Care Act

Official Summary

A Bill to reform the law relating to care and support for adults and the law relating to support for carers, to make provision about safeguarding adults from abuse or neglect, to make provision about care standards, to establish and make provision about Health Education England, to establish and make provision about the Health Research Authority, and for connected purposes.

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Overview

This bill makes amendments to 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 refines regulations concerning NHS Trusts and their actions.

Description

The bill introduces a new clause defining when care providers are considered public authorities under the Human Rights Act 1998. This occurs when care is arranged or funded by specific local authorities or other designated bodies under particular legislation. The bill also details provisions for appeals against local authority decisions related to the individual's care, outlining who can appeal, the grounds for appeal, and the appeal process. Further amendments relate to the actions of NHS Trusts, ensuring that any actions do not harm the essential services provided by other related NHS organizations.

Key Aspects:

Human Rights Act 1998 Application: Clarifies when care providers become subject to the Human Rights Act.
Appeals Framework: Establishes a system for appealing local authority decisions about individual care.
NHS Trust Regulations: Refines rules regarding actions affecting NHS Trusts and the safeguarding of essential NHS services.

Government Spending

The bill does not directly specify changes to government spending. However, the establishment of an appeals process and the potential for legal challenges could indirectly impact government spending depending on the volume of appeals and legal costs incurred.

Groups Affected

Care Providers: The application of the Human Rights Act could impact their responsibilities and liabilities.
Care Recipients: The new appeals process provides a mechanism to challenge decisions impacting their care.
Local Authorities: They are responsible for implementing the new appeals process and clarifying the application of the Human Rights Act to care services.
NHS Trusts: Amendments to the bill affect their responsibilities and limitations in relation to actions that might impact other NHS organizations.

Full Text

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