Local Involvement Networks (Duty of Services-Providers to Allow Entry) Regulations 2008

I am grateful for the comments of the noble Earl and the noble Baroness who have been very helpful in driving this forward. I am delighted to be able to respond. I feel some responsibility for his not getting here on time because I promised that I would let him know when this business was to start, but my noble friend took only five minutes when he spoke before me. I shall address the specific questions that were raised. The noble Earl asked about private care and what was the duty on independent providers to allow entry to authorised representatives. Local authorities, NHS trusts, SHAs and PCTs must ensure that their contracts with independent providers allow for LINks’ authorised representatives to enter and view and to observe the carrying on of activities on premises that are owned and controlled by the independent provider. The activities must be in line with arrangements under Section 221(2) of the Local Government and Public Involvement in Health Act. There was a question about how the power to enter and view would work. It will partly be about the way in which the LINks are trained so that they are aware of their powers. The behaviour required during a visit, which will be about treating the staff and patients with courtesy, ensuring that dignity and privacy are maintained at all times and being unobtrusive when it is appropriate—for instance, being prepared to wait when a procedure is being carried out or moving elsewhere to enable to such a procedure—will be included in the code of ethics. On the question of what access LINks will have—for example, to a kitchen—yes, there will be such access. In some cases, authorised representatives can visit premises where hospital accommodation is provided and so would be able to visit kitchens and toilets where they are part of the hospital accommodation. We believe it is very important that LINks representatives have access to everywhere that patients and the users of a service can go so that they can assess the experience. I hope that satisfies the Committee on that point. On why LINks representatives should not enter premises when services are not being carried out, that is related to the fact that there are no activities. Their job is to observe the process and procedures and the experience of the patients. If somewhere is empty, they will not be able to observe the patient’s experience. Patient forums will cease to exist on 31 March, but many members, as the Committee might anticipate, are involved in the planning of the new system, as are many other individuals and community groups. We believe that the transitional period might last six months, which is about right. That was a matter of some discussion. After careful consideration and discussion, we felt that it was more appropriate to specify this in regulations rather than in the Act itself. All the parties concerned have advised on the period, and six months will provide the right amount of time for the vast majority of local authorities, if not all of them, to have their LINk arrangements in place. It is important that that extra time enables local people, particularly the voluntary and community sector which will be active in this, to become aware of the opportunities afforded by LINks and to get involved with them. However, we think a safety net is also necessary in case there is any untoward delay. With that in mind, we have made regulations that specify the duration of the transitional arrangements, thus allowing us to extend the period in the unlikely event that that is needed. Nothing about that change penalises local authorities that have made excellent progress toward setting up their own LINks. The LINks will allow people operating the transitional arrangements to have the same powers as under the permanent arrangements. Questions were asked about how the LINks are to be set up. They are to be networks of interested individuals as well as local user groups and voluntary and community sector organisations. So far it looks as though there is a great deal of interest. They will be based around the area of each local authority with social services responsibility. Every LINk will need to reflect the area for which it is responsible and, as such, its membership and structure will need to be appropriately determined for that area. They will be able to include organisations that have county-wide remits as well as small GP practice-based user participation groups that wish to promote and feed their interest and views into a more strategic commissioning level. I have already dealt with the power to enter. What LINks can do and not do is a balance; for example, it would not be appropriate for LINks members to enter an operating theatre during surgery or to enter services outside opening hours. Those limitations are to cover that area. I shall close by saying that the duties on service providers to allow authorised representatives of LINks to enter and view premises where health and social care services are being provided is an integral activity which will enable the LINk to carry forward its policies and to make a real difference to the lives of citizens who use or know someone who uses those services. As I said earlier, that duty will ensure that LINks empower local communities to have a stronger voice in the process of commissioning health and social care and will enable them to truly influence important decisions about those services that we all use and pay for. On Question, Motion agreed to.