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
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?
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?
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?
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?
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?
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
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
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?
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?
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?
the draft Bill's provisions adequate to ensure that service users
are protected in the event of serious market failure among providers?
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
are the risks and benefits associated with self-assessment for
care and support as proposed in the draft Bill?
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?
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?
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
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
the care and support plan provisions allow adequately for input
from service users and carers?
the draft Bill make adequate provision to help people achieve
personalised care and support and to manage the payment process?
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?
what extent do the safeguarding provisions ensure that all those
at risk are adequately protected, and should these provisions
be extended in any way?
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
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
the draft Bill promote greater integration between health, social
care and housing around hospital discharge?
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
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?
the proposed arrangements for the governance and accountability
of HEE and the LETBs robust enough?
the Government's goal of greater integration within the NHS and
with care and support facilitated by the HEE provisions?
Health Research Authority
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
are the risks and benefits of the provisions in the draft Bill
on the Human Fertilisation and Embryology Authority and the Human