Clause 36 - Duty of NHS body to seek advice before providing accommodation
Mental Capacity Bill
9:30 am
Ms Rosie Winterton (Minister of State, Department of Health; Doncaster Central, Labour)
I can give the hon. Gentleman that assurance. We will also be considering annual reviews of accommodation.
Government amendments Nos. 229 and 234 ensure that all unbefriended people without capacity who move into hospitals or residential accommodation arranged or funded by the NHS or local authorities will have access to an independent consultee as soon as it becomes apparent that they are likely to be accommodated for longer than 28 days or eight weeks. When deciding on care arrangements, a health or social care professional may well consider at the start that the likely stay will be less than 28 days or eight weeks, but the period may turn out to be much longer. Under the Bill as drafted, P would not have the benefit of the independent consultee. The two amendments will put that right. I hope the Committee accepts them.
Amendment agreed to.
Amendments made: No. 229, in
clause 36, page 20, line 34, at end insert—
'( ) If the NHS body—
(a) did not seek advice from an independent consultee before making the arrangements because it was satisfied that subsection (2)(a) or (b) applied, but
(b) subsequently has reason to believe that the accommodation is likely to be provided for a continuous period—
(i) beginning with the day on which accommodation was first provided in accordance with the arrangements, and
(ii) ending on or after the expiry of the applicable period,
it must seek advice from an independent consultee.'.
No. 230, in
clause 36, page 21, line 4, at end insert—
'( ) ''Applicable period'' means—
(a) in relation to accommodation in a hospital, 28 days, and
(b) in relation to accommodation in a care home, 8 weeks.'.—[Ms Rosie Winterton.]
Question proposed, That the clause, as amended, stand part of the Bill.