Vote Bundle Text (900704-02)

Amendments proposed to the Care Standards Bill [Lords] - continued	House of Commons

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Children's homes: temporary provision about cancellation of registration

Mr John Hutton

NC22

To move the following Clause:—

'.—(1) In paragraph 1(4) of Schedule 5 to the 1989 Act (voluntary homes and voluntary organisations)—

(a) in paragraph (a), after "is not" there shall be inserted ", or has not been,";

(b) after "is" there shall be inserted ", or has been,".

(2) In paragraph 2 of that Schedule, after sub-paragraph (5) there shall be inserted—

(3) In paragraph 3(3) of Schedule 6 to the 1989 Act (registered children's homes), after "is being" there shall be inserted "and has been".

(4) In paragraph 4 of that Schedule—

(a) in sub-paragraph (3) after "is being" there shall be inserted ", or has been,";

(b) after sub-paragraph (4) there shall be inserted—

"(5) In relation to a home which has ceased to exist, references in this paragraph and paragraph 5(4) to the person, or any person, carrying on the home include references to each of the persons who carried it on.".'.

Co-operative working

Mr John Hutton

NC23

To move the following Clause:—

'.—(1) The Commission for Health Improvement ("CHI") and the National Care Standards Commission ("NCSC") may, if authorised to do so by regulations, arrange—

(a) for prescribed functions of the NCSC to be exercised by CHI on behalf of the NCSC;

(b) for prescribed functions of CHI, so far as exercisable in relation to England, to be exercised by the NCSC on behalf of CHI,

and accordingly CHI and the NCSC each have power to exercise functions of the other in accordance with arrangements under this subsection.

(2) The Assembly and CHI may arrange for any functions of the Assembly mentioned in section 9(6) to be exercised by CHI on behalf of the Assembly; and accordingly CHI has power to exercise functions of the Assembly in accordance with arrangements under this subsection.

(3) The Assembly and CHI may, if authorised to do so by regulations, arrange for prescribed functions of CHI, so far as exercisable in relation to Wales, to be exercised by the Assembly on behalf of CHI; and accordingly the Assembly has power to exercise functions of CHI in accordance with arrangements under this subsection.

(4) References in this section to exercising functions include a reference to assisting with their exercise.

(5) Regulations under this section shall be made by the Secretary of State; but the Secretary of State may not make regulations under subsection (3) without the agreement of the Assembly.'.

Power of registration authority to refer

Mr John Hutton

NC25

To move the following Clause:—

'.—(1) The registration authority may refer a care worker to the Secretary of State if—

(a) on the basis of evidence obtained by it in the exercise of its functions under Part II of this Act, the authority considers that the worker has been guilty of misconduct (whether or not in the course of his employment) which harmed or placed at risk of harm a vulnerable adult; and

(b) the worker has not been referred to the Secretary of State under section 71 or 72 in respect of the misconduct.

(2) Section 71(4) to (7) shall apply in relation to a reference made by the registration authority under subsection (1) as it applies in relation to a reference made by a person under section 71(1).

(3) The reference in subsection (1) to misconduct is to misconduct which occurred after the commencement of this section.'

Individuals named in the findings of certain inquiries

Mr John Hutton

NC26

To move the following Clause:—

'.—(1) Subsection (2) applies where—

(a) a relevant inquiry has been held;

(b) the report of the person who held the inquiry names an individual who is or has been employed in a care position; and

(i) that the person who held the inquiry found that the individual was guilty of relevant misconduct; and

(ii) that the individual is unsuitable to work with vulnerable adults.

(2) The Secretary of State—

(a) may provisionally include the individual in the list kept under section 70; and

(b) if he does so, shall determine in accordance with subsections (3) to (5) whether the individual's inclusion in the list should be confirmed.

(3) The Secretary of State shall—

(a) invite observations from the individual on the report, so far as relating to him, and, if the Secretary of State thinks fit, on any observations submitted under paragraph (b); and

(b) invite observations from the relevant employer on any observations on the report and, if the Secretary of State thinks fit, on any other observations under paragraph (a).

(4) Where the Secretary of State has considered the report, any observations submitted to him and any other information which he considers relevant, he shall confirm that individual's inclusion in the list if subsection (5) applies; otherwise he shall remove him from the list.

(5) This subsection applies if the Secretary of State is of the opinion—

(a) that the person who held the inquiry reasonably considered the individual to be guilty of relevant misconduct; and

(b) that the individual is unsuitable to work with vulnerable adults.

(6) In this section—

"relevant employer" means the person who, at the time mentioned in the definition of "relevant misconduct" below, employed the individual in a care position;

"relevant misconduct" means misconduct which harmed or placed at risk of harm a vulnerable adult and was committed (whether or not in the course of his employment) at a time when the individual was employed in a care position.

(7) In this section "relevant inquiry" means any of the following—

(a) an inquiry held under—

(i) section 9;

(ii) section 35 of the Government of Wales Act 1998;

(iii) section 81 of the Children Act 1989;

(iv) section 84 of the National Health Service Act 1977;

(v) section 7C of the Local Authority Social Services Act 1970;

(b) an inquiry to which the Tribunals of Inquiry (Evidence) Act 1921 applies;

(8) Before making an order under subsection (7) the Secretary of State shall consult the Assembly.'.

Inclusion in 1999 Act list on reference by certain authorities

Mr John Hutton

NC27

To move the following Clause:—

'.—(1) After section 2 of the 1999 Act there is inserted—

"Power of certain authorities to refer individuals for inclusion in list. 2A.—(1) A person to whom this section applies may refer to the Secretary of State an individual who is or has been employed in a child care position if—

(a) on the basis of evidence obtained by him in the exercise of his functions under Part II of the Care Standards Act 2000 or Part XA of the Children Act 1989, the person considers that the individual has been guilty of misconduct (whether or not in the course of his employment) which harmed a child or placed a child at risk of harm; and
(b) the individual has not been referred to the Secretary of State under section 1 above in respect of the misconduct.
    (2) The persons to whom this section applies are—

(a) the National Care Standards Commission;

(b) the National Assembly for Wales; and

(c) Her Majesty's Chief Inspector of Schools in England.
    (3) Section 2(4) to (7) above shall apply in relation to a reference made by a person under subsection (1) above as it applies in relation to a reference made by an organisation under section 2(1) above.
    (4) The reference in subsection (1) above to misconduct is to misconduct which occurred after the commencement of this section."

    (2) In section 1(2)(a) of that Act (duty of Secretary of State to keep list), after "2" there is inserted "or 2A".

(3) For the sidenote to section 2 of that Act there is substituted "Inclusion in list on reference following disciplinary action etc.".'.

Inclusion in 1999 Act list of individuals named in findings of certain inquiries

Mr John Hutton

NC28

To move the following Clause:—

'.—(1) After section 2A of the 1999 Act (inserted by section (Inclusion in 1999 Act list on reference by certain authorities) there is inserted—

"Individuals named in the findings of certain inquiries. 2B.—(1) Subsection (2) applies where—

(a) a relevant inquiry has been held;
(b) the report of the person who held the inquiry names an individual who is or has been employed in a child care position; and
(c) it appears to the Secretary of State from the report—
    (i) that the person who held the inquiry found that the individual was guilty of relevant misconduct; and

    (ii) that the individual is unsuitable to work with children.
    (2) The Secretary of State—

(a) may provisionally include the individual in the list kept under section 1 above; and

(b) if he does so, shall determine in accordance with subsections (3) to (5) below whether the individual's inclusion in the list should be confirmed.
    (3) The Secretary of State shall—

(a) invite observations from the individual on the report, so far as relating to him, and, if the Secretary of State thinks fit, on any observations submitted under paragraph (b) below; and

(b) invite observations from the relevant employer on any observations on the report and, if the Secretary of State thinks fit, on any other observations under paragraph (a) above.
    (4) Where the Secretary of State has considered the report, any observations submitted to him and any other information which he considers relevant, he shall confirm that individual's inclusion in the list if subsection (5) below applies; otherwise he shall remove him from the list.
    (5) This subsection applies if the Secretary of State is of the opinion—

(a) that the person who held the inquiry reasonably considered the individual to be guilty of relevant misconduct; and

(b) that the individual is unsuitable to work with children.
    (6) In this section—

"relevant employer" means the person who, at the time referred to in the definition of "relevant misconduct" below, employed the individual in a child care position;

"relevant misconduct" means misconduct which harmed a child or placed a child at risk of harm and was committed (whether or not in the course of his employment) at a time when the individual was employed in a child care position.
    (7) In this section "relevant inquiry" means any of the following—

(a) an inquiry held under—

    (i) section 9 of the Care Standards Act 2000;

    (ii) section 35 of the Government of Wales Act 1998;

    (iii) section 81 of the 1989 Act;

    (iv) section 84 of the National Health Service Act 1977;

    (v) section 7C of the Local Authority Social Services Act 1970;

(b) an inquiry to which the Tribunals of Inquiry (Evidence) Act 1921 applies;

(c) any other inquiry or hearing designated for the purposes of this section by an order made by the Secretary of State.
    (8) An order under subsection (7) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
    (9) Before making an order under subsection (7) above the Secretary of State shall consult the National Assembly for Wales."

    (2) In section 1(2) of that Act (duty of Secretary of State to keep list), before the "or" preceding paragraph (b) there shall be inserted—

"(aa) he has been included in the list under section 2B below;".'.