Clause 52 - Disregarding of resources when determining need for residential accommodation
Health and Social Care Bill
9:00 pm
Mr Paul Burstow (Sutton and Cheam, Liberal Democrat)
I beg to move amendment No. 293, in page 45, line 34, after `person', insert—
( ) a local authority shall not consider care and attention to be otherwise available if the person is not willing or not able to make their own arrangements and there is no one else both willing and able to do so on their behalf; and
( )'.
The amendment aims to ensure that everyone who needs residential or nursing care in a residential setting has access to an assessment of his or her needs and can, if desired, avail himself or herself of the services of the local authority in negotiating a contract with the care home provider. The evidence that has been gathered in studies such as the Nuffield Foundation's report on capital offences and the Office of Fair Trading's 1998 report, ``Older People as Consumers in Care Homes'', shows that those with assets of more than £16,000, or in future probably £18,000 are being denied an assessment of their care needs, an appropriate package and an appropriate placement with the support of the local authority.
That has nothing to do with who pays, but everything to do with ensuring that the appropriate standard of care is provided and that everyone has access to a social services assessment of their needs. The amendment is reasonable, and I hope that if the Minister cannot accept its precise words, he can accept its spirit. I hope that he can give us some assurances that everyone is entitled to an assessment, regardless means, and that everyone is entitled to ask for support from a local authority to secure a contract for a placement in an appropriate care setting to meet those needs.