the costs of providing for (a) to (e) above are

adequately met.

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

subsection (1) before each House of Parliament.’.

John McDonnell

Not called  26

Clause  1,  page  2,  line  5,  at end insert—

‘(j)
the right to living independently and being included in the

community.’.

John McDonnell

Jeremy Corbyn

Not called  21

Clause  5,  page  6,  line  2,  leave out from ‘must’ to end of line 4, and insert—

‘(a)
have regard to the need to ensure that sufficient services are available for

meeting the needs for care and support of adults in its area and the needs

for support of carers in its area; and

(b)
ensure that the fee levels provided to independent providers for the

delivery of care and support services are derived from a national formula

which determines the accurate cost of care in each local authority area,

Report Stage Proceedings: 10 March 2014
558

Care Bill, continued

the result of which will mean that the provisions of paragraphs (2)(b), (d),

(e) and (f) can be delivered effectively.’.

John McDonnell

Jeremy Corbyn

Not called  20

Clause  12,  page  11,  line  31,  at end insert—

‘(aa)
require the local authority, when carrying out the assessment, to capture

an individual’s main and other disabling conditions.’.

Secretary Jeremy Hunt

Agreed to  1

Clause  17,  page  16,  line  40,  leave out ‘will not’ and insert ‘is not permitted to, or

may (but need not),’.

Secretary Jeremy Hunt

Agreed to  2

Clause  17,  page  17,  line  4,  leave out ‘will not’ and insert ‘is not permitted to, or

may (but need not),’.

Mrs Emma Lewell-Buck

Not called  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

Agreed to  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.’.



© Parliamentary copyright	Revised 11 March 2014