Draft Care and Support Bill - Joint Committee on the Draft Care and Support Bill Contents

Appendix 3: Call for written evidence

The Joint Committee on the draft Care and Support Bill, chaired by Paul Burstow MP, is conducting pre-legislative scrutiny into the draft Bill and the policies it seeks to implement. The Joint Committee comprises 6 Members of the House of Commons and 6 Members of the House of Lords. It will take oral and written evidence and make recommendations in a report to both Houses. The Joint Committee invites interested organisations and individuals to send written submissions by 11 January 2013 as part of the inquiry.

The Joint Committee would appreciate any general views on the Government's policies on care and support, and on whether the draft Bill is adequate to achieve them, but would in particular welcome any evidence you may wish to contribute on the specific issues listed below. It is not necessary for your submission to address every question. The Joint Committee will also welcome other comments related to the draft Bill, even if not directly addressing the questions below.

Care and Support


1.  What is your view of Part 1 of the draft Bill (care and support)? In your view, are there omissions in this Part of the draft Bill?

2.  Has the Government made it clear what it aims to achieve in the draft Bill's provisions on care and support? In particular, will it be effective in clarifying the law on social care?

3.  The Government states in its White Paper that "the quality of care is first and foremost the responsibility of the provider". Does the draft Bill support this policy intention, and does it pay due attention to the responsibilities of commissioners and regulators for quality of care?

4.  Are there other ways of framing the draft Bill's underlying principle, that local authorities must promote an individual's well-being? Are there other principles that might be substituted for it?

5.  Does the draft Bill make sufficient provision to achieve the Government's stated goal of greater integration within the NHS and with care and support and housing?

6.  What benefits or problems may arise as a result of the draft Bill's scope being restricted to adult care and support?

7.  If it is found necessary to stage the implementation of the care and support provisions of the draft Bill, in what order should they be implemented?

8.  Are the provisions of the draft Bill in relation to the views of service users, carers and prospective users of services sufficient? Would you suggest any improvements to these provisions?

Responsibilities of local authorities

9.  What is your view of the financial and other implications for local authorities of the new care and support responsibilities set out in the draft Bill?

10.  What are the risks and benefits of the duty on local authorities to provide advice on adult care and support? Are they the same for the duty to provide information?

11.  How can local authorities ensure that the local care market provides enough care services to meet local needs? How can they encourage a diverse range of high-quality providers?

12.  Are the draft Bill's provisions adequate to ensure that service users are protected in the event of serious market failure among providers?

13.  The White Paper talks about "approaches that promote support within communities" and calls for the adoption of "asset-based" approaches. Is the draft Bill successful in embedding this approach, or should other preventative approaches be adopted?

Assessment and Eligibility for Social Care

14.  What are the risks and benefits associated with self-assessment for care and support as proposed in the draft Bill?

15.  What are the best ways to increase the numbers of people identified as carers? What are the risks and benefits of placing a duty on public bodies to identify carers?

16.  Do you consider that variable local charging regimes for services are compatible with national eligibility criteria, and any future funding changes involving capping individual financial liability?

17.  The White Paper says that assistance with care and support needs will be subject to a reasonable charge. Do the charging provisions in the draft Bill reflect this policy intention, and is the policy intention clear?

18.  Are the arrangements for setting and enforcing national minimum standards for care and support clear? What part should the new social care quality standards developed by NICE play in supporting local authorities in discharging their new market shaping duties?

Care Planning and personal budgets

19.   Do the care and support plan provisions allow adequately for input from service users and carers?

20.  Does the draft Bill make adequate provision to help people achieve personalised care and support and to manage the payment process?

21.  The White Paper says that commissioning practices which put tight constraints on how care and support is provided - so-called 'care by the minute' - are unacceptable. Does the draft Bill have a part to play in addressing such practices, and if so how?

Adult safeguarding

22.  To what extent do the safeguarding provisions ensure that all those at risk are adequately protected, and should these provisions be extended in any way?

23.  Does the draft Bill strengthen corporate accountability for neglect and abuse? What would be the risks and benefits of creating a new offence of corporate neglect?

Transition from children's care and support services

24.  Will the draft Bill's provisions smooth transition from child to adult services, and should they be extended in any way?

Discharge of hospital patients with care and support needs

25.  Does the draft Bill promote greater integration between health, social care and housing around hospital discharge?

Health Provisions


26.  What is your view of Part II of the draft Bill (health)? In your view, are there any omissions in this part of the Bill?

Health Education England

27.  Are the powers envisaged in the draft Bill for Health Education England sufficient, especially in relation to long-term workforce planning? Does the draft Bill set out HEE's powers clearly, along with its relationships with other bodies, especially the Local Education and Training Boards?

28.  Are the proposed arrangements for the governance and accountability of HEE and the LETBs robust enough?

29.  Is the Government's goal of greater integration within the NHS and with care and support facilitated by the HEE provisions?

Health Research Authority

30.  Will the powers envisaged for the Health Research Authority be effective, and is there a risk of conflict between transparency in the publication of research results and patient confidentiality?

Human Fertilisation and Embryology Authority and Human Tissue Authority

31.  What are the risks and benefits of the provisions in the draft Bill on the Human Fertilisation and Embryology Authority and the Human Tissue Authority?

previous page contents next page

© Parliamentary copyright 2013
Prepared 19 March 2013