Community Care (Delayed Discharges etc.) Bill—
Amendments to be debated in the House of Lordscontinued

House of Lords

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Schedule 1

 

THE BARONESS BARKER
THE LORD CLEMENT-JONES

68Insert the following new Schedule—
 

"SCHEDULE
ASSESSMENT BY RESPONSIBLE AUTHORITY

      Further to the fulfilment of the requirements under section 3(3)(a), a single assessment process shall be taken to mean a comprehensive assessment and follow up, by a multi-disciplinary team, under the following statutory categories—
(a)  assessment of entitlement for continuing care in pursuance of statutory responsibilities under the National Health Service Act 1977 (c. 49);
(b)  assessment of entitlement to NHS funded nursing care pursuant to section 49 of the Health and Social Care Act 2001 (c. 15) (nursing care);
(c)  assessment of the local authorities' duties under section 47(1) of the National Health Service and Community Care Act 1990 (c. 19) (assessment of needs for community care services);
(d)  assessment of whether the patient qualifies for any services provided under section 29 of the National Assistance Act 1948 (c. 29) (welfare services);
(e)  assessment of entitlement to any services under section 45 of the Health Services and Public Health Act 1968 (c. 46) (promotion, by local authorities, of the welfare of old people);
(f)  assessment of need for, and entitlement to, any of the services set out in section 2(1) of the Chronically Sick and Disabled Persons Act 1970 (c. 44) (provision of welfare services);
(g)  assessment of needs for any additional services made available as a result of guidance issued under section 7(1) of the Local Authority Social Services Act 1970 (c. 42) (local authorities to exercise social services functions under guidance of Secretary of State);
(h)  assessment of the patient's rights, or those of the patient's carers or advocates, under the Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33);
(i)  consideration of the patient's views and wishes, or in any case where the patient lacks mental capacity, the views and wishes of the person entitled to be his advocate, his nearest relative as defined in section 29 of the Mental Health Act 1983 (c. 20) (appointment by court of acting nearest relative), his receiver appointed under Part VII of the Mental Health Act 1983 (management of property and affairs of patients), his attorney or attorneys appointed in accordance with the Enduring Powers of Attorney Act 1985 (c. 29), or any person who accrues such rights under successor legislation;
(j)  the results of any assessment undertaken of the carer's ability to provide and continue to provide care for the patient under the Carers (Recognition and Services) Act 1995 (c. 12) or the Carers and Disabled Children Act 2000 (c. 16), or both;
(k)  assessment of the appropriateness of available accommodation, to satisfy Standards 3 and 4 of the National Minimum Care Standards for Care Homes and Standards 2 and 3 of the Draft National Minimum Care Standards for Domiciliary Care, as required by the Care Standards Act 2000 (c. 14)."

 
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10 March 2003