Health and Social Care Bill
Memorandum submitted by the National Associaton of LINk Members (HS 33)
Proposed amendments to the Health and Social Care Bill
Public Involvement, Local Government and Commissioning
1) Members of the board of Healthwatch England should be elected from the membership of local Healthwatch
166 (2) (1A) PAGE 138
Line three: delete "appointed" and substitute: "elected from local Healthwatch"
2) Healthwatch England should be able to make recommendations to the CQC in addition to giving the CQC advice and assistance
166 (2) (1B) PAGE 138
Line six: between "advice" and "or" insert: ", recommendations"
45 A Functions to be exercised by Healthwatch England
(3)
Line 29: after "information" add: ", recommendations"
Line 29: after "advice" delete "on" and substitute "in relation to"
3) Healthwatch England must deal with both health and social care issues
(3) (a) PAGE 138
Line 30: after "health" add: "and/"
4) The CQC should be included together with the Secretary of State, the NHS Commissioning Board, Monitor and English local authorities as key bodies to receive information, advice and recommendations from Healthwatch England about the views of people and Healthwatch on health and social care services.
(4) PAGE 138
After Line 38: add:
(b) the Care Quality Commission;
5) The CQC, Secretary of State, the NHS Commissioning Board, Monitor and English local authorities should not only respond to matters raised by Healthwatch England but should say what action they intend to take
Line 44: add: after "advice" PAGE138
"and any action it intends to take".
6) Healthwatch England must provide the CQC with information, advice and recommendations about the views of people and local Healthwatch on health and social care services. May is too weak.
45A (6) PAGE 139
Line 1: Delete "may" and substitute "must"
7) Reports produced by Healthwatch England must be distributed to local Healthwatch in addition to Parliament and the Secretary of State.
PAGE 139
45B Reports
(2)
Line 22
Add: (c) "send a copy of each such report to each local Healthwatch"
8) If the Secretary of State intends to take action against Healthwatch England for failing in its statutory duties, local Healthwatch should be consulted before any directions are issued.
PAGE 139
(5)
Line 41
Add: "and shall consult local Healthwatch before issuing such directions."
9) As local Healthwatch will be a ‘body corporate’ it should be clearly stated that the activities of local Healthwatch unambiguously derive from their duties and not secondarily from the duties of the local authority.
168 Activities relating to local care services
After line 37: PAGE 140-141
New (2)
(2) In subsection (2), omit the heading: "The activities for a local authority are –"
Substitute:
"The activities of the local Healthwatch in the area of the local authority are-"
Line 38
Renumber (2) to (3)
10) The role of local Healthwatch in making recommendations to Healthwatch England or the CQC needs to be strengthened.
(3) (g) PAGE 141
Line 9
After "about" Add: "the need to conduct"
11) Members of local Healthwatch must have indemnity so that they can speak out freely and take part in all activities required to fulfil their duties.
After Line 17: PAGE 141
Insert: (6) The Secretary of State may by regulations make provision requiring Healthwatch England to make arrangement under this section, for members of local Healthwatch to have indemnity cover against the risk of a claim in negligence arising out of the activities of local Healthwatch.
12) Local Healthwatch must not be the same organisation as a Host, local authority, an NHS Trust, Foundation Trust, Primary Care Trust, Strategic Health Authority or Commissioning Consortium.
Line 27 PAGE 141
Delete "Omit subsection (4)."
Substitute:
(4) In subsection (4) Add (h) Commissioning Consortia
13) The Independent Advocacy Service should be provided at a level that meets local need.
PAGE 142
170 Independent advocacy services
(1), (1)
Line 24
After "appropriate" add "in relation to the needs of people"
14) The Independent Advocacy Service should provide a service for people with complaints about social care and complaints about health care.
After Line 30 PAGE 142
(b) after (2) add: and section 114 (1) and (2)
15) Commissioning Consortia must be added to the local bodies that are required to provide information to local Healthwatch and respond to their reports and recommendations.
PAGE 144
171 Requests, rights of entry and referrals
After Line 6 insert
‘In subsection (2) (of para 224) after (d) add
(e) Commissioning Consortia
and change the current (e) to (f).
16) Commissioning Consortia must be added to the local bodies that are required to enable local Healthwatch to again access to services for the purpose of enter, view and observe the carrying on of health and social care activities.
PAGE 144
After Line 20 add:
In subsection (7) (of para 225) after (d) add:
(e) Commissioning Consortia
and change the current (e) to (f)
17) The NHS Commissioning Board will promote a duty of candour when an adverse event, incident or error has occurred in the care or treatment of patients.
Chapter A1 The NHS Commissioning Board
13D, (3) PAGE 16
Insert: (d) patients have been informed when an adverse event, incident or error has occurred in their care or treatment.
18) The NHS Commissioning Board shall secure the involvement of individuals and local Healthwatch in commissioning decisions, and strengthen involvement.
Chapter A1 The NHS Commissioning Board
13L, (2), PAGE 18
Line 20: after "that" insert: "local Healthwatch and"
Line 21: delete: "whether"
Line 22: delete the first and second "or" and replace both by "and".
19) Commissioning Consortia shall secure the involvement of individuals and local Healthwatch in commissioning decisions, and strengthen involvement.
Chapter A2 Commissioning Consortia
Public involvement 14P, PAGE 30-31
Line 42: after "that" insert: "local Healthwatch and"
Line 43: delete: "whether"
Line 44: delete the first and second "or" and replace both by "and".
February 2011
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