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New Clause 33
Representations Relating to Special Guardianship Support Services
'(1) In section 26 of the Children Act 1989 (c.41) (representations), after subsection (3B) insert—
"(3C) The duty under subsection (3) extends to any representations (including complaints) which are made to the authority by—
(a) a child with respect to whom a special guardianship order is in force,
(b) a special guardian or a parent of such a child,
(c) any other person the authority consider has a sufficient interest in the welfare of such a child to warrant his representations being considered by them, or
(d) any person who has applied for an assessment under section 14F(3) or (4),
about the discharge by the authority of such functions under section 14F as may be specified by the Secretary of State in regulations."
(2) Section 14G of that Act (special guardianship support services: representations) shall cease to have effect.'.—[Dr. Ladyman.]
Brought up, read the First and Second time, and added to the Bill.
New Clause38
Joint Annual Reviews
'(1) Regulations made by the Secretary of State may provide that, where services of a description specified in the regulations are provided under arrangements under section 31 of the Health Act 1999 (c.8), the CHAI and the CSCI shall jointly—
(a) review the provision by the parties to the arrangements of such services as may be specified in the regulations;
(b) award a performance rating in respect of those services.
(2) The regulations may provide that the CHAI and the CSCI are to exercise their functions under this section—
(a) at such times as may be specified in the regulations;
(b) by reference to criteria determined by the CHAI and the CSCI and approved by the Secretary of State.
(3) The regulations may require the CHAI and the CSCI to publish a report after conducting a review under this section.'—[Dr. Ladyman.]
Brought up, and read the First time.
Dr. Ladyman: I beg to move, That the clause be read a Second time.
Madam Deputy Speaker: With this it will be convenient to discuss the following:
New clause 2—Duty of the CHAI to prepare standards guidance relating to health care—
'(1) It shall be the duty of the CHAI to prepare guidance to assist in securing the raising of standards in health care.
(2) In preparing guidance for the purposes of subsection (1), the CHAI shall have regard to performance indicators relating to—
(a) the availability of, and access to, health care;
(b) the quality and effectiveness of the health care provided to patients; and
(c) the financial and other management of the delivery of the health care to patients.
(3) The CHAI must—
(a) lay a copy of any guidance prepared in accordance with the provisions of this section before Parliament, and
(b) once they have done so, send a copy of it to the Secretary of State.'.
New clause 3—Duty of the CSCI to prepare standards guidance relating to social care—
'(1) It shall be the duty of the CSCI to prepare guidance to assist in securing the raising of standards in social care.
(2) In preparing guidance for the purposes of subsection (1), the CSCI shall have regard to performance indicators relating to—
(a) the availability of, and access to, social care services;
(b) the quality and effectiveness of the social care services provided to the public; and
(c) the management of the delivery of the social care services.
(3) The CSCI must—
(a) lay a copy of any guidance prepared in accordance with the provisions of this section before Parliament, and
(b) once they have done so, send a copy of it to the Secretary of State.'.
New clause 4—Duty of the CHAI to prepare standards guidance relating to health care in Wales—
'(1) It shall be the duty of the CHAI to prepare guidance to assist in securing the raising of standards in health care in Wales.
(2) In preparing guidance for the purposes of subsection (1), the CHAI shall have regard to performance indicators relating to—
(a) the availability of, and access to, health care;
(b) the quality and effectiveness of the health care provided to patients; and
(c) the financial and other management of the delivery of the health care to patients.
(3) The CHAI must—
(a) lay a copy of any guidance prepared in accordance with the provisions of this section before Parliament, and
(b) once they have done so, send a copy of it to the Secretary of State and the Assembly.'.
New clause 5—Duty of the CSCI to prepare standards guidance relating to social care in Wales—
'(1) It shall be the duty of the CSCI to prepare guidance to assist in securing the raising of standards in social care in Wales.
(2) In preparing guidance for the purposes of subsection (1), the CSCI shall have regard to performance indicators relating to—
(a) the availability of, and access to, social care services;
(b) the quality and effectiveness of the social care services provided to the public; and
(c) the management of the delivery of the social care services.
(3) The CSCI must—
(a) lay a copy of any guidance prepared in accordance with the provisions of this section before Parliament, and
(b) once they have done so, send a copy of it to the Secretary of State and the Assembly.'.
Amendment No. 38, in clause 41, page 14, line 23, at end insert—
'(1A) The Secretary of State must publish all such statements and must publish a statement of the evidence-base upon which these standards are set'.'.
Amendment No. 39, in page 14, line 24, leave out from 'may' to end of line 25 and insert
'amend the standards whenever he considers it appropriate.
(2A) The Secretary of State must publish amended statements, and must publish a statement of the evidence-base of the statements.'.
Amendment No. 1, in clause 45, page 15, line 34, leave out from 'must' to end of line and insert
'undertake an assessment of the performance of each such body in relation to the guidance issued under section [duty of the CHAI to prepare standards guidance relating to health care]'.
Government amendments Nos. 360 to 370 and 372 to 377.
Amendment No. 226, in clause 70, page 28, line 20, at end insert
'of vulnerable adults and of people with disability'.
Government amendments Nos. 379 and 380.
Amendment No. 2, in clause 73, page 29, line 14, leave out from 'must' to end of line and insert
'undertake an assessment of the performance of that authority in relation to the guidance issued under section [duty of the CSCI to prepare standards guidance relating to social care]'.
Government amendments Nos. 381 and 382.
Amendment No. 3, in clause 75, page 30, line 24, leave out from 'CSCI' to 'a' and insert
'concludes as a result of an assessment that there is significant cause for concern about the effectiveness of the performance of'.
Amendment No. 23, in clause 88, page 35, line 33, leave out paragraph (b) and insert—
'(b) undertake an assessment of the performance of each such body in relation to the guidance issued under section [duty of the CHAI to prepare standards guidance relating to health care in Wales]'.
Government amendments Nos. 384 to 386.
Amendment No. 56, in clause 114, page 51, line 5 at end insert—
'(5) Regulations may make further provision—
(a) for prescribed functions of the CSCI to be exercised by CHAI on behalf of the CSCI;
(b) for prescribed functions of the CHAI, so far as exercisable in relation to England, to be exercised by the CSCI on behalf of the CHAI.'.
Government amendments Nos. 387 to 396.
Amendment No. 57, in schedule 5, page 117, line 36, at end insert—
'(4) The CHAI must consult and have regard to the advice of the Children's Rights Director under Schedule 6(5)(2) in discharging its functions under section 43(2)(d).'.
Amendment No. 58, in page 119, line 14, at end insert
'and is to be responsible to it for the general exercise of its functions'.
Amendment No. 59, in page 122, line 12, at end insert
'and is to be responsible to it for the general exercise of its functions'.
Dr. Ladyman: New clause 38 allows CHAI and CSCI to conduct jointly a review of services of a prescribed description provided under section 31 of the Health Act 1999, including reviews of care trusts. The aim of the new clause is to seek maximum flexibility to enable CHAI and CSCI to carry out, where appropriate, a joint review of services provided to the NHS and local authorities in partnership. We recognise and welcome the fact that the number and type of services provided under section 31 partnerships are constantly growing. We wish to allow for the possibility that in future it might be appropriate for CHAI and CSCI to carry out a joint review of certain services provided under a partnership and to award a performance rating in respect of those joint services.
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