Health and Social Care Bill

I support this amendment, on which I shall make a couple of points. I do so as a commissioner on the Equality and Human Rights Commission. I am particularly pleased to see that Amendment No. 38 would bring private care homes within the scope of the Act where social services have arranged the care, but I hope that the Government will not miss this legislative opportunity to clarify when private care homes will be subject to the Act and to take into account the most vulnerable people with the greatest needs, such as those suffering from dementia, who are placed in care homes by the NHS. They are either totally funded by the NHS, which is a statutory function under Section 3 of the National Health Service Act 2006, or they fund their own social care and accommodation with their registered nursing care being funded by the NHS, also under Section 3 of the 2006 Act. It is important that the Government should include both NHS and social care services in order to avoid any more ambiguity. I say that because ambiguity and confusion have been the name of the game for a long time. While it is welcome that the Government are going to tackle the problem of YL and the Leonard Cheshire case, it is important that no more loopholes are left once that has been done. It would be excellent if the Minister could assure us that both areas will be covered.