Care Bill [HL]

House of Lords

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Care Bill [HL]

Care Bill [HL]
Part 1 — Care and support
35

(b)
where the first authority has been keeping a care account in the adult’s
case, itself keep that account on the same basis as the first authority has
been keeping it.
(2)
The second authority is subject to the duty under subsection (1) until it has—
(a)
carried out the assessment or assessments under section 37(6), and
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(b)
taken the other steps required under this Part in the adult’s case.
(3)
In deciding how to meet the adult’s needs for care and support under
subsection (1), the second authority must involve—
(a)
the adult,
(b)
any carer who is continuing as the adult’s carer, and
10
(c)
any person whom the adult asks the authority to involve or, where the
adult lacks capacity to ask the authority to do that, any person who
appears to the authority to be interested in the adult’s welfare.
(4)
In deciding how to meet the needs for support of any carer who is continuing
as the adult’s carer, the second authority must involve—
15
(a)
the carer,
(b)
the adult needing care, if the carer asks the authority to do so, and
(c)
any other person whom the carer asks the authority to involve.
(5)
In performing the duty under subsection (3)(a) or (4)(a), the second authority
must take all reasonable steps to reach agreement with the adult or carer about
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how it should meet the needs in question.
(6)
The first authority is not required to meet the adult’s needs for care and
support or, if the adult has a carer, such needs for support as the carer has, for
so long as the second authority is subject to the duty under subsection (1).
(7)
Where, having complied with the duty under subsection (1), the second
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authority is not required to meet the adult’s needs for care and support under
section 18 because the adult 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).
(8)
Regulations may specify matters to which the second authority must have
30
regard in deciding how to perform the duty under subsection (1).
Establishing where a person lives, etc.
39
Where a person’s ordinary residence is
(1)
Where an adult has needs for care and support which can be met only if the
adult is living in accommodation of a type specified in regulations, and the
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adult is living in accommodation in England of a type so specified, the adult is
to be treated for the purposes of this Part as ordinarily resident—
(a)
in the area in which the adult was ordinarily resident immediately
before the adult began to live in accommodation of a type specified in
the regulations, or
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(b)
if the adult was of no settled residence immediately before the adult
began to live in accommodation of a type so specified, in the area in
which the adult was present at that time.

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Part 1 — Care and support
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(2)
Where, before beginning to live in his or her current accommodation, the adult
was living in accommodation of a type so specified (whether or not of the same
type as the current accommodation), the reference in subsection (1)(a) to when
the adult began to live in accommodation of a type so specified is a reference
to the beginning of the period during which the adult has been living in
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accommodation of one or more of the specified types for consecutive periods.
(3)
The regulations may make provision for determining for the purposes of
subsection (1) whether an adult has needs for care and support which can be
met only if the adult is living in accommodation of a type specified in the
regulations.
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(4)
An adult who is being provided with accommodation under section 117 of the
Mental Health Act 1983 (after-care) is to be treated for the purposes of this Part
as ordinarily resident in the area of the local authority in England or the local
authority in Wales on which the duty to provide the adult with services under
that section is imposed; and for that purpose—
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(a)
“local authority in England” means a local authority for the purposes of
this Part, and
(b)
“local authority in Wales” means a local authority for the purposes of
the Social Services and Well-being (Wales) Act 2013.
(5)
An adult who is being provided with NHS accommodation is to be treated for
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the purposes of this Part as ordinarily resident—
(a)
in the area in which the adult was ordinarily resident immediately
before the accommodation was provided, or
(b)
if the adult was of no settled residence immediately before the
accommodation was provided, in the area in which the adult was
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present at that time.
(6)
“NHS accommodation” means accommodation under—
(a)
the National Health Service Act 2006,
(b)
the National Health Service (Wales) Act 2006,
(c)
the National Health Service (Scotland) Act 1978, or
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(d)
Article 5(1) of the Health and Personal Social Services (Northern
Ireland) Order 1972.
(7)
The reference in subsection (1) to this Part does not include a reference to
section 28 (independent personal budget).
(8)
Schedule 1 (which makes provision about cross-border placements to and from
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Wales, Scotland or Northern Ireland) has effect.
40
Disputes about ordinary residence or continuity of care
(1)
Any dispute about where an adult is ordinarily resident for the purposes of this
Part, or any dispute between local authorities under section 37 about the
application of that section, is to be determined by—
40
(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 3 months of the date of
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the determination.

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Part 1 — Care and support
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(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
5
type mentioned in subsection (1); the regulations may, for example, include—
(a)
provision for ensuring that care and support is provided to the adult
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
10
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
15
requiring a local authority to take specified steps (including paying
specified amounts) in relation to the period before the determination
was substituted.
41
Financial adjustments between local authorities
(1)
This section applies where—
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(a)
a local authority has been meeting an adult’s needs for care and
support, but
(b)
it transpires (whether following the determination of a dispute under
section 40 or otherwise) that the adult was, for some or all of the time
that the authority has been meeting the adult’s needs, ordinarily
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resident in the area of another local authority.
(2)
This section also applies where—
(a)
a local authority has been meeting a carer’s needs for support, but
(b)
it transpires (whether following the determination of a dispute under
section 40 or otherwise) that the adult needing care was, for some or all
30
of the time that the authority has been meeting the carer’s needs,
ordinarily resident in the area of another local authority.
(3)
The local authority concerned may recover from the other local authority the
amount of any payments it made towards meeting the needs in question at a
time when the other local authority was instead liable to meet them under
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section 18 or 20(1) (as the case may be).
(4)
Subsection (3) does not apply to payments which are the subject of a deferred
payment agreement entered into by the local authority in question, unless it
agrees with the other local authority to assign its rights and obligations under
the deferred payment agreement to that other authority.
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(5)
Any period during which a local authority was meeting the needs in question
under section 19 or 20(6) is to be disregarded for the purposes of this section.

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Safeguarding adults at risk of abuse or neglect
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Enquiry by local authority
(1)
This section applies where a local authority has reasonable cause to suspect
that an adult in its area (whether or not ordinarily resident there)—
(a)
has needs for care and support (whether or not the authority is meeting
5
any of those needs),
(b)
is experiencing, or is at risk of, abuse or neglect, and
(c)
as a result of those needs is unable to protect himself or herself against
the abuse or neglect or the risk of it.
(2)
The local authority must make (or cause to be made) whatever enquiries it
10
thinks necessary to enable it to decide whether any action should be taken in
the adult’s case (whether under this Part or otherwise) and, if so, what and by
whom.
(3)
“Abuse” includes financial abuse; and for that purpose “financial abuse”
includes—
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(a)
having money or other property stolen,
(b)
being defrauded,
(c)
being put under pressure in relation to money or other property, and
(d)
having money or other property misused.
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Safeguarding Adults Boards
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(1)
Each local authority must establish a Safeguarding Adults Board (an “SAB”)
for its area.
(2)
The objective of an SAB is to help and protect adults in its area in cases of the
kind described in section 42(1).
(3)
The way in which an SAB must seek to achieve its objective is by co-ordinating
25
and ensuring the effectiveness of what each of its members does.
(4)
An SAB may do anything which appears to it to be necessary or desirable for
the purpose of achieving its objective.
(5)
Schedule 2 (which includes provision about the membership, funding and
other resources, strategy and annual report of an SAB) has effect.
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(6)
Where two or more local authorities exercise their respective duties under
subsection (1) by establishing an SAB for their combined area—
(a)
a reference in this section, section 44 or Schedule 2 to the authority
establishing the SAB is to be read as a reference to the authorities
establishing it, and
35
(b)
a reference in this section, that section or that Schedule to the SAB’s
area is to be read as a reference to the combined area.
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Safeguarding adults reviews
(1)
An SAB must arrange for there to be a review of a case involving an adult in its
area with needs for care and support (whether or not the local authority has
40
been meeting any of those needs) if—

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Part 1 — Care and support
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(a)
there is reasonable cause for concern about how the SAB, members of it
or other persons with relevant functions worked together to safeguard
the adult, and
(b)
condition 1 or 2 is met.
(2)
Condition 1 is met if—
5
(a)
the adult has died, and
(b)
the SAB knows or suspects that the death resulted from abuse or
neglect (whether or not it knew about or suspected the abuse or neglect
before the adult died).
(3)
Condition 2 is met if—
10
(a)
the adult is still alive, and
(b)
the SAB knows or suspects that the adult has experienced serious abuse
or neglect.
(4)
An SAB may arrange for there to be a review of any other case involving an
adult in its area with needs for care and support (whether or not the local
15
authority has been meeting any of those needs).
(5)
Each member of the SAB must co-operate in and contribute to the carrying out
of a review under this section with a view to—
(a)
identifying the lessons to be learnt from the adult’s case, and
(b)
applying those lessons to future cases.
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Supply of information
(1)
If an SAB requests a person to supply information to it, or to some other person
specified in the request, the person to whom the request is made must comply
with the request if—
(a)
conditions 1 and 2 are met, and
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(b)
condition 3 or 4 is met.
(2)
Condition 1 is that the request is made for the purpose of enabling or assisting
the SAB to exercise its functions.
(3)
Condition 2 is that the request is made to a person whose functions or activities
the SAB considers to be such that the person is likely to have information
30
relevant to the exercise of a function by the SAB.
(4)
Condition 3 is that the information relates to—
(a)
the person to whom the request is made,
(b)
a function or activity of that person, or
(c)
a person in respect of whom that person exercises a function or engages
35
in an activity.
(5)
Condition 4 is that the information—
(a)
is information requested by the SAB from a person to whom
information was supplied in compliance with another request under
this section, and
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(b)
is the same as, or is derived from, information so supplied.
(6)
Information may be used by the SAB, or other person to whom it is supplied
under subsection (1), only for the purpose of enabling or assisting the SAB to
exercise its functions.