Mrs Joan Humble (Blackpool North & Fleetwood, Labour)

I beg to move amendment No. 198, in clause 38, page 21, line 26, leave out beginning to end of line 32 and insert—

'The duty to identify and consult an independent advocate in relation to serious treatment or major changes in accommodation and support arrangements for P shall be considered discharged by the relevant authority where that authority has consulted and accepted the representations of either—

(a) a donee of a relevant lasting power of attorney created by P, or

(b) a deputy appointed for relevant purposes by the court for P, or

(c) a donee of a relevant enduring power of attorney (within the meaning of Schedule 4) created by P, or

(d) an independent advocate already recognised by the relevant authority as representing the interests of P'.

Mr James Cran (Beverley & Holderness, Conservative)

With this it will be convenient to discuss new clause 26—Exceptions—

'(1) The duty to identify and consult an independent advocate in relation to serious treatment or major changes in accommodation and support arrangements for P shall be considered discharged by the relevant authority where that authority has consulted and accepted the representations of either—

(a) a donee of a relevant lasting power of attorney created by P, or

(b) a deputy appointed for relevant purposes by the court for P, or

(c) a donee of a relevant enduring power of attorney (within the meaning of Schedule 4) created by P, or

(d) an independent advocate already recognised by the relevant authority as representing the interests of P.

(2) Subsection (1) does not apply if—

(a) an agreement between person P and D cannot be reached about a decision or action and where D is employed by an NHS body or local authority social services or D is contracted by an NHS body or local authority social services in respect of the provision of care and treatment for P, or

(b) there is a difference in view between person P and any person who is consulted under section 4(6) and the decision or action is the responsibility of an NHS or local authority social services or organisation contracted by an NHS body or local authority social services.'.

Mrs Joan Humble (Blackpool North & Fleetwood, Labour)

I am not entirely sure that I am able to move the amendment, but I seek the Committee's indulgence in speaking to new clause 26, which is linked to amendment No. 198.

Mr James Cran (Beverley & Holderness, Conservative)

For the avoidance of doubt, let me say that the hon. Lady can move the amendment.

Mrs Joan Humble (Blackpool North & Fleetwood, Labour)

I would have expected the hon. Member for Sutton and Cheam to do so, because he is a co-signatory to the amendment.

Mr James Cran (Beverley & Holderness, Conservative)

Order. We do not want to spend too much time worrying about that. Let us get on.

Mrs Joan Humble (Blackpool North & Fleetwood, Labour)

New clause 26, which was tabled by my right hon. Friend the Member for Coatbridge and Chryston, would make it clear that if P already had a donee, deputy or independent advocate, a public authority would not be under a duty to provide an additional independent advocate in relation to decisions about serious medical treatment or changes in accommodation. The new clause would be especially relevant if P was having problems or difficulties with family members and there might be a dispute. It would place a duty on the appropriate public authority to provide an independent advocate if agreement cannot be reached between P and a decision maker who was employed by the public authority, or if the public authority becomes aware of a dispute between carers and P involving the provision of local authority services.

The amendment reflects the fact that P can be equally vulnerable when there is a dispute among the people providing him with care, treatment and support. Clearly, each group caring for P has legitimate needs, pressures and concerns of their own: as was said earlier, social services departments may face resource pressures, and relatives have their own concerns and needs. However, the Bill is about P. P is the most important person. Again, I urge my hon. Friend the Minister to accept the importance of independent advocacy to resolving disputes. The Bill is a golden opportunity to do that, and new clause 26 strengthens the centrality of P and P's needs.

Ann Winterton (Congleton, Conservative)

I shall be very brief. Where there might be disputes among family members, we have said that we will look at the independent consultee service, and consult on whether it is appropriate to extend it into some of the areas that my hon. Friend has described. However, I believe that the amendment is unnecessary, and despite my hon. Friend's eloquent speech, I hope that she will consider withdrawing it.

Mrs Joan Humble (Blackpool North & Fleetwood, Labour)

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 38 ordered to stand part of the Bill.