Care Bill [HL]

Amendments
to be moved
in committee

[Supplementary to the Third Marshalled List]

Clause 80

BARONESS GREENGROSS

 

Page 68, line 7, at end insert—

“(c)   describing the manner in which it expects a registered
service providers or local authority to handle complaints
and concerns”

 

Page 68, line 15, at end insert—

“( )   Indicators the Commission devises for the purposes of subsection
(5) may in particular include indicators of the quality of services
provided for the identification and treatment of incontinence.”

Clause 1

BARONESS GREENGROSS

 

Page 2, line 7, after “support” insert “or need for health provision and the
importance of reducing needs of either kind that already exist,”

Clause 2

BARONESS GREENGROSS

 

Page 2, line 36, at end insert “and health provision”

 

Page 2, line 39, after “support” insert “and health provision”

 

Page 2, line 40, at end insert—

“(e)   otherwise prevent or delay deterioration in the well-being of adults
in its area”

 

Page 3, line 2, at end insert—

“(d)   the steps it could take to improve and enhance the provision of
services, facilities or resources in its area”

 

Page 3, line 2, at end insert—

“(e)   clinical guidelines and quality standards produced by the National
Institute for Health and Clinical Excellence”

Clause 4

BARONESS MEACHER

BARONESS GREENGROSS

 

Page 4, line 9, leave out “and maintain” and insert “, maintain and facilitate access
to”

BARONESS GREENGROSS

 

Page 4, line 23, at end insert—

“( )   The local authority must produce, or arrange for the production of, packs
of information relevant to the needs of individuals with specific medical
conditions and ensure these packs are provided to individuals following
the diagnosis of a specific condition.”

BARONESS MEACHER

 

Page 4, line 24, at end insert—

“( )   The local authority must produce, or arrange for the production of, packs
of information relevant to the needs of individuals with specific medical
conditions and ensure these packs are provided to individuals following
the diagnosis of a specific condition.”

BARONESS BROWNING

 

Page 4, line 38, at end insert—

“(6)   Regulations must make further provision in relation to information and
advice; and in particular in order to ensure that information and advice are
proportionate to the needs of those for whom it is provided, a local
authority must require social work-qualified staff to provide information
and advice in cases where present or foreseeable needs are classified as
complex.”

Clause 5

BARONESS GREENGROSS

 

Page 5, line 19, at end insert—

“(f)   the importance of ensuring that the tariff price rates for care
provision reflect the actual cost of care”

 

Page 5, line 19, at end insert—

“(g)   the need to appoint an independent adjudicator to settle disputes
between the local authority and care providers over the tariff price
rate of care”

 

Page 5, line 19, at end insert—

“( )   the need to adhere to specific minimum quality standards and
requirements in the commissioning and provision of services to
adults, as regulations may prescribe”

 

Page 5, line 19, at end insert—

“( )   Regulations made under this section may not normally specify that visits
to deliver personal care in an adult’s home last a specified time shorter than
the time taken to deliver the care required.”

Clause 9

BARONESS GREENGROSS

 

Page 8, line 9, at end insert—

  “if the needs can be prevented from getting worse and how the needs may
be reduced”

Clause 10

BARONESS PITKEATHLEY

 

Page 9, line 37, at end insert—

“(11)   Where an adult is being assessed for NHS Continuing Care and this is to be
provided in whole or in part in the community, and that person has a carer
who is providing or about to provide care, the local authority must ensure
that a carer’s assessment under this section and section 12 is carried out of
the carer’s ability to provide or continue to provide care.”

After Clause 10

BARONESS BROWNING

 

Insert the following new Clause—

“Duty to provide independent advocacy

(1)   A local authority has a duty to provide an independent advocate to assist
any qualifying adult under this Act for the purposes of assessment,
supporting planning or review processes or both.

(2)   An adult is a qualifying adult if—

(a)   the adult’s needs for care and support are being assessed under
section 9 or a care and support plan is being prepared for the adult
under section 25 or a review of the adult’s needs is conducted under
section 27, and

(b)   the local authority considers that without the assistance of an
advocate the adult will experience substantial difficulty in relation
to one or more of the following—

(i)   understanding, retaining, using or weighing the
information relevant to the process of assessment, care and
support planning or review,

(ii)   expressing or communicating their own views or wishes
and feelings, or

(c)   the adult is an individual to whom section 11(2)(a) or (b) of this Act
applies, or

(d)   the adult is a carer for whom the local authority is undertaking a
carers assessment in accordance with section 10(1) and the local
authority considers that without the assistance of an advocate the
carer will experience substantial difficulty in relation to one or more
of the following—

(i)   understanding, retaining, using or weighing the
information relevant to the process of assessment, support
planning or review,

(ii)   expressing or communicating their own views or wishes
and feelings.

(3)   Regulations may be made as to—

(a)   the appointment of advocates,

(b)   the skills or qualifications of advocates,

(c)   the duties of advocates,

(d)   the right of access for advocates to the adult,

(e)   the duty to take account of representations by the advocate on
behalf of the adult,

(f)   the right of access for advocates to the adult’s relevant personal
data including records held by local authorities and health
authorities, and

(g)   additional circumstances in which an advocate must be provided.”

Clause 12

BARONESS BROWNING

 

Page 10, line 43, at end insert—

“(h)   specify circumstances in which a person’s social care needs are to
be regarded as complex and stipulate that social work-qualified
staff should always be used in the assessment of complex needs as
defined.”

Clause 14

BARONESS PITKEATHLEY

 

Page 13, line 7, at end insert—

“(8)   Where an assessment is carried out under subsection 10, the NHS must
meet the carer’s assessed needs for support which meet the eligibility
criteria free of charge.”

Clause 25

LORD DUBS

 

Page 21, line 19, at end insert—

“(g)   specifies what should happen in the event of an emergency or if
needs change”

 

Page 21, line 19, at end insert—

“(h)   specifies an anticipated review date, agreed between—

(i)   the adult for whom it is being prepared;

(ii)   any carer that the adult has; and

(iii)   any person whom the adult asks the authority to involve or,
where the adult lacks capacity to ask the authority to do”

Clause 28

BARONESS GREENGROSS

 

Page 24, line 26, at end insert—

“(8)   But the local authority may not rely on subsection (7) (and so must carry
out a needs assessment) if the adult lacks capacity to refuse the assessment
and the authority is satisfied that carrying out the assessment would be in
the adult’s best interests.”

Clause 69

EARL HOWE

 

Page 57, line 7, at end insert—

“( )   In its application to an adult who is residing in any other premises because
a requirement to do so has been imposed on the adult as a condition of the
grant of bail in criminal proceedings, this Part has effect as if references to
being ordinarily resident in an area were references to being resident in
premises in that area for that reason.”

 

Page 57, line 28, at end insert—

“(6A)    An SAB’s objective under section 42(2) does not include helping and
protecting adults who are detained in prison or residing in approved
premises; but an SAB may nonetheless provide advice or assistance to any
person for the purpose of helping and protecting such adults in its area in
cases of the kind described in section 41(1) (adults with needs for care and
support who are at risk of abuse or neglect).”

 

Page 57, line 28, at end insert—

“(6B)    Section 43 (safeguarding adults reviews) does not apply to any case
involving an adult in so far as the case relates to any period during which
the adult was—

(a)   detained in prison, or

(b)   residing in approved premises.”

 

Page 57, line 31, leave out from second “officer” to end of line 34

 

Page 57, line 39, leave out “references” and insert “reference”

 

Page 57, line 40, leave out “include” and insert “includes”

 

Page 57, line 44, leave out “references” and insert “reference”

 

Page 57, line 45, leave out “include” and insert “includes”

 

Page 58, line 2, at end insert—

“( )   “Bail in criminal proceedings” has the meaning given in section 1 of the Bail
Act 1976.”

 

Page 58, line 4, leave out paragraphs (a) and (b)

 

Page 58, line 11, after first “is” insert “temporarily”

 

Page 58, line 13, after first “is” insert “temporarily”

 

Page 58, line 14, at end insert—

“( )   a person who is temporarily absent from other premises in which
the person is required to reside as a condition of the grant of bail in
criminal proceedings is to be treated as residing in the premises for
the period of absence”

Prepared 28th June 2013