Care Bill: Committee Stage, House of Commons

Briefing One - Briefing in support of amendment New Clause 3: Adult safeguarding access order

New clause 3, proposed by Paul Burstow MP's, seeks to introduce a power of access that would enable an authorised officer of the local authority to apply to a justice of the peace for an adult safeguarding access order in relation to an individual living in the local authority’s area. Before granting the application, the justice of the peace would need to be satisfied that the officer had reasonable cause to suspect the individual was at risk of abuse and that the order was required to enable the officer to enter the premises to speak with the person in private and assess whether they were at risk of abuse. The order would have to specify the premises and would be time limited; other conditions could also be attached.


Briefing Two - Briefing on amendment to delete Clause 48 - clarification on the application of the Human Rights Act 1998 to all regulated social care services

This briefing relates to Amendment 112, tabled by Norman Lamb MP, which reads as follows:‘Page 41, line 2: leave out Clause 48.’

Clause 48 was designed to clarify that the provision of regulated social care services are a public function within the meaning of the Human Rights Act 1998 and is a clause which the Commission supports.

In our legal analysis, home care services provided under contract to local authorities currently fall outside the scope of the Human Rights Act. This analysis is shared by leading members of the House of Lords who spoke in support of the original amendment, tabled by Lord Low of Dalson and which was carried by 247 votes to 218 with cross-party support.

The Commission welcomes the Care Bill’s aims of consolidating existing legislation and introducing provisions to address the findings of the Francis Inquiry. However, the effect of this amendment would be to increase the human rights risks faced by people who receive regulated home care services from private or third sector providers and jeopardise their opportunity for direct legal redress of human rights breaches. The Commission is therefore very concerned about the prospect of Clause 48 being removed. 

Download the full briefing (Word)

Last updated: 29 Jun 2016