S.C.D.
Amendment Paper as at
Thursday 12th December 2002
STANDING COMMITTEE D
COMMUNITY CARE (DELAYED DISCHARGES ETC.) BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [10th December].
Mr Paul Burstow
Mrs Patsy Calton
76
Clause 6, page 4, line 41, leave out subsection (1) and insert—
'(1) The responsible NHS body and the responsible local authority have a duty to set up an independent panel to hear the complaints of patients (and/or their carers) where they—
| (a) | disagree with the decision of the NHS that they should be discharged from NHS care, or they disagree with the type or quantity of NHS care to be delivered; or |
| (b) | disagree with the community care services proposed by social services for a safe discharge. |
(1A) The independent panel should complete its review of the case within two weeks, having sought appropriate advice from professionals who know the patient (and/or carers), and independent clinical advice where this is deemed necessary; and considered the evidence of the patient and/or carer or other representative of the patient, and during this time the patient should remain under the care of the NHS, and the decision of the panel will be binding.
(1B) Further the social services department have a duty to provide a fast track complaints system for people who within 8 weeks of discharge from hospital, feel that the support provided is inadequate to their needs.'.
Dr Liam Fox
Mr Simon Burns
Mr John Baron
Mrs Cheryl Gillan
6
Clause 6, page 4, line 41, leave out 'may' and insert 'shall'.
Dr Liam Fox
Mr Simon Burns
Mr John Baron
Mrs Cheryl Gillan
19
Clause 6, page 4, line 41, after 'Authority', insert 'and local authority'.
Sir George Young
38
Clause 6, page 4, line 41, after 'Authority', insert 'and Social Services Authority'.
Dr Liam Fox
Mr Simon Burns
Mr John Baron
Mrs Cheryl Gillan
20
Clause 6, page 4, line 42, after 'Board', insert 'and local authority'.
Sir George Young
39
Clause 6, page 4, line 42, after 'Wales', insert 'jointly'.
Mr Paul Burstow
Mrs Patsy Calton
118
Clause 6, page 4, line 42, after 'Wales', insert 'in agreement with their local authority counterparts'.
Dr Liam Fox
Mr Simon Burns
Mr John Baron
Mrs Cheryl Gillan
Mr Paul Burstow
Mrs Patsy Calton
18
Clause 6, page 4, line 42, leave out 'a' and insert 'an independent'.
Dr Liam Fox
Mr Simon Burns
Mr John Baron
Mrs Cheryl Gillan
21
Clause 6, page 5, line 3, leave out 'a panel' and insert 'an independent panel comprised, in equal proportions, of representatives from a Strategic Health Authority and from a local authority, with a wholly independent chairperson'.
Dr Liam Fox
Mr Simon Burns
Mr John Baron
Mrs Cheryl Gillan
22
Clause 6, page 5, line 4, leave out 'a' and insert 'an independent'.
Dr Liam Fox
Mr Simon Burns
Mr John Baron
Mrs Cheryl Gillan
23
Clause 6, page 5, line 5, after 'which', insert 'independent'.
Mr Paul Burstow
Mrs Patsy Calton
77
Clause 6, page 5, line 8, leave out subsection (3) and insert—
'(3) Any NHS body or social services authority shall be prohibited from bringing legal proceedings against another such body in relation to a dispute under this Part before such steps have been taken in relation to a panel established by virtue of this section.'.
Dr Liam Fox
Mr Simon Burns
Mr John Baron
Mrs Cheryl Gillan
53
Clause 6, page 5, line 13, at end add—
'(5) Each independent panel shall publish annually the cost of dispute resolutions.'.
Mr Paul Burstow
Mrs Patsy Calton
119
Page 4, line 30, leave out Clause 6.
Dr Liam Fox
Mr Simon Burns
Mr John Baron
Mrs Cheryl Gillan
12
Clause 7, page 5, line 18, after first 'it', leave out 'it' and insert 'is'.
Dr Liam Fox
Simon Burns
John Baron
Cheryl Gillan
44
Clause 7, page 5, line 25, leave out paragraph (a).
Dr Liam Fox
Simon Burns
John Baron
Cheryl Gillan
45
Clause 7, page 5, line 27, leave out paragraph (b).
Dr Liam Fox
Simon Burns
John Baron
Cheryl Gillan
46
Clause 7, page 5, line 29, leave out paragraph (c).
Mr Paul Burstow
Mrs Patsy Calton
79
Clause 8, page 5, line 36, leave out 'subject to subsection (2).'.
Mr Paul Burstow
Mrs Patsy Calton
80
Clause 8, page 5, line 37, at end insert 'by statutory instrument and no such shall be made unless a draft has been laid before and approved by resolution of each House of Parliament.'.
Mr Paul Burstow
Mrs Patsy Calton
81
Clause 8, page 5, line 38, leave out subsection (2).
Dr Liam Fox
Mr Simon Burns
Mr John Baron
Mrs Cheryl Gillan
13
Clause 8, page 6, line 1, leave out subsection (4) and insert—
'(4) Any powers to make regulations of this kind referred to in this section shall be exercisable by statutory instrument, and any such instrument shall not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.'.
Mr Paul Burstow
Mrs Patsy Calton
82
Clause 8, page 6, line 1, leave out subsection (4).
Mr Paul Burstow
Mrs Patsy Calton
85
Clause 8, page 6, line 2, leave out from 'State' to 'to' in line 3.
Mr Paul Burstow
Mrs Patsy Calton
83
Clause 8, page 6, line 4, at end insert—
'(5) Any regulations made under this part shall be drawn up in consultation with local authorities.'.
Mr Paul Burstow
Mrs Patsy Calton
84
Clause 8, page 6, line 4, at end insert—
'(5) The Assembly may make regulations under this Part.'.
Mr Paul Burstow
Mrs Patsy Calton
127
Clause 9, page 6, line 6, at end insert—
'"assessment" under section 3(3) shall be taken to include the following steps—
| (a) | assessment of entitlement for continuing care in pursuance of statutory responsibilities under the National Health Service Act 1977; |
| (b) | assessment of entitlement to NHS funded nursing care pursuant to section 49 of the Health and Social Care Act 2001; |
| (c) | assessment of the local authorities duties under section 47(1) of the National Health Service and Community Care Act 1990; |
| (d) | provision of a joint "aftercare plan" for the provision of relevant health and community care services following the day of discharge for an agreed period including ensuring GPs receive written "discharge summaries" promptly so that they are aware of their patient's needs in the community; |
| (e) | a single information-gathering process regarding the patient's needs, no matter that the assessment and subsequent care planning and service delivery involves a number of professionals and agencies, whereby each patient is informed of, and consents to, information about their needs and circumstances being collected and shared, and with key decisions and issues to be copied in writing, or other appropriate formats, to the older person; |
| (f) | compliance with a duty on the professionals undertaking the assessment to work together in the best interests of the older person, as defined by the older person or those close to them; |
| (h) | consideration of the patient's views and wishes and external or environmental factors that are causing or exacerbating needs, including not only health and social care issues but also relevant housing, benefits, transport and other issues, the depth and detail of the assessment to be proportionate to an individual's needs, and the informed consent of the patient to be obtained; |
| (i) | assessment undertaken of the carer's ability to provide and continue to provide care for patient under the Carers (Recognition and Services) Act 1995 and/or the Carers and Disabled Children Act 2000;'. |
Mr Paul Burstow
Mrs Patsy Calton
125
Clause 9, page 6, line 6, at end insert—
'"carer", in relation to a qualifying hospital patient, means a person aged over 16 who—
| (a) | provided (prior to admission in hospital) or intends to provide a substantial amount of care to the qualifying hospital patient on a regular basis once they are discharged, and |
| (b) | did not or will not provide this care— |
| (i) | by virtue of a contract of employment or other contract with any person, or |
| (ii) | as a volunteer for a voluntary organisation; |
and "voluntary organisation" has the same meaning as in the National Assistance Act 1948;'.
