moved Amendment No. 78:"Page 3, line 21, after ““services”” insert ““or through direct payments or individual budgets””"
The noble Baroness said: In moving Amendment No. 78, I should also like to speak to Amendments Nos. 94, 95 and 110. They deal with concerns that have been raised by Action on Elder Abuse and Age Concern. The amendments have been tabled to ensure that all direct payment users have access to the same protection as people who have their care arranged by the local authority.
Obviously I am very happy to acknowledge policies which encourage and support independence, and direct services are designed to do just that. But some people, particularly very frail people, may not be as well protected as they should be. When organising their own services they may not be aware of the vetting and barring safeguards that the Bill introduces. The local authority should have a duty to inform people organising their own care about the lists so that they can, if they wish, check the lists before granting employment.
It is also important that the local authority should have a further duty to carry out the checks when a person who is particularly vulnerable and frail requires assistance. The Bill should make provision for the introduction of further regulations applying to direct payments if, following the proposals in the recent health and social care White Paper, direct payments are extended to people who are unable to direct their own care for reasons of reduced capacity. Notifying an individual should be part and parcel of the Bill; if that is not done, it should be an offence.
I turn to my last amendment, Amendment No. 110, which is an addition to the end of Clause 16. It provides that if an offence is committed under Clauses 9, 10 or 11 then directors or similar officers of the organisation as well as the organisation itself will have committed the offence. The amendment deals with corporate responsibility and individual responsibility. I think that it is important for those whom we are really addressing—the most vulnerable in our society. I beg to move.
Safeguarding Vulnerable Groups Bill [HL]
Proceeding contribution from
Baroness Greengross
(Crossbench)
in the House of Lords on Wednesday, 3 May 2006.
It occurred during Debate on bills
and
Committee proceeding on Safeguarding Vulnerable Groups Bill [HL].
Type
Proceeding contribution
Reference
681 c231-2GC 
Session
2005-06
Chamber / Committee
House of Lords Grand Committee
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