Care Bill [HL]

Amendments
to be moved
in committee

[Supplementary to the Marshalled List]

Before Clause 81

LORD WARNER

[In substitution for Amendment 93]

 

Insert the following new Clause—

“Review by the Office for Budget Responsibility

Before enactment of Part 1 or the provisions in section 80 relating to
performance ratings for local authorities, the Secretary of State must ask the
Office for Budget Responsibility to complete by the end of 2014 a review of
the funding of adult social care that assesses—

(a)   the adequacy of current public funding of these services;

(b)   the proposals for funding the provisions in this Act; and

(c)   the implications of the Act and its funding for the NHS over the
next five years.”

Clause 55

LORD PATEL

 

Page 43, leave out lines 20 to 24 and insert—

“(1)   When a child receiving services reaches the age of 14, or a local authority
receives a request from the child, or a parent or carer of the child, to assess
the child’s needs for care and support (whichever is sooner), the authority
must, if the consent condition is met, assess—”

 

Page 43, line 40, at end insert—

“( )   “Child receiving services” means a child—

(a)   for whom, or for whose family or for a member of whose family,
services are being provided under section 17 of the Children Act
1989;

(b)   for whom services are being provided under arrangements made
under section 2 of the Chronically Sick and Disabled Persons Act
1970 (welfare services),

(c)   for whom services are being provided under section 117 of the
Mental Health Act 1983 (after-care services),

(d)   for whom care is being provided under the National Health Service
Act 2006,

(e)   for whom, or for whose family or for a member of whose family,
services are being provided under such enactment as may be
specified in regulations.”

 

Page 44, line 12, at end insert—

“( )   The child’s needs assessment must be completed before the child reaches
the age of 16, or within two years of the commencement of services being
provided to the child, whichever is later.”

After Clause 56

LORD PATEL

 

Insert the following new Clause—

“Transition plans

(1)   When a local authority has completed an assessment under this section and
is satisfied that the child has needs for care and support, is likely to have
needs for care and support after becoming 18, and has determined what
those needs are likely to be, the local authority must, before the child
reaches 16 or within two years of the child beginning to receive services
(whichever is later)—

(a)   secure that a transition plan is prepared for the child or young
person, and

(b)   once a transition plan has been prepared, it must maintain the plan.

(2)   For the purposes of this Part, a transition plan is a plan specifying, for the
proceeding five years of the child or young person’s life—

(a)   any health care and social care provision reasonably required by
him or her;

(b)   the outcomes sought for him or her, including intentions to enter
further or higher education, enter the workplace or move to
independent or assisted living;

(c)   the housing provision required by him or her.

(3)   “Health care provision” means the provision of health care services as part
of the comprehensive health service in England continued under section
1(1) of the National Health Service Act 2006.

(4)   Regulations may make provision about the preparation and content of
transition plans.

(5)   Where a local authority is required to secure that a transition plan is
prepared for a child or young person, it must consult the child’s parent or
the young person about the content of the plan during the preparation of a
draft of the plan.

(6)   The local authority must then send the draft plan to the child or parent or
carer.

(7)   The local authority must send a copy of the finalised transition plan to the
child or parent or carer.

(8)   A transition plan shall be maintained until the young person reaches the
age of 25.

(9)   A local authority in England and its partner commissioning bodies must
make arrangements about the health, care and housing provision to be
secured for children and young people for whom a transition plan is
prepared and maintained.

(10)   Where an education, health and care plan (“EHC plan”) is being prepared
for a child or young person by a local authority under Part 3 of the Children
and Families Act 2013, and a transition plan is already maintained for the
child or young person, the transition plan must become part of the EHC
plan.

(11)   Where an EHC plan is already maintained for a child or young person by
a local authority and a child’s needs assessment is undertaken under
section 55(1), the local authority must ensure that the child or young
person’s EHC plan includes the transition plan as set out under subsection
(2).”

 

Insert the following new Clause—

“Continuity of a transition plan when a child moves

(1)   This section applies where—

(a)   a child’s needs assessment has been carried out by a local authority
(“the first authority”) under section 55(1) and a transition plan
under section (Transition plans) (1) is being maintained;

(b)   the child or parent or carer of the child notifies another local
authority (“the second authority”) (or that authority is notified on
the child’s behalf) that the child intends to move to the area of the
second authority, and

(c)   the second authority is satisfied that the child or parent or carer
intention is genuine.

(2)   The second authority must—

(a)   provide the child or parent or carer with such information as it
considers appropriate, and

(b)   notify the first authority that it is satisfied as mentioned in
subsection (1)(c).

(3)   The first authority, having received the notification under subsection (2)(b),
must provide the second authority with—

(a)   a copy of any transition plan prepared for the child;

(b)   a copy of the most recent child’s needs assessment in the child’s
case; and

(c)   such other information relating to the child as the second authority
may request.

(4)   The second authority must undertake a child’s needs assessment.

(5)   In carrying out an assessment under subsection (4), the second authority
must have regard to the transition plan provided under section (Transition
plans
).

(6)   This Part applies to an assessment under subsection (4) as it applies to a
child’s needs assessment.

(7)   Where the child’s needs identified by a child’s needs assessment under
subsection (6) carried out by the second authority are different from those
specified in the transition plan provided under subsection (3)(a), the
second authority must provide a written explanation of the difference to—

(a)   the child,

(b)   the parent,

(c)   the carer, and

(d)   any other person to whom the child asks the authority to provide
the explanation.

(8)   Regulations may specify steps which a local authority must take for the
purpose of being satisfied as mentioned in subsection (1)(c).

(9)   In this section—

(a)   a reference to moving to an area is a reference to moving to that area
with a view to becoming ordinarily resident there, and

(b)   a reference to remaining in an area is a reference to remaining
ordinarily resident there.”

 

Insert the following new Clause—

“Case where assessments not complete on day of move

(1)   If, on the day of the intended move as mentioned in section (Continuity of a
transition plan when a child moves
) (1)(b), the second authority has yet to
carry out the assessment under section (Continuity of a transition plan when
a child moves
) (4), or has done so but has yet to take the other steps required
under this Part in the child’s case, it must maintain the transition plan
which the first authority has been maintaining.

(2)   The second authority must—

(a)   provide the child or parent or carer with such information as it
considers appropriate, and

(b)   notify the first authority that it is satisfied as mentioned in section
(Continuity of a transition plan when a child moves) (1)(c).

(3)   The first authority is not required to maintain the child’s transition plan for
so long as the second authority is subject to the duty under subsection (1).

(4)   Where, having complied with the duty under subsection (1), the second
authority is not required to maintain the child’s transition plan under
section (Transition plans) because the child is still ordinarily resident in the
area of the first authority, the second authority may recover from the first
authority the costs it incurs in complying with the duty under
subsection (1).

(5)   Regulations may specify matters to which the second authority must have
regard in deciding how to perform the duty under subsection (1).”

 

Insert the following new Clause—

“Disputes about ordinary residence or continuity of care

(1)   Any dispute about where a child is ordinarily resident for the purposes of
this Part, or any dispute between local authorities under section (Continuity
of a transition plan when a child moves
) about the application of that section,
is to be determined by—

(a)   the Secretary of State, or

(b)   where the Secretary of State appoints a person for that purpose (the
“appointed person”), that person.

(2)   The Secretary of State or appointed person may review a determination
under subsection (1), provided that the review begins within three months
of the date of the determination.

(3)   Having carried out a review under subsection (2), the Secretary of State or
appointed person must—

(a)   confirm the original determination, or

(b)   substitute a different determination.

(4)   Regulations may make further provision about resolution of disputes of the
type mentioned in subsection (1); the regulations may, for example,
include—

(a)   provision for ensuring that care and support is provided to the
child while the dispute is unresolved;

(b)   provision requiring the local authorities in dispute to take specified
steps before referring the dispute to the Secretary of State or (as the
case may be) the appointed person;

(c)   provision about the procedure for referring the dispute to the
Secretary of State or appointed person;

(d)   where a review of a determination has been carried out under
subsection (2) and a different determination substituted, provision
requiring a local authority to take specified steps (including paying
specified amounts) in relation to the period before the
determination was substituted.”

Prepared 5th June 2013