With this it will be convenient to discuss the following:
New clause 2—Review of the case for establishing a commissioner for older people in England
‘(1) The Secretary of State shall establish an independent review of the case for establishing a statutory office of Commissioner for Older People in England.
(2) The review will consider the—
(a) increasing diversity of the older population in England;
(b) UN Principles for Older Persons in 1991 (UN 1991) and other relevant developments in international policy on ageing;
(c) lessons from the establishment of such offices in Wales and Northern Ireland;
(d) balance of advocacy, investigatory and enforcement duties and powers to be granted to the office in statute;
(e) jurisdiction of the office in relation to other public bodies;
(f) relationship of the office to Ministers;
(g) accountability of the office to Parliament;
(h) appointment of the office holder;
(i) human and financial resources necessary to support the office; and
(j) any other matters the Secretary of State sets out in the terms of reference of the review.
(3) The review will report and make recommendations to the Prime Minister, Deputy Prime Minister, Chancellor of the Exchequer and the Secretary of State by December 2014.’.
New clause 3—Duty to identify carers
‘Each NHS body in a local authority’s area, as defined in section 6(8), shall co-operate with the local authority to ensure that effective procedures exist to identify patients who are or are about to become carers and make arrangements for carers to receive appropriate information and advice.’.
New clause 4—Local authority duty to make reasonable charges
‘Where a local authority that meets an individual’s needs under sections 18 to 20 of Part 1 of this Act is satisfied that the individual’s means are insufficient for it to be reasonably practicable for the individual to pay the amount which would otherwise be charged, the authority shall not require the individual to pay more for it than it appears to them that it is reasonably practicable to be paid.’.
New clause 5—Portability of care
‘(1) The Secretary of State must prepare a report containing an assessment of what primary or secondary legislation would be required to ensure people in receipt of care and support in the community in the UK receive continuity of such care and support if they change their place of residence, with particular reference to moves between countries of the United Kingdom.
(2) The report under subsection (1) must be laid before each House of Parliament six months after this Bill receives Royal Assent.’.
New clause 7—Independent review of future demand for social care and healthcare
‘(1) The Secretary of State shall make arrangements for an independent review of, and report on, the likely demand for adult social care, public health and healthcare services in England over the next twenty years.
(2) The objective of the review mentioned in subsection (1) shall be to identify the key factors determining the financial and other resources required to ensure that social care and health functions as a cost effective, high quality, equitable, integrated and sustainable single system which—
(a) promotes individual well-being (as defined in Part 1 of this Act),
(b) enables access to be determined on the basis of need, and
(c) can meet forecast demand.
(3) The arrangements for the conduct of review shall include provision for a fully integrated modeling and analysis of health and social care including examination of—
(a) the technological, demographic and health status trends over the next two decades that may inform or affect demand for adult social care and health services;
(b) the inter-dependencies between adult social care, public health and healthcare and the appropriate balance between different types of intervention, in particular between:—
(i) health and social care,
(ii) primary and secondary care,
(iii) physical and mental health, and
(iv) treatment and prevention; and
(c) any other matter that the Secretary of State sets out in the review‘s terms of reference.
(4) The Secretary of State shall lay before each House of Parliament a copy of an interim report on emerging themes and trends identified by the first such review by the end of November 2014 and make arrangements for a consultation process to be undertaken in relation to those interim findings.
(5) The Secretary of State shall lay before each House of Parliament a copy of the final report by the end of July 2015.
(6) At no more than five year intervals, the Secretary of State shall make arrangements for the updating of the report of the review mentioned in subsection (1) with the same objective and approach as mentioned in subsections (2) and (3), and including such matters as are provided for in paragraph (3)(c), and shall prepare and lay before each House of Parliament a report on the outcomes.
(7) The Secretary of State shall prepare and lay before each House of Parliament, as appropriate, a statement on the extent to which the reports mentioned in subsections (1) and (6) inform the Government‘s wider fiscal and economic strategy and decisions in each public spending review.’.
New clause 9—Reporting on the funding for new costs arising from the Care Act
‘(1) The Joint Care and Support Reform Programme Board must inform the Secretary of State by an annual written report that it is satisfied whether sufficient funding is in place to ensure that social care is adequately funded and that the provisions in the Act can be implemented satisfactorily.
(2) In subsection (1), the “Joint Care and Support Reform Programme Board” means the board of that name consisting of representatives of (but not limited to): the Local Government Association, the Association of Directors of Adult Social Services and the Department of Health.
(3) The report mentioned in subsection (1) should include a statement of the satisfaction of the Joint Care and Support Reform Programme Board with (but not limited to)—
(a) adequacy of the funding of the provisions in this Act,
(b) on-going costs of implementation,
(c) an additional five yearly review of the short and medium term cost of setting the eligibility criteria at the level set out in regulations.’.
New clause 11—Provision of certain care and support services to be public function
‘(1) A person (“P”) who provides regulated social care for an individual under arrangements made with P by a public authority, or paid for by a public authority, is to be taken for the purposes of subsection (3)(b) of section 6 of the Human Rights Act 1998 (acts of public authorities) to be exercising a function of a public nature in doing so.
(2) This section applies to persons providing services regulated by the Care Quality Commission.
(3) In this section “social care” has the same meaning as in the Health and Social Care Act 2008.’.
New clause 13—Deferred payment data
‘The Health and Social Care Information Centre shall make arrangements to collect and publish data including, but not limited to—
(a) the number of individuals entering into a deferred payment arrangement,
(b) the proportion of those individuals who received—
(i) regulated financial advice,
(ii) other forms of advice, and
(iii) no advice
before entering into a deferred payment arrangement,
(c) the average length of time a deferred payment arrangement is held,
(d) the numbers of individuals holding such arrangements broken down by different periods of time held, and
(e) the amount of money deferred under such arrangement.’.
New clause 15—National framework for local authority fees for care providers
‘(1) The Secretary of State shall establish an indicative national formula with which local authorities shall determine the costs of care provision in their area.
(2) In having regard to the matters mentioned in section 5(2)(b), a local authority must derive fee levels for independent providers of care and support services from the formula mentioned in subsection (1).
(3) The Secretary of State shall make arrangements for the audit of local authority fee levels to determine their compliance with the duty mentioned in subsection (2) and the extent to which this contributes to the effective delivery of the requirements of section 5(2), with particular reference to paragraphs (b), (d), (e) and (f).
(4) The formula in subsection (1) shall be made by regulations laid in pursuance of section 123(4) of this Act.’.
New clause 17—Duty to review economic, financial and other factors affecting provision of care services
‘(1) The Secretary of State shall make arrangements for—
(a) a review of the economic and financial factors affecting the employment (including recruitment, training and development, effective deployment and retention) of care workers and the extent to which current policies, mechanisms and relevant compliance by regulated providers of care services make it more or less likely that the objectives of this Act will be realised; and
(b) a public consultation on the conclusions and recommendations of the review.
(2) The Secretary of State shall lay a report of the review and public consultation before each House of Parliament by 1 September 2014.’.
New clause 18—Impact of working conditions on quality of care
‘(1) In exercising their functions under Part 1 local authorities must assess and consider how working conditions for people employed in care and support services impact on the fulfilment of local authority duties under Part 1 of this Act.
(2) “Care and support services” means—
(a) services provided by a local authority; and
(b) services commissioned by a local authority.
(3) Regulations may specify particular matters local authorities must have regard to in relation to subsection (1).’.
New clause 19—Promoting health of carers
‘(1) In exercising their functions health bodies shall—
(a) promote and safeguard the health and well-being of carers;
(b) ensure that effective procedures exist to identify patients who are or are about to become carers;
(c) ensure that appropriate systems exist to ensure that carers receive appropriate information and advice; and
(d) ensure that systems are in place to ensure that the relevant general medical services are rendered to their patients who are carers.’.
New clause 20—Local authorities: duties with respect to young carers
‘(1) A local authority must ensure that it takes all reasonable steps to ensure that in relation to—
(a) any school within its area and under its control; and
(b) any functions it discharges in pursuance of its responsibilities as a children’s services authority, there is in place a policy that both identifies young carers and makes arrangement for the provision of support for pupils who are young carers.
(2) In discharging its duty under subsection (1), a local authority must have regard to any guidance given from time to time by the Secretary of State.’.
New clause 21—Further and higher education: duties with respect of student carers
‘(1) The responsible body of an institution to which this section applies must identify or make arrangements to identify
student carers and have a policy in place on providing support for student carers.
(2) This section applies to—
(a) a university;
(b) any other institution within the higher education sector; and
(c) an institution within the further education sector.
(3) A responsible body is—
(a) in the case of an institution in subsection (2)(a) or (b), the governing body;
(b) in the case of a college of further education under the management of a board of management, the board of management; and
(c) in the case of any other college of further education, any board of governors of the college or any person responsible for the management of the college, whether or not formally constituted as a governing body or board of governors.’.
New clause 22—Duty for Financial Services Consumer Panel
‘(1) The Financial Services Consumer Panel at the Financial Conduct Authority shall have a duty to review the availability, quality, adequacy and effectiveness of financial advice being provided to care users and their families on the implications of the relevant provisions of this Act, and make an annual report thereon to the Secretary of State containing recommendations for steps to take to remedy any deficiencies identified by the Panel.
(2) The Secretary of State shall lay a copy of the report mentioned in subsection (1) before each House of Parliament. The first such report must be so laid within 12 months of this Act receiving Royal Assent.’.
New clause 23—Financial advice for care users: qualification to provide
‘(1) The Financial Conduct Authority shall prepare and conduct a review of the implications of the relevant provisions of this Act for—
(a) training and development; and
(b) the level of the required qualifications
for advisers seeking licences to provide financial advice to care users and their families.
(2) The Authority shall submit a report of the findings of the review mentioned in subsection (1) to the Secretary of State, along with recommendations.
(3) The Secretary of State shall lay a copy of the report mentioned in subsection (2) before each House of Parliament. The first such report must be so laid within 12 months of this Act receiving Royal Assent.’.
New clause 24—Public awareness
‘(1) Local authorities shall have a duty to prepare, publish, consult on and implement a plan for raising and maintaining awareness amongst the residents of their areas of the arrangements for social care, and in particular of any changes to such arrangements brought about by Part 1 of this Act.
(2) The Secretary of State shall prepare and lay before each House of Parliament an annual report on the level of public awareness and understanding of the arrangements for social care, in particular—
(a) awareness and understanding of the changes brought about by the provisions of this Act; and
(b) the effectiveness of local authorities’ implementation of their plans for raising public awareness in their areas.’.
New clause 26—Declassification of a police station as a place of safety for the purposes of section 136 of the Mental Health Act 1983
‘(1) The definition of a place of safety in section 135(6) of the Mental Health Act 1983 shall no longer be read to include a police station for the purposes of section 136 of that Act.
(2) With regard to persons removed to a place of safety under section 136(1) of the Mental Health Act 1983, subsection (1) above shall have effect from—
(a) 1 April 2015, where such a person is aged 18 years or under; and
(b) 1 April 2017, where such a person is aged over 18 years.
(3) By 31 March 2015 the Secretary of State shall prepare and lay before each House of Parliament a report setting out the progress made by that date towards fulfilling the objective set out in subsection (1) above.’.
New clause 31—Register of persons who provide regulated social care
‘(1) Health Education England must make arrangements for the compilation, publication and maintenance of a register of persons as set out in section [Provision of certain care and support services to be public functions] who provide regulated social care for an individual under arrangements paid for by a public authority that have undertaken education and training in accordance with the duty set out in section 95.
(2) This duty may be delegated by HEE to Local Education and Training Boards established under section 101.’.
New clause 32—Funding and remuneration of home care workers
‘(1) The Secretary of State shall establish an independent review of the funding and remuneration of home care workers with a view to a report making recommendations regarding—
(a) hourly salary,
(b) remuneration of travel time,
(c) remuneration of travel costs,
(d) minimum time required properly to fulfil each of the care tasks and duties to be performed,
(e) establishment of an efficient means of recording arrival and departure times at residential settings, and
(f) the charging basis of the agency employing the care worker with a view to ensuring that all the costs of providing for (a) to (e) above are adequately met.
(2) The Secretary of State shall lay a copy of the report of the review mentioned in subsection (1) before each House of Parliament.’.
Amendment 26, in clause 1, page 2, line 5, at end insert—
(j) the right to living independently and being included in the community.’.
Amendment 21, in clause 5, page 6, line 2, leave out from ‘must’ to end of line 4, and insert—
‘(a) have regard to the need to ensure that sufficient services are available for meeting the needs for care and support of adults in its area and the needs for support of carers in its area; and
(b) ensure that the fee levels provided to independent providers for the delivery of care and support services are derived from a national formula which determines the accurate cost of care in each local authority area, the result of which will mean that the provisions of paragraphs (2)(b), (d), (e) and (f) can be delivered effectively.’.
Amendment 20, in clause 12, page 11, line 31, at end insert—
‘(aa) require the local authority, when carrying out the assessment, to capture an individual’s main and other disabling conditions.’.
Government amendments 1 and 2.
Amendment 31, in clause 24, page 22, line 39, at end insert—
‘(3A) The Secretary of State shall, after suitable consultation, establish by regulation a specified timeframe for the conclusion of the steps required of local authorities by virtue of this section.’.
Government amendment 3.
Amendment 32, in clause 27, page 25, line 8, leave out ‘keep under review generally’ and insert ‘review regularly’.
Amendment 33, page 25, line 42, at end insert—
‘(5A) The Secretary of State shall, after suitable consultation, establish by regulation appropriate arrangements and timetable for the regular review of care and support plans and of support plans by local authorities provided for in subsection (a).’.
Government amendments 4 and 5.
Amendment 27, in clause 42, page 38, line 24, at end insert—
‘(2A) There are different types of abuse, as defined in guidance.’.
Amendment 28, page 38, line 29, at end add—
‘(4) A relevant partner, as defined in section 6(7) has a duty, where it has reasonable cause to suspect a person is an adult at risk of abuse or neglect, and the adult appears to be within the local authority’s area, to inform the local authority of that fact.’.
Government amendments 6 and 14.
Amendment 22, in clause 76, page 69, line 33, after ‘adults’, insert ‘and children’.
Amendment 23, page 69, line 37, after ‘adults’, insert ‘and children’.
Amendment 24, page 69, line 42, after ‘adults’, insert ‘and children’.
Amendment 25, page 69, line 44, after ‘adults’, insert ‘or child’.
Government amendment 7.