Annex: Consolidated list of proposed amendments
to the Health and Social Care Bill
The amendments we have set out in this Report to
deal with the impact on the scope of the Human Rights Act of the
judgment by the Law Lords in the YL v Birmingham City Council
and others case and to implement recommendations in our previous
Report on older people in healthcare are collated below.
Scope of the Human Rights Act: private sector
care homes[38]
Certain regulated activities to be functions of
a public nature
To insert the following clause—
'A regulated activity under this Part shall be deemed
to be a function of a public nature for the purposes of section
6 of the Human Rights Act 1998 (c. 42) where it is performed wholly
or partly at public expense and pursuant to statutory powers.'.
Operation of health and social care providers:
human rights[39]
Clause 16, Page 7, Line 28, leave out "may"
and insert "shall".
Clause 16, Page 7, Line 32, after "safety"
insert ", rights".
Care Quality Commission: human rights framework[40]
Human rights framework for Commission
To insert the following clause—
'The protection and promotion of human rights shall
be central to the performance of the functions of the Commission.'.
Clause 2, Page 2, Line 26, after second "the"
insert "rights and".
Clause 42, Page 21, Line 2, after "quality"
insert "including, without limitation, respect for the rights
of any person"
Clause 90, Page 45, Line 12, at end insert—
'"rights" includes human rights under
the Human Rights Act 1998 (c. 42).'
Functions of the Commission: information about
human rights[41]
Clause 2, Page 2, Line 16, at end insert—
'(da) the need to improve the range and quality
of information provided by health care and social care services
to users of those services about their rights;'
Complaints[42]
Handling and consideration of complaints by the
Care Quality Commission
To move the following clause:—
'(1) Where a complainant is not satisfied with the
conduct or result of an investigation by a service provider regulated
under Part 1, he may request the Care Quality Commission to consider
the complaint in accordance with regulations made under this section.
(3) Before making regulations under this section,
the Secretary of State must consult such persons as the Secretary
of State considers appropriate.'.
Clause 150, Page 101, Line 37, at end insert—
"(e) regulations under section [Handling
and consideration of complaints by the Care Quality Commission]".
Clause 2, Page 2, Line 11, at end insert—
"(ba) the extent to which complaints about
the provision of health and social care by members of the public,
in particular users of health and social care services, are adequately
dealt with by the bodies it regulates,".
Advocacy[43]
Clause 2, Page 2, Line 11, at end insert—
"(bb) the availability and adequacy of advocacy
services relating to the bodies it regulates,"
Care standards[44]
Clause 41, Page 20, Line 5, leave out "may"
and insert "shall".
Clause 41, Page 20, Line 6, leave out "NHS"
and insert "health care and social".
Health and social care standards: content
To insert the following clause—
'(1) Standards set by the Secretary of State under
section 41 shall—
(a) expressly state that all persons for whom
health or social care services are provided are entitled to respect
for their rights and that service providers (registered in accordance
with Chapter 2) have a responsibility to respect such rights;
(b) require that service providers respect the
rights of persons for whom health or social care services are
provided;
(c) require that service providers provide their
staff, whether employed directly or indirectly, with appropriate
education and training in relation to respecting the rights of
service users;
(d) require service providers to specify and
publish the procedures for making a complaint by any person about
a regulated activity;
(e) require service providers to put in place
appropriate procedures for ensuring that any person who is aware
of any failure to respect any other person's rights in relation
to a regulated activity being conducted by that service provider
to report such a failure to a designated person;
(f) require service providers to ensure that,
where any person is being discharged from a health care service
to a social care service regulated under this Part, the rights
of such persons are fully respected; and
(g) require service providers to disseminate
the standards set under this Part which are applicable to them
to users of their services.
(2) The Secretary of State may prepare and publish
statements of standards in relation to the provision of health
care and social care dealing with matters other than those listed
in subsection (1).
(3) In this section, a "designated person"
is a person designated by a provider of health or social care
services to receive and resolve complaints. '.
Qualifications of health and social care professionals[45]
Clause 105, Page 51, Line 34, after "safety,"
insert "rights".
Clause 116, Page 63, Line 6, at end insert—
'(1A) The appropriate Minister shall by regulations
make provision in relation to awareness of, and training in, human
rights in accordance with this section.'.
Clause 118, Page 63, Line 37, at end insert—
'"rights" include human rights under
the Human Rights Act 1998;'.
Schedule 6, Page 130, Line 24, at end insert—
'(3A) The OHPA shall have regard to the desirability
of improving the awareness of, and training in, human rights of
its members.'.
Schedule 9, Page 154, Line 10, at end insert—
'(ea) awareness of, and training in, human
rights;'
38 Paragraph 1.18. Back
39
Paragraph 1.20. Back
40
Paragraph 1.28. Back
41
Paragraph 1.31. Back
42
Paragraphs 1.33 and 1.34. Back
43
Paragraph 1.37. Back
44
Paragraphs 1.41-1.43. Back
45
Paragraph 1.45. Back
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