Ms Rosie Winterton (Minister of State, Department of Health; Doncaster Central, Labour)

Clause 36 deals with the duty of a national health service body to seek the advice of the independent consultee when it proposes to move an unbefriended person who lacks capacity into or between a hospital or care home. Clause 37 places a similar duty on local authorities.

Amendments Nos. 228 and 230 have been introduced to clarify the fact that all unbefriended people without capacity who move into care homes or residential accommodation arranged or funded by either the NHS or local authorities will have access to an independent consultee after eight weeks.

Clause 36(2) provides that the independent consultee safeguard applies unless the accommodation arranged or provided by the NHS is likely to be for a continuous period of less than 28 days. That includes accommodation in either a hospital or a care home. Under clause 37, which deals with accommodation provided by local authorities, the safeguard applies after eight weeks' residential accommodation. That means that we have two different time periods for people who may be in the same accommodation.

Two identical patients could end up in residential care homes, one placed by an NHS body and one placed by a local authority. One would have an independent consultee if the period was expected to be more than 28 days, whereas the other would have an independent consultee only if the period was more

than eight weeks. We cannot justify that distinction. The amendments therefore bring the time limit under clause 36 in line with clause 37 for all people in care homes or residential accommodation. The time limit will remain at 28 days for people in hospitals.

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