Parliamentary.ai

Overview

This bill amends the Care Bill, primarily focusing on clarifying the application of the Human Rights Act 1998 to care providers and establishing a framework for appeals against local authority decisions regarding care. It also makes adjustments to the handling of administrator recommendations concerning NHS trusts.

Description

The bill introduces a new clause specifying when the provision of regulated care becomes a public function under the Human Rights Act 1998. This applies when care is arranged or paid for by specific authorities (local authorities in England, Wales, and Scotland, and relevant bodies in Northern Ireland) and meets certain criteria, primarily involving personal or residential care. The bill also creates a regulatory framework for appeals against decisions made by local authorities concerning individual care under Part 1 of the Act. This includes provisions on who can appeal, grounds for appeal, procedures, time limits, decision-making bodies, and associated support mechanisms. Finally, the bill modifies sections related to administrator recommendations impacting NHS trusts, ensuring that actions taken do not negatively affect essential NHS services provided by other trusts.

Government Spending

The bill doesn't directly specify changes to government spending. However, the new appeal process could lead to increased administrative costs for local authorities and possibly for the government if significant appeals result in overturned decisions that require financial adjustments.

Groups Affected

• Care providers: The bill clarifies their obligations under the Human Rights Act 1998, potentially affecting their liabilities and operational procedures.
• Individuals receiving care: The bill provides a formal appeal process, granting them more avenues for redress regarding local authority decisions about their care.
• Carers: Similar to those receiving care, carers may benefit from the appeals process if decisions affecting the care recipient also impact them.
• Local authorities: The bill increases their administrative burdens with the new appeal process and potential for increased financial liability.
• NHS trusts and foundation trusts: The bill's changes concerning administrator recommendations add layers to decision-making processes, potentially affecting their operational freedom and requiring careful consideration of wider NHS service provision.