Schedule 5 - CHAI: supplementary

Part of Health and Social Care – in a Public Bill Committee at 10:30 am on 4 June 2003.

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Photo of Paul Burstow Paul Burstow Shadow Secretary of State for Health, Shadow Spokesperson (Health) 10:30, 4 June 2003

I beg to move amendment No. 431, in

schedule 5, page 110, line 35, at end insert—

'(4) The CHAI must consult and have regard to the advice of the Children's Rights Director under Schedule 6(5)(2).'.

The director of children's rights is a post currently established within the National Care Standards Commission which, it is proposed, will be replicated in the arrangements for the new Commission for Social Care Inspection. I hope to explore the Government's thinking about the director's relationship with CHAI, as there is a question mark over the transitional and long-term arrangements for the director's locus in relation to health care services, both in the NHS and, as things stand, in the private health care sector.

The Bill does not specifically provide for CHAI to consult the director of children's rights. It could be said that clause 49, which provides for CHAI to be concerned with

''the need to safeguard and promote the rights and welfare of children'', will address that issue. However, I urge the Government to think further and to take on board the opinion of many that the director of children's rights has proved to be an effective office in the NCSC. As a statutory body, the director is able to deal with issues that an employee of the organisation, who does not have a statutory position, does not always find it easy

to address. It is more difficult for employees to cut through the issues and to resolve problems to make progress on children's rights.

I hope that the Minister will not simply tell us that clause 116 will provide for that. It deals with issues relating to health care, audit inspection and co-operation with CSCI to ensure that the two bodies are discharging their functions in a way that is compatible and supportive of one another. However, it does not specifically address my concerns.

The directorship has existed on a statutory basis since the Care Standards Act 2000 established the NCSC. The post has helped to provide a clear and welcome focus for children's rights issues. As we move to other parts of the Bill, I shall talk about responsibilities in respect of vulnerable adults. I am concerned that because the Government are rearranging the architecture of regulation, they are moving the responsibility for regulating private health care from the NCSC to CHAI. At the moment, the NCSC is responsible for regulating health care in the private, independent and voluntary sectors. As a result, the director of children's rights can, within the commission, involve himself directly in the development of standards and services, and in the regulation of those services.

I am concerned, for example, about children's hospices, which will transfer to CHAI. The current director is visiting and consulting parents, children and providers before making proposals to develop child welfare standards. However, when the responsibility for regulating hospices transfers to CHAI, the director will no longer have a locus or an automatic right to express an opinion. In the amendment, we seek to include in the Bill something that is more than just a voluntary arrangement between the two commissions, by requiring CHAI to consult the director of children's rights and to ''have regard to'' his views.

The Committee has already discussed the meaning of the phrase ''have regard to'', and its use in the amendment does not mean that it would be mandatory for CHAI to follow the director's views. It would, however, mean that a dialogue would take place, that the director of children's rights would not be overlooked and that he could assert his right to be consulted by CHAI. I hope that the Minister will be able to reassure me on that point.

One mechanism for strengthening the provision is to ascertain the views of children during consultation on inspection methods, complaints procedures, and the response to complaints, and child protection and registration requirements. One of the invaluable elements in establishing a child-focused arrangement through the appointment of the director of children's rights is that the voice of children has been taken into account in the development of regulations. I applaud the Government for doing that, but I urge them to ensure that the Bill provides for that voice to be heard in health care as well.

My final point concerns whether the Government will accept the necessity for including children's rights in both CHAI and CSCI standards. My amendment is

intended to ensure that we do not lose what we already have in the inspection of private health care and in setting standards, and that we gain something in the process—the director of children's rights having responsibility in the NHS. I look forward to hearing the Minister's response.