Clause 67 - Continuity of services under other legislation

Care Bill [Lords] – in a Public Bill Committee am 12:30 pm ar 23 Ionawr 2014.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Norman Lamb Norman Lamb The Minister of State, Department of Health 12:30, 23 Ionawr 2014

I beg to move amendment 8, in clause 67, page 56, leave out lines 43 to 46 and insert—

“(1) Subsections (2) to (4) apply where a local authority in England providing services for a child in need in the exercise of functions conferred by section 17—

(a) are required by section 59(1) or 64(1) of the Care Act 2014 to carry out a child’s needs assessment or young carer’s assessment in relation to the child, or

(b) are required by section 61(1) of that Act to carry out a child’s carer’s assessment in relation to a carer of the child.’.

Photo of Hugh Bayley Hugh Bayley NATO Parliamentary Assembly UK Delegation, NATO Parliamentary Assembly (President)

With this it will be convenient to discuss Government amendments 9, 11, 13, 14 and 16 to 20.

Photo of Norman Lamb Norman Lamb The Minister of State, Department of Health

I come now to another group of minor and technical amendments. In the other place the Government tabled amendments to remove the requirement that transition assessments must be requested and to change the power to carry out a transition assessment  in certain circumstances into a duty to do so. Following those changes, officials realised that some references to “the requested assessment” still remained in the Bill, along with similar oversights. The amendments correct that issue. It is all in the pursuit of perfection.

The amendments do not change the substance of the Bill. We were always clear about our policy intentions when we tabled the amendments in the other place. They simply embody technical changes to ensure that the Bill fully reflects the intentions already agreed. I hope again that they are approved by hon. Members without the need to detain the Committee any longer.

Amendment 8 agreed to.

Amendments made: 9, in clause 67, page 57, line 1, leave out ‘requested’.

Amendment 10, in clause 67, page 57, line 3, after ‘60(6)’ insert ‘, 62(5A)’.

Amendment 11, in clause 67, page 57, line 7, leave out ‘requested’.

Amendment 12, in clause 67, page 57, line 9, after ‘60(6)’ insert ‘, 62(5A)’.

Amendment 13, in clause 67, page 57, line 15, leave out

‘decide to comply with the request but’.

Amendment 14, in clause 67, page 57, line 21, at end insert—

“(4A) Subsection (5) applies where a local authority in England providing services for a child in need in the exercise of functions conferred by section 17—

(a) receive a request for a child’s needs assessment or young carer’s assessment to be carried out in relation to the child or for a child’s carer’s assessment to be carried out in relation to a carer of the child, but

(b) have yet to be required by section 59(1), 61(1) or 64(1) of the Care Act 2014 to carry out the assessment.’.

Amendment 15, in clause 67, page 57, line 38, after first ‘assessment”,’ insert ‘“child’s carer’s assessment”,’.

Amendment 16, in clause 67, page 58, leave out lines 11 to 13 and insert—

“(1) Subsections (2) to (4) apply where a local authority in England making arrangements for a disabled child under section 2 are required by section 59(1) of the Care Act 2014 to carry out a child’s needs assessment in relation to the child.’.

Amendment 17, in clause 67, page 58, line 14, leave out ‘requested’

Amendment 18, in clause 67, page 58, line 20, leave out ‘requested’

Amendment 19, in clause 67, page 58, line 27, leave out

‘decide to comply with the request but’

Amendment 20, in clause 67, page 58, line 33, at end insert—

“(4A) Subsection (5) applies where a local authority in England making arrangements for a disabled child under section 2—

(a) receive a request for a child’s needs assessment to be carried out in relation to the child, but

(b) have yet to be required by section 59(1) of the Care Act 2014 to carry out the assessment.’.—(Norman Lamb.)

Photo of Norman Lamb Norman Lamb The Minister of State, Department of Health

I beg to move amendment 21, in clause 67, page 59, line 6, leave out subsection (4).

This is another minor and technical amendment, which I hope that we can deal with quickly. The amendment will make a small change on a point of legal technicality in the way that the Bill refers to children’s legislation. We are simply updating the Care Bill to reflect amendments made to the Children and Families Bill. I am sure that hon. Members will join me in welcoming the changes to the Children and Families Bill, which we have already discussed: making it easier for young carers to get an assessment; in support of whole family approaches, in line with the provisions in the Care Bill; and to protect young people from inappropriate or excessive caring roles. Amendment 21, however, is simply a technical update to reflect the legal apparatus behind those changes. I therefore hope that it will receive the approval of the Committee.

Amendment 21 agreed to.

Clause 67, as amended, ordered to stand part of the Bill.

Clauses 68 to 71 ordered to stand part of the Bill.