Care Bill [HL]

Page 4, line 12, leave out “and maintain” and insert “maintain and facilitate access
to”

Page 4, line 34, leave out “those for whom it is being provided” and insert “those
who would benefit from receiving it”

Page 5, line 22, at end insert—

“( )   Regulations made under this section shall clarify that visits to deliver
personal care in an adult’s home should not normally be commissioned to
last less than thirty minutes, excluding travel time.”

Insert the following new Clause—

“Appealing decisions taken by the local authority

(1)   The local authority must have in place a procedure, which includes a
review element that is independent of the local authority, by which adults
or carers can appeal a decision made by the local authority about—

(a)   whether an adult or carer’s needs meet eligibility criteria under
section 13,

(b)   whether to charge for meeting needs under section 14,

(c)   the result of a financial assessment under section 17,

(d)   the content of a care and support plan or support plan under section
25,

(e)   the amount of a personal budget made under section 26 or
independent personal budget made under section 28,

(f)   the payment of an “additional cost” under section 30.

(2)   Regulations may make further provision about any aspect of the appeals
procedure mentioned in subsection (1).

(3)   Wherever a decision has been made of a type referred to in subsection (1),
the local authority must make the adult or carer aware of their right to
appeal the decision and how to request details of the appeals procedure.
Details of the procedure must be made available on request.”

Insert the following new Clause—

“Appeals on care and support decisions

  The Secretary of State shall make regulations setting out a system for
appeal or review of decisions made about their care and support, on a
question of fact or law, including where a local authority—

(a)   makes a decision under section 13(1) that some or all of an adults
needs meet the eligibility criteria, or none of their needs meet the
eligibility criteria,

(b)   exercises its power to charge for meeting needs under section 14,

(c)   completes a financial assessment under section 17,

(d)   makes a determination under section 18 or 19 that it must or may
provide services to meet the adults care and support needs,

(e)   makes a determination under section 20 that it must or may provide
services to meet a carer’s needs for support,

(f)   makes any other decisions about an individual’s care and support
as shall be prescribed.”