Ann Winterton (Congleton, Conservative)

I beg to move amendment No. 231, in clause 37, page 21, line 14, leave out from 'with' to end of line 14 and insert '—

(a) section 21 or 29 of the National Assistance Act 1948 (c.29), or

(b) section 117 of the Mental Health Act,

as the'.

The amendment is designed merely to extend the duty of a local authority to seek the advice of an independent consultee before providing accommodation for two important groups of people. We have listened carefully to what interested groups have had to say about the independent consultee and the need to widen the provisions, hence the amendment.

We want the safeguard to apply to people moving into hostels, and to people providing accommodation in relation to those discharged from detention under the Mental Health Act. Clause 37 currently applies to residential accommodation as defined in section 31 of the National Assistance Act 1948, which covers a wide range of accommodation that a local authority may assess as being appropriate to meet the care needs of people who lack mental capacity. That accommodation consists of: care homes, including those in which nursing is provided; ordinary and sheltered housing; housing association or other registered housing; and private sector housing provided by a local authority. However, it does not include hostel accommodation. The amendment will ensure that people who lack capacity benefit from the support of an independent consultee if they move into hostel accommodation, just as they would in the other types of accommodation that I mentioned.

Secondly, when people are discharged from detention, they are assessed for aftercare services, which may result in a proposed move to accommodation provided under section 117 of the Mental Health Act. That is the same sort of accommodation as that mentioned in the National Assistance Act 1948, and we want the independent consultee to be involved in such decisions. Having clarified that for the Committee, I hope that hon. Members feel able to accept the amendment.

Amendment agreed to.

Amendments made: No. 232, in clause 37, page 21, line 16, at end insert—

'( ) This section does not apply if P is accommodated as a result of an obligation imposed on him under the Mental Health Act.'.

No. 233, in clause 37, page 21, line 18, after 'interests', insert

'and, in particular, as to the matters mentioned in section 4(5)'.

No. 234, in clause 37, page 21, line 21, at end insert—

'( ) If the local authority—

(a) did not seek advice from an independent consultee before making the arrangements because they were satisfied that subsection (3)(a) or (b) applied, but

(b) subsequently have reason to believe that the accommodation is likely to be provided for a continuous period that will end 8 weeks or more after the day on which accommodation was first provided in accordance with the arrangements,

they must seek advice from an independent consultee.'.—[Ms Rosie Winterton.]

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