Vote Bundle Text (900704-05)

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

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Individuals providing care funded by direct payments

Mr John Hutton

NC44

To move the following Clause:—

'.—(1) After section 2C of the 1999 Act (inserted by section 81) there is inserted—

"Local authorities proposing to make direct payments in respect of services.

2D.—(1) A local authority may refer a relevant individual to the Secretary of State where, as a result of enquiries made, or caused to be made, by it under section 47 of the Children Act 1989, the authority 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

(2) Section 2(4) to (7) above shall apply in relation to a reference made by a local authority under subsection (1) above as it applies in relation to a reference made by an organisation under section 2(1) above.

(3) In this section—

"funded care" means care in respect of a person's securing the provision of which the authority has made a payment under section 17A of the Children Act 1989 (direct payments);

"relevant individual" means an individual who is or has been employed to provide funded care to a child.

(2) In section 7 of that Act (effect of inclusion in certain statutory lists), after subsection (1) there shall be inserted—

"(1A) Where—

(a) a person ("the recipient") employs, or proposes to employ, an individual to provide care for a child; and

(b) a local authority proposes to make a payment to the recipient under section 17A of the Children Act 1989 (direct payments) in respect of his securing the provision of the care,

the authority shall, if the recipient asks it to do so, ascertain whether the individual is included in any of the lists mentioned in subsection (1) above."

(3) After subsection (2) of that section there shall be inserted—

(a) satisfies itself that, on a date within the last 12 months, the organisation which supplied the individual ascertained whether he was included in any of those lists; and

(b) obtains written confirmation of the facts as ascertained by the organisation."

Independent advocacy services

Mr Paul Burstow
Dr Peter Brand
Mr Jonathan R. Shaw
Mr Hilton Dawson

NC1

To move the following Clause:—

'. Local authorities shall secure that independent advocacy services are available for all children in their area who are placed under the provisions of Part II of this Act.'.

Complaints in respect of independent hospitals

Mr Paul Burstow
Dr Peter Brand

NC2

To move the following Clause:—

'.—(1) The Commission shall institute procedures by which dissatisfaction with the dealing of complaints by independent hospitals may be expressed.

(2) In the event that the Commission is satisfied that a complaint is upheld it shall be entitled to take account of such complaint in exercising any of its duties under this Act.

(3) In the event that the Commission is satisfied that a complaint has not been properly dealt with by an agency or establishment it shall refer the matter to the Health Ombudsman.'.

Treatment of residents who entered care homes before April 1993

Mr Paul Burstow
Dr Peter Brand

NC20

To move the following Clause:—

'.Section 26A of the National Assistance Act 1948 shall cease to have effect.'.

Appeal to Commission

Mr David Amess
Mr Julian Brazier

NC24

To move the following Clause:—

'.—(1) Any person affected by a decision of a local authority in the exercise of its relevant functions under this Part shall have the right to appeal against that decision to the Commission.

(2) Grounds of appeal shall include, but are not limited to—

(a) miscarriage of justice; and

(b) failure to comply with legislation and guidelines.

(3) The Commission shall provide a written decision in relation to each appeal to the person who brings the appeal, the local authority and to the Secretary of State.

(4) The Commission shall publish, on an annual basis, the results of each appeal heard, the local authority involved, and the grounds on which a decision was reached, and shall provide the publication to the Secretary of State.

(5) The Commission shall make a copy of the publication referred to above available to the public, such copy to be edited so as to prevent identification of any child or any other such individual whom it is deemed should be protected by anonymity.

(6) The Commission may decline making the report available if there are exceptional circumstances which render such publication contrary to the public interest.'.

Children's Commissioner for England

Mr Philip Hammond
Mrs Caroline Spelman

NC41

To move the following Clause:—

'.—(1) There shall be an office of the Children's Commissioner for England.

(2) Schedule (The Children's Commissioner for England) shall have effect with respect to the Children's Commissioner for England (referred to in this Act as "the Commissioner for England").'.

Review and monitoring of arrangements: England

Mr Philip Hammond
Mrs Caroline Spelman

NC42

To move the following Clause:—

'.—(1) The Commissioner for England may review, and monitor the operation of, arrangements falling within subsection (2), (3) or (4) for the purpose of ascertaining whether, and to what extent, the arrangements are effective in safeguarding and promoting the rights and welfare of children to whom this Part applies.

(2) The arrangements falling within this subsection are the arrangements made by the providers of regulated children's services in England, or by the Secretary of State, for dealing with complaints or representations in respect of such services made by or on behalf of children to whom this Part applies.

(3) The arrangements falling within this subsection are arrangements made by the providers of regulated children's services in England, or by the Secretary of State, for ensuring that proper action is taken in response to any disclosure of information which reasonably suggests—

(a) that a criminal offence has been committed;

(b) that a person has failed to comply with any legal obligation to which he is subject;

(d) that information reasonably suggesting that any matter falling within one of the preceding paragraphs has been deliberately concealed,

in the course of or in connection with the provision of such services.

(4) The arrangements falling within this subsection are arrangements made (whether by providers of regulated children's services in England, by the Secretary of State or by any other person) for making persons available—

(a) to represent the views and wishes of children to whom this Part applies; or

(b) to provide such children with advice and support of any prescribed kind.

(5) Regulations may confer power on the Commissioner to require prescribed persons to provide any information which the Commissioner considers it necessary or expedient to have for the purposes of his functions under this section.'.

Examination of cases: England

Mr Philip Hammond
Mrs Caroline Spelman

NC43

To move the following Clause:—

'.—(1) Regulations may make provision for the examination by the Commissioner for England of the cases of particular children to whom this Part applies.

(2) The regulations may include provision about—

(a) the types of case which may be examined;

(b) the circumstances in which an examination may be made;

(d) the publication of reports following an examination.

(3) The regulations may make provision for—

(a) requiring persons to provide the Commissioner with information; or

(b) requiring persons who hold or are accountable for information to provide the Commissioner with explanations or other assistance,

for the purposes of an examination or for the purposes of determining whether any recommendation made in a report following an examination has been complied with.

(4) For the purposes mentioned in subsection (3), the Commissioner shall have the same powers as the High Court in respect of—

(a) the attendance and examination of witnesses (including the administration of oaths and affirmations and the examination of witnesses abroad); and

(b) the provision of information.

(5) No person shall be compelled for the purposes mentioned in subsection (3) to give any evidence or provide any information which he could not be compelled to give or provide in civil proceedings before the High Court.

(6) The regulations may make provision for the payment by the Commissioner of sums in respect of expenses or allowances to persons who attend or provide information for the purposes mentioned in subsection (3)'.