Amendments proposed to the Community Care (Delayed Discharges Etc.) Bill - continued House of Commons

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Joint local protocols and dispute resolution


Mr Paul Burstow
Mrs Patsy Calton


To move the following Clause:—

    '(1)   In each social services authority area, the responsible NHS bodies and the responsible authority shall agree a joint local protocol regarding the discharge of qualifying hospital patients defined in section 1 of this Act.

    (2)   Each joint local protocol shall contain—

      (a) an action plan designed to prevent delayed discharges before they occur;

      (b) local targets for reducing delayed discharges;

      (c) joint administrative arrangements for the local implementation of the duties in sections 2, 3 and 4 of this Act;

      (d) an agreement on how monies made in payment under section 4 of this Act shall be spent for the purpose of reducing delays in discharging qualifying hospital patients in the future.

    (3)   In each social services authority area, the responsible NHS bodies and the responsible authority shall create a panel to assist in the resolution of disputes under this Part between the responsible NHS bodies and the responsible authority.

    (4)   The panel—

      (a) shall be jointly appointed by the responsible NHS bodies and the responsible authority; and

      (b) its members shall have experience or knowledge of local health and community care services or local circumstances, but shall not be current employees or members of any NHS or local authority body.

    (5)   the panel shall have the power to adjudicate on any matter in dispute under this Part referred to it by any of the parties to the dispute and its decisions shall be binding on the responsible NHS bodies and the responsible authority.

    (6)   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.'.



Mr Paul Burstow
Mrs Patsy Calton


To move the following Schedule:—

'Social Care Not Ordinarily Charged For

    (1)   As regards the personal hygiene of the person cared for—

      (a) shaving;

      (b) cleaning teeth and providing assistance in rinsing the mouth;

      (c) keeping fingernails and toenails trimmed;

      (d) assisting the person with going to the toilet or with using a bedpan or other receptacle;

      (e) where the person is fitted with a catheter or stoma, providing such assistance as to requisite to ensure cleanliness and that the skin is kept in a favourable hygienic condition;

      (f) where the person is incontinent—

        (i) the consequential provision and changing of continence pads;

        (ii) caring for the person's skin to ensure that it is not adversely affected.

        (2)   As regards the person's eating requirements, assisting with the administration of food.

        (3)   If the person is immobile or substantially immobile, dealing with the problems of that immobility.

        (4)   If the person requires medical treatment, assisting with medication, as for example by—

        (a) applying creams, lotions, or administering eye drops;

        (b) applying dressings in cases where this can be done without the physical involvement of a registered nurse or of a medical practitioner.

        (5)   With regard to the person's general well-being—

        (a) assisting with getting dressed;

        (b) assisting with surgical appliances, prostheses and mechanical and manual equipment;

        (c) assisting with getting up and with going to bed.'.


    Mr Paul Burstow
    Mrs Patsy Calton


    To move the following Schedule:—

    'Community Equipment

           Community Equipment shall be taken to include—

        (a) equipment which may assist with daily living: special seating, shower chairs, bath-mats, raised toilet seats, teapot tippers and liquid level indicators;

        (b) minor adaptations to the home, such as grab rails, lever taps, improved domestic lighting, and improving the use of contrasting colours;

        (c) equipment for home nursing such as pressure relief mattresses and commodes;

        (d) mobility equipment such as walking sticks, zimmer frames and wheelchairs for non-permanent wheelchair users;

        (e) ancillary equipment for people with sensory impairments, such as flashing doorbells, low vision optical aids, textphones and assistive listening devices;

        (f) telecare equipment such as fall alarms, gas escape alarms, health state monitoring and "wandering detectors" for people who are vulnerable.'.


    Mr Paul Burstow
    Mrs Patsy Calton


    To move the following Schedule:—

    'Intermediate Care

           Intermediate care should be regarded as describing services that meet the following criteria—

        (1) community care services targeted at people who would otherwise face unnecessarily prolonged hospital stays or inappropriate admission to acute in-patient care, long term residential care, or continuing NHS in-patient care;

        (2) services provided on the basis of a comprehensive assessment, resulting in a structured individual care plan that involves active therapy, treatment or opportunity for recovery;

        (3) have a planned outcome of maximising independence and typically enabling patients to resume living at home, typically within a time limit of up to six weeks or more;

        (4) involve cross-professional working, with a single assessment framework, single professional records and shared protocols;

        (5) short-term programmes of therapy and enablement in a residential setting (such as a community hospital, rehabilitation centre, nursing home, or residential care home) for people who are medically stable but need a short period of rehabilitation to enable them to regain sufficient physical functioning and confidence to return safely to their own home;

        (6) services covering a short-term period of nursing or therapeutic support (or both) in a patient's home, typically with a contributory package of home care support and sometimes supported by community equipment and/or housing-based support services, to enable earlier transfer of care from an acute hospital and to allow a patient to complete his rehabilitation and recovery at home.'.



    That the following provisions shall apply to the Community Care (Delayed Discharges etc.) Bill:


    (1) The Bill shall be committed to a Standing Committee.

    Proceedings in Standing Committee

    (2) Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 12th December 2003.

    (3) The Standing Committee shall have leave to sit twice on the first day on which it meets.

    Consideration and Third Reading

    (4) Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

    (5) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on the day on which proceedings on consideration are commenced.

    (6) Sessional Order B (programming committees) made on 28th June 2001 shall not apply to proceedings on consideration and third reading.

    Other proceedings

    (7) Any other proceedings on the Bill (including any proceedings on consideration of Lords amendments or any further messages from the Lords (may be programmed).



    (1) During proceedings on the Community Care (Delayed Discharges etc.) Bill the Standing Committee shall meet four times, namely on Tuesday 10th December at 10.30 a.m. and 4.30 p.m., and on Thursday 12th December at 8.55 a.m. and 2.30 p.m.

    (2) Proceedings on the Bill in Standing Committee shall, so far as not previously concluded, be brought to a conclusion in accordance with the following table—


    ProceedingsConclusion of proceedings
    Clauses 1 to 31.00 p.m. on 10th December
    Clauses 4 and 57.00 p.m. on 10th December
    Clauses 6 to 1111.25 a.m. on 12th December
    Clauses 12 to 16, new Clauses, new
    Schedules and any remaining
    5.00 p.m. on 12th December

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Prepared 12 Dec 2002