Care Bill [HL]

Page 31, line 39, at end insert “with a view to securing, so far as reasonably
practicable, the outcomes referred to in section 9(4)(b) or 10(5)(d)”

Leave out Clause 38 and insert the following new Clause—

“Arrangements to ensure continuity of provision

(1)   Until the second authority has complied with the conditions set out in
subsection (2), the first authority must—

(a)   continue to meet the adult’s needs for care and support, and the
needs for support of any carer who is continuing as the adult’s
carer, which it has been meeting, and

(b)   where it has been keeping a care account in the adult’s case,
continue to keep that account on the same basis as it has been
keeping it.

(2)   The conditions are that the second authority has—

(a)   carried out the assessment or assessments under section 37(6), and

(b)   taken the other steps required under this Part in the adult’s case.

(3)   The first authority may recover from the second authority the costs it incurs
in complying with the duty under subsection (1).

(4)   Regulations may specify matters to which the first authority must have
regard in performing the duty under subsection (1).”

Page 47, line 5, at beginning insert “When a child receiving services reaches the age
of 14 or”

Page 47, line 7, after “18” insert “(whichever is sooner)”

Page 47, line 40, 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.”

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;

(b)   the outcomes sought for him, 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.

(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 (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
Clause 58(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).”

Page 48, line 38, at beginning insert “When a child receiving services reaches the
age of 14 or”

Page 48, line 40, after “18” insert “(whichever is sooner)”

Page 48, line 43, at end insert—

“( )   The child’s carer’s 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.”

Page 73, line 42, leave out “exercises functions in connection with the provision of”
and insert “provides”

Page 74, line 1, leave out “body (other than a public body) which” and insert
“person who”

Page 74, line 4, at end insert “, or

(c)   a person who provides health services or adult social care in
England all or part of the cost of which is paid for by means of a
direct payment under section 12A of the National Health Service
Act 2006 or under Part 1 of this Act.”

Page 74, line 35, leave out “care provider” and insert “person”

Page 74, line 35, leave out from “liable” to end of line 36 and insert “—

(a)   on summary conviction, to a fine;

(b)   on conviction on indictment, to imprisonment for not more than
two years or a fine (or both).”

Insert the following new Clause—

“Offences by bodies

(1)   Subsection (2) applies where an offence under section 84(1) is committed
by a body corporate and it is proved that the offence is committed by, or
with the consent or connivance of, or is attributable to neglect on the part
of—

(a)   a director, manager or secretary of the body, or

(b)   a person purporting to act in such a capacity.

(2)   The director, manager, secretary or person purporting to act as such (as
well as the body) is guilty of the offence and liable to be proceeded against
and punished accordingly (but section 85(2) does not apply).

(3)   The reference in subsection (2) to a director, manager or secretary of a body
corporate includes a reference—

(a)   to any other similar officer of the body, and

(b)   where the body is a local authority, to a member of the authority.

(4)   Proceedings for an offence under section 84(1) alleged to have been
committed by an unincorporated association are to be brought in the name
of the association (and not in that of any of the members); and rules of court
relating to the service of documents have effect as if the unincorporated
association were a body corporate.

(5)   In proceedings for an offence under section 84(1) brought against an
unincorporated association, section 33 of the Criminal Justice Act 1925 and
Schedule 3 to the Magistrates’ Courts Act 1980 apply as they apply in
relation to a body corporate.

(6)   A fine imposed on an unincorporated association on its conviction for an
offence under section 84(1) is to be paid out of the funds of the association.

(7)   Subsection (8) applies if an offence under section 84(1) is proved—

(a)   to have been committed by, or with the consent or connivance of, an
officer of the association or a member of its governing body, or

(b)   to be attributable to neglect on the part of such an officer or
member.

(8)   The officer or member (as well as the association) is guilty of the offence
and liable to be proceeded against accordingly (but section 85(2) does not
apply).”