Overview

The Protection of Care Recipients and Carers Bill aims to enhance the rights and protections of individuals receiving care, their carers, and care home residents in England and Wales. It introduces new rights regarding care supporters, strengthens the duty of care homes to facilitate support for residents, prevents retaliatory evictions, and improves standards of care and treatment.

Description

This bill makes several key changes to existing legislation:

Right to Care Support

Individuals aged 18 or over can nominate up to two "Care Supporters" who have the right to private, face-to-face contact, subject to reasonable limitations to protect from immediate harm. The GP is required to record this information. Care providers must facilitate this contact and consult Care Supporters on care decisions.

Duty to Facilitate Support in Care Homes

Care homes must take reasonable steps to enable carers (family, friends, etc.) to maintain contact with and support residents. Failure to do so can result in legal action.

Preventing Retaliatory Evictions

Evictions from care homes within three months of a complaint are invalid unless the complaint is proven vexatious. This aims to prevent residents from being punished for raising concerns.

Cardiopulmonary Resuscitation (CPR) Decisions

Amendments are made to existing regulations to ensure proper processes and accountability regarding decisions about whether or not to provide CPR to residents.

Human Rights

Clarifies the application of the UK Human Rights Act to care settings.

Carer Well-being

Registered persons providing care must consider the wellbeing of unpaid carers, and provide respite care where reasonably practicable.

Fundamental Standards

Existing regulations are strengthened by adding requirements for handling foreseeable emergencies, enhancing choices around nutrition, and improving the complaints process.

Government Spending

The bill doesn't specify direct government spending figures. However, it's likely to indirectly increase costs due to potential legal challenges, the requirement for care providers to facilitate care supporter contact and provide respite care, and improved reporting and safeguarding procedures. The exact financial impact remains to be assessed.

Groups Affected

• Care recipients: Gain increased rights to nominate care supporters and have improved protection against retaliatory evictions.
• Carers: Gain explicit recognition of their role and well-being; have increased opportunities to support those they care for, and are better protected.
• Care homes and providers: Face new duties regarding care supporters, facilitation of carer support, and improved complaint handling. This may lead to increased administrative burdens and potential legal costs.
• Local authorities: Increased responsibilities in investigating complaints and ensuring compliance with the new regulations.
• General practitioners (GPs): New responsibilities for recording care supporter details.

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