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Health and Social Care Bill, continued

of those functions for the purpose of section 6(3)(b) of the Human Rights Act

1998 (c. 42) (acts of public authorities).’.

Complaints procedure

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

NC4

To move the following Clause:—

‘(1)	In any case where a complainant is not satisfied with the result of an investigation

by an independent provider, he may request the Commission to consider the

complaint.

(2)	On receipt of a complaint under subsection (1) the Commission must assess the

nature and substance of the complaint and decide how it should be handled,

having regard to—

(a)	the views of the complainant;

(b)	the views of the body complained about;

(c)	any other relevant circumstances;

and as soon as reasonably practicable the Commission must notify the

complainant as to its decision.

(3)	The Commission may conduct its investigation in any manner which seems to it

appropriate, may take such advice as appears to it to be required and, having

regard in particular to the views of the complainant and any person who or body

which is the subject of the complaint, may appoint a panel to hear and consider

evidence.

(4)	The Commission may request any person or body to produce such information

and documents as it considers necessary to enable a complaint to be considered

properly.

(5)	Where the Commission investigates a complaint it must, as soon as reasonably

practicable, prepare a written report of its investigation which—

(a)	summarises the nature and substance of the complaint;

(b)	describes the investigation and summarises its conclusions, including

any findings of fact, the Commission’s opinion of those findings and its

reasons for its opinion;

(c)	recommends what action should be taken and by whom to resolve the

complaint; and

(d)	identifies what other action, if any, should be taken and by whom.’.

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Health and Social Care Bill, continued

Independent Complaints Body

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

NC5

To move the following Clause:—

‘(1)	The Commission shall establish and maintain a committee to be known as ‘The

Independent Complaints Body’.

(2)	In any case where a complainant is not satisfied with the result of an investigation

by an independent provider, he may request the Independent Complaints Body to

consider the complaint.

(3)	On receipt of a complaint under subsection (1) the Independent Complaints Body

must assess the nature and substance of the complaint and decide how it should

be handled having regard to—

(a)	the views of the complainant;

(b)	the views of the body complained about; and

(c)	any other relevant circumstances;

and as soon as reasonably practicable the Independent Complaints Body must

notify the complainant as to its decision.

(4)	The Independent Complaints Body may conduct its investigation in any manner

which seems to it appropriate, may take such advice as appears to it to be required

and, having regard in particular to the views of the complainant and any person

who or body which is the subject of the complaint, may appoint a panel to hear

and consider evidence.

(5)	The Independent Complaints Body may request any person or body to produce

such information and documents as it considers necessary to enable a complaint

to be considered properly.

(6)	Where the Independent Complaints Body investigates a complaint it must, as

soon as reasonably practicable, prepare a written report of its investigation

which—

(a)	summarises the nature and substance of the complaint;

(b)	describes the investigation and summarises its conclusions, including

any findings of fact, the Independent Complaints Body’s opinion of those

findings and its reasons for its opinion;

(c)	recommends what action should be taken and by whom to resolve the

complaint; and

(d)	identifies what other action, if any, should be taken and by whom.’.

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Health and Social Care Bill, continued

HealthWatch

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

nc8

To move the following Clause:—

‘(1)	The Commission shall establish and maintain a committee to be known as

“HealthWatch”.

(2)	HealthWatch shall consist of—

(a)	a chairman appointed by the Commission; and

(b)	such other members appointed by the Commission as the Commission

think fit.

(3)	The chairman appointed under subsection 2(a)—

(a)	shall be a non-executive member of the Commission

(b)	but is not to be chairman of the Commission.’.

General duty of HealthWatch

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

nc9

To move the following Clause:—

‘It shall be the duty of HealthWatch to further the interests of patients and the

public in relation to the provision of health services in England.’.

Functions of HealthWatch

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

nc10

To move the following Clause:—

‘(1)	HealthWatch shall make arrangements for ascertaining—

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Health and Social Care Bill, continued

(a)	the state of public opinion about the manner in which health services in

England are provided,

(b)	the views and experiences of patients in relation to the provision of health

services in England; and

(c)	the views and experiences of patients in relation to the handling, by

commissioners and providers of healthcare services, of complaints made

to them by such patients.’.

Local Involvement Networks.

Mr Stephen O’Brien

Anne Milton

Mr Andrew Lansley

Mark Simmonds

Mike Penning

Jeremy Wright

nc11

To move the following Clause:—

‘(1)	HealthWatch shall be regarded as an “English network” for the purposes of

section 222 of the Local Government and Public Involvement in Health Act 2007

(c. 28).

(2)	HealthWatch may make such arrangements as it thinks fit for consultation with

Local Involvement Networks.’.

Duty of co-operation with council for healthcare regulatory excellence

Sandra Gidley

Greg Mulholland

NC12

To move the following Clause:—

‘The OHPA shall have a duty to co-ordinate its activities, and share information,

with the Council for Healthcare Regulatory Excellence.’.

Failings by English NHS bodies

Sandra Gidley

Greg Mulholland

nc15

To move the following Clause:—

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Health and Social Care Bill, continued

‘(1)	Following a review under section 42 or 45, or a review or investigation under

Section 44, the Commission must inform the Secretary of State if it considers

that—

(a)	there are significant failings in relation to the provision of health care by

or pursuant to arrangements made by an English NHS body,

(b)	there are significant failings in the running of an English NHS body, or

(c)	there are significant failings in the running of a body, or the practice of

an individual, providing healthcare pursuant to arrangements made by an

English NHS body.

(2)	The commission may also recommend to the Secretary of State that, with a view

to remedying those failings, the Secretary of State take special measures—

(a)	in a case falling within subsection (1)(a) or (b), in relation to the NHS

body concerned

(b)	in a case falling within (1)(c), in relation to the body or individual

concerned.’.

Minimum guaranteed outcomes

Sandra Gidley

Greg Mulholland

NC17

To move the following Clause:—

‘(1)	The appropriate authority shall by regulations make provision—

(a)	specifying circumstances in which it will be necessary for a local

authority to provide social care support (including any form of practical

assistance and equipment) to a disabled person; and

(b)	specifying the minimum outcomes each local authority shall secure for

all disabled persons in exercising their duties under social care

enactments.

(2)	Without prejudice to the generality of subsection 1(b), minimum outcomes

prescribed under that subsection shall include—

(a)	ensuring freedom from physical risk;

(b)	ensuring freedom from inhumane or degrading treatment;

(c)	the full enjoyment of the right to personal development and to establish

and maintain family and other social relationships;

(d)	support for participation in the life of the community;

(e)	support to participate in essential social and economic activities, and

(f)	support to access an appropriate range of recreational and cultural

activities.

(3)	In this section—

“appropriate authority” means—

(c)	in relation to England, the Secretary of State,

(d)	in relation to Wales, the Welsh Ministers;

“social care enactments” include—

(i)	Section 2 of the Chronically Sick and Disabled Persons Act 1970

(c. 44).

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Health and Social Care Bill, continued

(ii)	Section 4 of the Disabled Persons (Services, Consultation and

Representation Act 1986 (c. 33).

(iii)

Section 17 of the Children Act 1989 (c. 41).

(iv)	Section 47 of the National Health Service and Community Care

Act 1990 (c. 19).’.

Continuity of social care support

Sandra Gidley

Greg Mulholland

NC18

To move the following Clause:—

‘(1)	This section applies where—

(a)	an English or Welsh local authority (the original authority) has made a

determination of need for care services in respect of a person ordinarily

resident in its area under any of the social care enactments and—

(i)	has arranged or is providing such services or

(ii)	is making payments to such a person in lieu of care services

under section 57 of the Health  and Social Care Act 2001 (c. 15)

or section 17A of the Children Act 1989 (c. 41); and

(b)	the person concerned becomes or intends to become ordinarily resident

in a different local authority (the new authority).

(2)	It shall be the duty of the original authority to—

(a)	give notice to the new authority if it becomes aware that a person to

whom it provides care services or direct payments intends to become

ordinarily resident in the new authority’s area; and

(b)	co-operate with the new authority in making appropriate arrangements

for such a person.

(3)	It shall be the duty of the new authority to provide the person concerned with—

(a)	services of an equivalent type and quantity to those provided by the

original authority or

(b)	direct payments enabling an equivalent type and quantity of support to

that provided by the original authority,

for such transitional period as may be prescribed.

(4)	All arrangements made under subsections (2) and (3) are to be made with the

involvement and consent of the person concerned and must include effective

arrangements to meet any new or different needs of the person concerned.

(5)	For the purposes of this section “social care enactments” includes—

(i)	Section 2 of the Chronically Sick and Disabled Persons Act 1970 (c. 44).

(ii)	Section 4 of the Disabled Persons (Services, Consultation and

Representation) Act 1986 (c. 33).

(iii)

Section 17 of the Children Act 1989 (c. 41).

(iv)	Section 47 of the National Health Service and Community Care Act 1990

(c. 19).

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Health and Social Care Bill, continued

Order of the House [26th November 2007]

That the following provisions shall apply to the Health and Social Care Bill:

Committal

1.	The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.	Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Thursday 24th January 2008.

3.	The Public Bill 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 that day.

6.	Standing Order No. 83B (Programming committees) 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 on any further messages from the

Lords) may be programmed.

Order of the Committee [8th JANUARY 2008]

That—

(1)	the Committee shall (in addition to its first meeting at 10.30 a.m. on Tuesday

8th January) meet—

(a)	at 4.00 p.m. on Tuesday 8th January;

(b)	at 9.00 a.m. and 1.00 p.m. on Thursday 10th January;

(c)	at 10.30 a.m. and 4.00 p.m. on Tuesday 15th January;

(d)	at 9.00 a.m. and 1.00 p.m. on Thursday 17th January;

(e)	at 10.30 a.m. and 4.00 p.m. on Tuesday 22nd January;

(f)	at 9.00 a.m. and 1.00 p.m. on Thursday 24th January;

(2)	the Committee shall hear oral evidence in accordance with the following

table:

TABLE

	Date	Time	Witness
	Tuesday 8th January	Until no later than 12.30 p.m.	Commission for Healthcare Audit
			and Inspection; Commission for
			Social Care Inspection; Mental
			Health Act Commission
	Tuesday 8th January	Until no later than 1.00 p.m.	Health Protection Agency
	Tuesday 8th January	Until no later than 4.40 p.m.	Lady Justice Smith
	Tuesday 8th January	Until no later than 5.20 p.m.	General Medical Council
	Tuesday 8th January	Until no later than 6.00 p.m.	British Medical Association
	Tuesday 8th January	Until no later than 6.30 p.m.	‘Which?’
	Tuesday 8th January	Until no later than 7.00 p.m.	Local Government Association
	Thursday 10th January	Until no later than 9.30 a.m.	National Childbirth Trust
	Thursday 10th January	Until no later than 10.25 a.m.	Department of Health

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Revised 17 January 2008