Care Bill [HL]

Amendments
to be moved
in committee

[Supplementary to the Sixth Marshalled List]

Clause 30

LORD HUNT OF KINGS HEATH

BARONESS WHEELER

LORD BEECHAM

92ZZRAA*

Page 25, line 16, leave out “particular accommodation of that type” and insert “—

(i)   particular accommodation of that type;

(ii)   accommodation of the specified type in a particular
location; or

(iii)   particular accommodation of that type in particular
locations,”

92ZZRAB*

Page 25, line 19, at end insert—

“( )   “Location” includes a particular location in either the local authority’s area
or in the area of another local authority.”

Clause 33

LORD HUNT OF KINGS HEATH

BARONESS WHEELER

LORD BEECHAM

92ZZSB*

Page 27, line 34, at end insert—

“( )   There shall be no restriction in terms of type of provider placed on the
services which can be purchased by direct payments.”

Clause 36

LORD HUNT OF KINGS HEATH

BARONESS WHEELER

LORD BEECHAM

92ZZADA*

Page 31, line 44, at end insert—

“( )   Where the cost to the second authority of meeting the carer’s eligible needs
is different from the cost to the first authority of doing so, the second
authority must provide a written explanation of the difference to—

(a)   the carer;

(b)   the adult needing care;

(c)   any other person to whom the carer asks the authority to provide
an explanation.”

After Clause 41

BARONESS GREENGROSS

92ZFC*

Insert the following new Clause—

“Adult safeguarding access order: power of access

(1)   An authorised officer may apply to a justice of the peace for an order (an
adult safeguarding access order) in relation to a person living in any
premises within a local authority’s area.

(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 41(2) on what, if any, action should be taken.

(3)   When 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 justice of the peace may make an adult safeguarding access order if
satisfied that—

(a)   the authorised officer has reasonable cause to suspect that a person
is an adult who is experiencing or at risk of abuse or neglect;

(b)   it is necessary for the authorised officer to gain access to the person
in order to make whatever enquiries it thinks necessary and to
make a decision as required by section 41(2) on what, if any, action
should be taken;

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

(d)   exercising the power of access conferred by the order will not result
in the person being at greater risk of abuse or neglect.

(5)   An adult safeguarding access order must—

(a)   specify the premises to which it relates;

(b)   provide that the authorised officer may be accompanied by a
constable;

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

(6)   Other conditions may be attached to an adult safeguarding access order,
for example—

(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.

(7)   A constable accompanying the authorised officer may use reasonable force
if necessary 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—

(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 how the power of access has been exercised.

(9)   In this section “an authorised officer” means a person authorised by a local
authority for the purposes of this section, but regulations may set
restrictions on the persons or categories of persons who may be
authorised.”

92ZFD*

Insert the following new Clause—

“Duty to report adults at risk of abuse

(1)   If a relevant partner of a local authority has reasonable cause to suspect that
the local authority would be under a duty to make enquiries under section
41, it must inform the local authority of that fact.

(2)   If the person that the relevant partner has reasonable cause to suspect
would be the subject of enquiries under section 41, and appears to be
within the area of a local authority other than the one of which it is a
relevant partner, it must inform that other local authority.

(3)   If a local authority has reasonable cause to suspect that a person within its
area at any time would be the subject of enquiries under section 41 and is
living or proposing to live in the area of another local authority (including
a local authority in Wales, Scotland or Northern Ireland), it must inform
that other local authority.

(4)   In this section “relevant partner”, in relation to a local authority, means—

(a)   the local policing body and the chief officer of police for a police
area any part of which falls within the area of the local authority;

(b)   any other local authority with which the authority agrees that it
would be appropriate to co-operate under this section;

(c)   any provider of probation services that is required by arrangements
under section 3(2) of the Offender Management Act 2007 to act as a
relevant partner of the authority;

(d)   any provider of regulated activities as listed in Schedule 1 to the
Health and Social Care Act 2008 (Regulated Activities) Regulations
2010;

(e)   a Local Health Board for an area any part of which falls within the
area of the authority;

(f)   an NHS trust providing services in the area of the authority;

(g)   such person, or a person of such description, as regulations may
specify.”

92ZFE*

Insert the following new Clause—

“Neglecting or ill-treating an adult at risk of abuse

Any person who wilfully causes or permits an adult to suffer, or inflicts
physical pain or mental suffering upon an adult who has care and support
needs, or having the care or custody of that adult, wilfully causes or
permits the person or health of that adult to be injured, including through
the neglect of their care and support or health needs, or wilfully causes or
permits that person to be placed in a situation that endangers his or her
person or health, is liable—

(a)   on summary conviction, to imprisonment for a term not exceeding
12 months or a fine not exceeding the statutory maximum or both;

(b)   on conviction on indictment, to imprisonment for a term not
exceeding 5 years or a fine or both.”

Schedule 2

BARONESS GREENGROSS

92ZFF*

Page 97, line 11, at end insert—

“(e)   social work-qualified staff from the establishing local authority”

Clause 43

BARONESS GREENGROSS

92ZJ*

Page 36, line 22, at end insert—

“( )   An SAB is required to appoint a social work-qualified individual to
supervise the carrying out of a review as stated.”

After Clause 43

BARONESS GREENGROSS

92ZK*

Insert the following new Clause—

“Duty of candour

(1)   Local authorities must take reasonable steps to create an open and honest
culture that enables employees to report reasonable suspicions of abuse
and neglect of individuals in the care of the local authority or a provider
commissioned by the local authority.

(2)   “Reasonable steps” include—

(a)   ensuring that staff are aware of and trust processes open to them;

(b)   provision of advice about the process;

(c)   review of procedures;

(d)   regular communications to staff about the processes.”

Before Clause 66

LORD WARNER

[In substitution for Amendment 106]

104ZBA*

Insert the following new Clause—

“Initial funding assessment

Before enactment of Part 1, 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 70

LORD LOW OF DALSTON

105NA*

Page 58, line 20, at end insert—

“( )   A local authority must make contact with adults who have recently been
certified sight-impaired or severely sight-impaired and who are ordinarily
resident in its area.

( )   Regulations may specify the period after the issue of a Certificate of Vision
Impairment within which a local authority must make contact with a sight-
impaired or severely sight-impaired adult and the form of such contact.”

Prepared 16th July 2013