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Health and Social Care (Community Health and Standards) Bill


Health and Social Care (Community Health and Standards) Bill
Part 2 — Standards
Chapter 7 — Functions under the Care Standards Act 2000

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 105   Children’s homes providing secure accommodation

     (1)    In section 4 of the Care Standards Act 2000 (c. 14) (basic definitions), in

subsection (8)(a) (references to a description of establishment), after “children’s

home” insert “, a children’s home providing accommodation for the purpose

of restricting liberty,”.

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     (2)    In section 22 of that Act (regulations), in subsection (8) (regulations relating to

children’s homes)—

           (a)           omit paragraph (a), and

           (b)           in paragraph (b), for “mentioned in paragraph (a)” substitute “of

restricting liberty”.

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 106   Information and inspection

     (1)    Section 31 of the Care Standards Act 2000 (inspections by persons authorised

by registration authority) is amended as follows.

     (2)    After subsection (1), insert—

           “(1A)              The power under subsection (1) to require the provision of information

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includes—

                  (a)                 power to require the provision of copies of any documents or

records (including medical and other personal records); and

                  (b)                 in relation to records kept by means of a computer, power to

require the provision of the records in legible form.”

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     (3)    In subsection (3)—

           (a)           in paragraph (b), for “(other than medical records)” substitute

“(including medical and other personal records)”; and

           (b)           in paragraph (d), for “employed” substitute “working”.

     (4)    In subsection (6), omit “and inspect any medical records relating to his

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treatment in the establishment”.

 107   Assembly: duties relating to children

In section 8 of the Care Standards Act 2000 (general functions of the Assembly),

at the end insert—

           “(6)               The Assembly must have particular regard to the need to safeguard

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and promote the rights and welfare of children in the exercise of—

                  (a)                 its functions exercisable by virtue of section 5(b) and

subsections (1) to (3) of this section; and

                  (b)                 any other functions exercisable by the Assembly corresponding

to functions exercisable by the CSCI in relation to England.”

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Health and Social Care (Community Health and Standards) Bill
Part 2 — Standards
Chapter 9 — Complaints

    46

 

Chapter 8

Other functions of CSCI

 108   Boarding schools and colleges

The functions of the National Care Standards Commission under section 87 of

the Children Act 1989 (c. 41) (welfare of children accommodated in boarding

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schools and colleges) are transferred to the CSCI.

 109   Boarding schools and colleges: reports

In section 87 of the Children Act 1989, after subsection (9) insert—

           “(9A)                            Where the Commission or the National Assembly for Wales exercises

the power conferred by subsection (5), it must publish a report.

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           (9B)              The Commission and the National Assembly for Wales must each make

copies of any report published by it under this section available for

inspection at its offices by any person at any reasonable time.

           (9C)                            Any person who requests a copy of a report published under this

section is entitled to have one on payment of such reasonable fee (if

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any) as the Commission or the National Assembly for Wales (as the

case may be) considers appropriate.”

 110   Secure training centres

     (1)    The CSCI and the Secretary of State may make arrangements for the CSCI to

conduct inspections of secure training centres in England.

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     (2)    Inspections under this section shall be on such terms, including terms as to

payment of the CSCI, as the CSCI and Secretary of State may agree in the

arrangements.

     (3)    In this section, “secure training centre” has the same meaning as in section

43(1)(d) of the Prison Act 1952 (c. 52).

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Chapter 9

Complaints

 111   Complaints about health care

     (1)    The Secretary of State may by regulations make provision about the handling

and consideration of complaints made under the regulations about—

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           (a)           the exercise of any of the functions of an English NHS body or a cross-

border SHA;

           (b)           the provision of health care by or for such a body;

           (c)           the provision of services by such a body or any other person in

pursuance of arrangements made by the body under section 31 of the

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Health Act 1999 (c. 8) in relation to the exercise of the health-related

functions of a local authority.

 

 

Health and Social Care (Community Health and Standards) Bill
Part 2 — Standards
Chapter 9 — Complaints

    47

 

     (2)    The Assembly may by regulations make provision about the handling and

consideration of complaints made under the regulations about—

           (a)           the exercise of any of the functions of a Welsh NHS body;

           (b)           the provision of health care by or for a Welsh NHS body;

           (c)           the provision of services by a Welsh NHS body or any other person in

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pursuance of arrangements made by the body under section 31 of the

Health Act 1999 (c. 8) in relation to the exercise of the health-related

functions of a local authority.

     (3)    Regulations under this section may provide for a complaint to be considered

by one or more of the following—

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           (a)           an NHS body;

           (b)           the CHAI;

           (c)           an independent lay person;

           (d)           an independent panel established under the regulations;

           (e)           any other person or body.

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     (4)    Regulations under this section may make provision for a complaint or any

matter raised by a complaint—

           (a)           to be referred to a Health Service Commissioner for him to consider

whether to investigate the complaint or matter under the Health

Service Commissioners Act 1993 (c. 46) (and to be treated by him as a

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complaint duly referred to him under section 10 of that Act);

           (b)           to be referred to any other person or body for him or it to consider

whether to take any action otherwise than under the regulations.

 112   Complaints about social services

     (1)    The Secretary of State may by regulations make provision about the handling

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and consideration of complaints made under the regulations about—

           (a)           the discharge by a local authority in England of any of its social services

functions;

           (b)           the provision of services by another person pursuant to arrangements

made by such an authority in the discharge of those functions;

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           (c)           the provision of services by such an authority or any other person in

pursuance of arrangements made by the authority under section 31 of

the Health Act 1999 in relation to the functions of an NHS body (within

the meaning of that section).

     (2)    Regulations under subsection (1) may provide for a complaint to be considered

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by one or more of the following—

           (a)           the local authority in respect of whose functions the complaint is made;

           (b)           the CSCI;

           (c)           an independent panel established under the regulations;

           (d)           any other person or body.

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     (3)    The Assembly may by regulations make provision about the handling and

consideration of complaints made under the regulations about—

           (a)           the discharge by a local authority in Wales of any of its social services

functions;

           (b)           the provision of services by another person pursuant to arrangements

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made by such an authority in the discharge of those functions;

 

 

Health and Social Care (Community Health and Standards) Bill
Part 2 — Standards
Chapter 9 — Complaints

    48

 

           (c)           the provision of services by such an authority or any other person in

pursuance of arrangements made by the authority under section 31 of

the Health Act 1999 (c. 8) in relation to the functions of an NHS body

(within the meaning of that section).

     (4)    Regulations under subsection (3) may provide for a complaint to be considered

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by one or more of the following—

           (a)           the local authority in respect of whose functions the complaint is made;

           (b)           an independent panel established under the regulations;

           (c)           any other person or body.

     (5)    Regulations under this section may provide for a complaint or any matter

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raised by a complaint—

           (a)           in the case of regulations under subsection (1), to be referred to the

Commission for Local Administration in England for it to consider

whether to investigate the complaint or matter under Part 3 of the Local

Government Act 1974 (c. 7) (and to be treated as if it had been duly

15

made under section 26 of that Act);

           (b)           in the case of regulations under subsection (3), to be referred to the

Commission for Local Administration in Wales for it to consider

whether to investigate the complaint or matter under Part 3 of that Act

(and to be treated as if it had been duly made under section 26 of that

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Act);

           (c)           to be referred to any other person or body for him or it to consider

whether to take any action otherwise than under the regulations.

     (6)    Regulations under this section may not make provision about complaints

capable of being considered as representations under section 24D or section 26

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of the Children Act 1989 (c. 41).

 113   Complaints regulations: supplementary

     (1)    Regulations under subsection (1) or (2) of section 111 or under subsection (1) or

(3) of section 112 (“the regulations”) may, without prejudice to the generality

of the subsection under which they are made, make the following provision.

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     (2)    The regulations may make provision about—

           (a)           the persons who may make a complaint;

           (b)           the complaints which may, or may not, be made under the regulations;

           (c)           complaints which need not be considered;

           (d)           the period within which complaints must be made;

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           (e)           the procedure to be followed in making and considering a complaint;

           (f)           matters which are excluded from consideration;

           (g)           the making of a report or recommendations about a complaint;

           (h)           the action to be taken as a result of the complaint.

     (3)    The regulations may require—

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           (a)                         the making of a payment, in relation to the consideration of a complaint

under the regulations, by any person or body in respect of whom the

complaint is made;

           (b)                         any such payment to be—

                  (i)                 made to such person or body as may be specified in the

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regulations; and

 

 

Health and Social Care (Community Health and Standards) Bill
Part 2 — Standards
Chapter 9 — Complaints

    49

 

                  (ii)                of such amount as may be specified in, or calculated or

determined under, the regulations;

           (c)           an independent panel to review the amount chargeable under

paragraph (a) in any particular case and, if the panel thinks fit, to

substitute a lesser amount.

5

     (4)    The regulations may also—

           (a)           provide for different parts or aspects of a complaint to be treated

differently;

           (b)           require the production of information or documents in order to enable

a complaint to be properly considered;

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           (c)           authorise the disclosure of information or documents relevant to a

complaint to a person or body—

                  (i)                 who is considering a complaint under the regulations; or

                  (ii)                to whom a complaint has been referred;

            and any such disclosure may be authorised notwithstanding any rule of

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common law that would otherwise prohibit or restrict the disclosure.

     (5)    The regulations may make provision about complaints which raise both

matters falling to be considered under the regulations and matters falling to be

considered under other statutory complaints procedures, including in

particular provision for—

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           (a)           enabling such a complaint to be made under the regulations; and

           (b)           securing that matters falling to be considered under other statutory

complaints procedures are treated as if they had been raised in a

complaint made under the appropriate procedures;

            and in this subsection “statutory complaints procedures” means procedures

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established by or under any enactment.

 114   Further consideration of representations under the Children Act 1989

     (1)    In the Children Act 1989 (c. 41), after section 26 (representations) insert—

       “26ZA              Representations: further consideration

           (1)           The Secretary of State may by regulations make provision for the

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further consideration of representations which have been considered

by a local authority in England under section 24D or section 26.

           (2)                         The regulations may in particular make provision—

                  (a)                 for the further consideration of a representation by the

Commission for Social Care Inspection (“the CSCI”);

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                  (b)                 for a representation to be referred by the CSCI for further

consideration by an independent panel established under the

regulations;

                  (c)                 about the procedure to be followed on the further consideration

of a representation;

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                  (d)                 for the making of recommendations about the action to be taken

as the result of a representation;

                  (e)                 about the making of reports about a representation;

                  (f)                 about the action to be taken by the local authority concerned as

a result of the further consideration of a representation;

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                  (g)                 for a representation to be referred by the CSCI back to the local

authority concerned for reconsideration by the authority;

 

 

Health and Social Care (Community Health and Standards) Bill
Part 2 — Standards
Chapter 9 — Complaints

    50

 

                  (h)                 for a representation or any matter raised by the representation

to be referred by the CSCI—

                        (i)                        to the Commission for Local Administration in England

for it to consider whether to investigate the

representation or matter under Part 3 of the Local

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Government Act 1974 as if it were a complaint duly

made under section 26 of that Act; or

                        (ii)                       to any other person or body for him or it to consider

whether to take any action otherwise than under the

regulations.

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           (3)                         The regulations may require—

                  (a)                                     the making of a payment, in relation to the further

consideration of a representation under this section, by any

local authority in respect of whose functions the representation

is made;

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                  (b)                 any such payment to be—

                        (i)                        made to such person or body as may be specified in the

regulations;

                        (ii)                       of such amount as may be specified in, or calculated or

determined under, the regulations;

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                  (c)                 an independent panel to review the amount chargeable under

paragraph (a) in any particular case and, if the panel thinks fit,

to substitute a lesser amount.

           (4)                         The regulations may also—

                  (a)                 provide for different parts or aspects of a representation to be

25

treated differently;

                  (b)                 require the production of information or documents in order to

enable a representation to be properly considered;

                  (c)                 authorise the disclosure of information or documents relevant

to a representation—

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                        (i)                        to a person or body who is further considering a

representation under the regulations; or

                        (ii)                       to the Commission for Local Administration in England

(when a representation is referred to it under the

regulations);

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                         and any such disclosure may be authorised notwithstanding any rule

of common law that would otherwise prohibit or restrict the

disclosure.”

     (2)           After section 26ZA of that Act (as inserted by subsection (1)) insert—

       “26ZB    Representations: further consideration (Wales)

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           (1)           The Secretary of State may by regulations make provision for the

further consideration of representations which have been considered

by a local authority in Wales under section 24D or section 26.

           (2)           The regulations may in particular make provision—

                  (a)                 for the further consideration of a representation by an

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independent panel established under the regulations;

                  (b)                 about the procedure to be followed on the further consideration

of a representation;

 

 

Health and Social Care (Community Health and Standards) Bill
Part 2 — Standards
Chapter 9 — Complaints

    51

 

                  (c)                 for the making of recommendations about the action to be taken

as the result of a representation;

                  (d)                 about the making of reports about a representation;

                  (e)                 about the action to be taken by the local authority concerned as

a result of the further consideration of a representation;

5

                  (f)                 for a representation to be referred back to the local authority

concerned for reconsideration by the authority.

           (3)           The regulations may require—

                  (a)                 the making of a payment, in relation to the further

consideration of a representation under this section, by any

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local authority in respect of whose functions the representation

is made;

                  (b)                 any such payment to be—

                        (i)                        made to such person or body as may be specified in the

regulations;

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                        (ii)                       of such amount as may be specified in, or calculated or

determined under, the regulations; and

                  (c)                 for an independent panel to review the amount chargeable

under paragraph (a) in any particular case and, if the panel

thinks fit, to substitute a lesser amount.

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           (4)           The regulations may also—

                  (a)                 provide for different parts or aspects of a representation to be

treated differently;

                  (b)                 require the production of information or documents in order to

enable a representation to be properly considered;

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                  (c)                 authorise the disclosure of information or documents relevant

to a representation to a person or body who is further

considering a representation under the regulations;

                         and any such disclosure may be authorised notwithstanding any rule

of common law that would otherwise prohibit or restrict the

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disclosure.”

     (3)    In section 26A of that Act (requirement on local authorities to provide

assistance for persons making representations under section 24D and section

26), after subsection (2) insert—

           “(2A)              The duty under subsection (1) includes a duty to make arrangements

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for the provision of assistance where representations under section 24D

or 26 are further considered under section 26ZA or 26ZB.”

 115   Representations relating to special guardianship support services

     (1)    In section 26 of the Children Act 1989 (c. 41) (representations), after subsection

(3B) insert—

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           “(3C)              The duty under subsection (3) extends to any representations

(including complaints) which are made to the authority by—

                  (a)                 a child with respect to whom a special guardianship order is in

force,

                  (b)                 a special guardian or a parent of such a child,

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