Report (2nd Day)

Part of Care Bill [HL] – in the House of Lords at 6:15 pm on 14th October 2013.

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Photo of Baroness Campbell of Surbiton Baroness Campbell of Surbiton Crossbench 6:15 pm, 14th October 2013

My Lords, I thank noble Lords and the noble Baronesses, Lady Wheeler and Lady O’Loan, for speaking in support of my amendment. I warmly thank the Minister for his thoughtful reflections on my amendments and for tabling his amendments to meet some of my concerns—followed up at the last minute by a very good, timely review. Although I had hoped to see both my amendments on the statute book tonight, I am happy to acknowledge that the Government’s proposal is a ginormous step in the right direction to full portability. If it reduces the prospect of a cliff-edge scenario, it will achieve its purpose. I know that disabled people will feel encouraged to move instead of staying put.

Finally, I am grateful to the Minister and especially his officials for their positive approach to this issue, which I have raised in Committee and, quite frankly, over the past three years. We have burned a lot of midnight oil together and I have been very impressed by their efforts to find practical solutions. It bodes well for our continued collaboration on this landmark reform—and it is a landmark. Do not forget, we were tied to our local authorities since time began and this is the first time that disabled people will have the right to freedom of movement if they require support. I will be pleased to be involved in the regulations and of course I will be there. Frankly, you could not stop me. I beg leave to withdraw my Amendment 63ZA.

Amendment 63ZA withdrawn.

Amendment 63A

Moved by Earl Howe

63A: Clause 37, page 31, line 44, at end insert—

“(8A) Pending the adult’s move, the first authority must keep in contact with the second authority in order to ascertain the progress that the second authority is making in preparing to meet—

(a) any needs for care and support under section 18 or 19 in the adult’s case, and

(b) where the adult is proposing to have a carer immediately after the move, any needs for support under section 20 in the carer’s case.

(8B) The first authority must keep the adult (and, where applicable, the carer) informed about its contact under subsection (8A) with the second authority and must involve the adult (and, where applicable, the carer) in the contact.”

Amendment 63A agreed.

Clause 38: Case where assessments not complete on day of move

Amendment 63B not moved.

Clause 39: Where a person’s ordinary residence is

Amendments 64 to 67

Moved by Earl Howe

64: Clause 39, page 34, line 1, after “authority” insert “in England or the local authority in Wales”

65: Clause 39, page 34, line 2, at end insert “; and for that purpose—

(a) “local authority in England” means a local authority for the purposes of this Part, and

(b) “local authority in Wales” means a local authority for the purposes of the Social Services and Well-being (Wales) Act 2013”

66: Clause 39, page 34, line 3, leave out “accommodation under the National Health Service Act 2006” and insert “NHS accommodation”

67: Clause 39, page 34, line 10, at end insert—

“(5A) “NHS accommodation” means accommodation under—

(a) the National Health Service Act 2006,

(b) the National Health Service (Wales) Act 2006,

(c) the National Health Service (Scotland) Act 1978, or

(d) Article 5(1) of the Health and Personal Social Services (Northern Ireland) Order 1972.”

Amendments 64 to 67 agreed.

Schedule 1: Cross-border placements

Amendments 68 to 75

Moved by Earl Howe

68: Schedule 1, page 101, line 42, leave out “in a case within any of paragraphs 1 to 4”

69: Schedule 1, page 102, line 17, leave out “within” and insert “where there is a dispute about the application of”

70: Schedule 1, page 102, line 19, at end insert—

“( ) After subsection (10) of that section insert—

“(10A) A person who, as a result of Schedule 1 to the Care Act 2013 (cross-border placements), is treated as ordinarily resident in an area in England, Wales or Northern Ireland (as the case may be) is to be treated as ordinarily resident in that area for the purposes of this section.

(10B) A person who, as a result of that Schedule, is not treated as ordinarily resident anywhere in England or Wales (as the case may be) is not to be treated as ordinarily resident there for the purposes of this section.”

71: Schedule 1, page 102, line 24, at end insert—

“Provision of NHS accommodation not to affect deemed ordinary residence etc.

7A (1) In a case where, as a result of this Schedule, an adult is treated as ordinarily resident in an area in England, Wales or Northern Ireland (as the case may be), the adult does not cease to be so treated merely because the adult is provided with NHS accommodation.

(2) In a case where, as a result of this Schedule, an adult is not treated as ordinarily resident anywhere in England or Wales (as the case may be), the adult continues not to be so treated even if the adult is provided with NHS accommodation.

(3) In a case where, as a result of this Schedule, no duty under a relevant enactment applies, the duty does not apply merely because the adult in question is provided with NHS accommodation; and for this purpose “relevant enactment” means—

(a) Part 2 of the Social Work (Scotland) Act 1968,

(b) sections 25 to 27 of the Mental Health (Care and Treatment) (Scotland) Act 2003,

(c) the Health and Personal Social Services (Northern Ireland) Order 1972, or

(d) the Health and Social Care (Reform) Act (Northern Ireland) 2009.

(4) In a case where, as a result of paragraph 2(2), (4) or (7), an adult is treated as remaining within, or as remaining outside but ordinarily resident in, an area in Wales, the adult does not cease to be so treated merely because the adult is provided with NHS accommodation.”

72: Schedule 1, page 102, line 24, at end insert—

“Direct payments

7B (1) Regulations may provide for this Schedule to apply, with such modifications as may be specified, to a case where accommodation in England, Wales, Scotland or Northern Ireland is provided for an adult by means of direct payments made by an authority in another of the territories.

(2) The reference in sub-paragraph (1) to direct payments accordingly includes a reference to direct payments made—

(a) under section 34 or 36 of the Social Services and Well-being (Wales) Act 2013,

(b) as a result of a choice made by the adult pursuant to section 5 of the Social Care (Self-directed Support) (Scotland) Act 2013, or

(c) by virtue of section 8 of the Carers and Direct Payments Act (Northern Ireland) 2002.”

73: Schedule 1, page 102, line 24, at end insert—

“Particular types of accommodation

7C (1) Regulations may provide for this Schedule to apply, with such modifications as may be specified, to a case where—

(a) an adult has needs for care and support which can be met only if the adult is living in accommodation of a type specified in the regulations,

(b) the adult is living in accommodation in England, Wales, Scotland or Northern Ireland that is of a type so specified, and

(c) the adult’s needs for care and support are being met by an authority in another of the territories providing or arranging for the provision of services other than the accommodation.

(2) In section 5 of the Community Care and Health (Scotland) Act 2002 (the title to which becomes “Local authority arrangements for residential accommodation etc. outwith Scotland”), in subsection (1), at the end insert “or for the provision in England and Wales or in Northern Ireland of a service or facility of such other description as may be specified in the regulations”.

74: Schedule 1, page 103, line 14, at end insert—

“( ) “NHS accommodation” has the meaning given in section 39(5A).”

75: Schedule 1, page 103, line 40, at end insert—

“( ) In paragraph 7B, the reference to sections 34 and 36 of the Social Services and Well-being (Wales) Act 2013 is to be read as a reference to section 57 of the Health and Social Care Act 2001.”

Amendments 68 to 75 agreed.

Amendment 76

Moved by Baroness Greengross

76: After Clause 40, insert the following new Clause—

“Appealing decisions taken by the local authority

(1) The local authority must have in place a procedure, which includes a review element that is independent of the local authority, by which adults or carers can appeal a decision made by the local authority about—

(a) whether an adult or carer’s needs meet eligibility criteria under section 13,

(b) whether to charge for meeting needs under section 14,

(c) the result of a financial assessment under section 17,

(d) the content of a care and support plan or support plan under section 25,

(e) the amount of a personal budget made under section 26 or independent personal budget made under section 28,

(f) the payment of an “additional cost” under section 30.

(2) Regulations may make further provision about any aspect of the appeals procedure mentioned in subsection (1).

(3) Wherever a decision has been made of a type referred to in subsection (1), the local authority must make the adult or carer aware of their right to appeal the decision and how to request details of the appeals procedure. Details of the procedure must be made available on request.”