Overview

This bill aims to enhance the protection of care recipients and their carers in England and Wales. It introduces new rights for care recipients to nominate supporters, strengthens carer support, prevents potentially retaliatory evictions from care homes, and clarifies regulations around cardiopulmonary resuscitation (CPR) decisions.

Description

The bill introduces several key changes:

Right to Care Support

Adults registered with a GP gain the right to nominate up to two "Care Supporters," regardless of their current care needs. These supporters have a right to access and contact the care recipient, subject to reasonable limitations to protect the recipient from harm. The GP is responsible for recording this information. Care providers must facilitate this contact.

Duty to Facilitate Support in Care Homes

Care homes have a duty to ensure that carers (family, friends, etc.) can maintain contact with and provide care to residents. Failure to do so, causing significant detriment to the resident’s well-being, is subject to legal action.

Prevention of Retaliatory Evictions

Evictions from care homes within three months of a resident making a complaint are invalid unless the complaint is proven to be vexatious. This protects residents from potential retaliation for raising concerns.

Decisions Concerning CPR

The bill amends existing regulations to clarify and strengthen the legal requirements for registered care providers regarding decisions about providing CPR, making failure to comply an offence.

Application of Human Rights

The bill clarifies the application of the UK Human Rights Act to care settings, removing some ambiguity in existing legislation.

Fundamental Standards for Care

The bill enhances existing regulations to specifically consider the well-being of unpaid carers, including provisions for respite care. It also expands upon other existing standards concerning emergencies, nutrition, and complaints processes.

Government Spending

The bill doesn't explicitly state the cost. However, it's likely to lead to increased costs for care providers in terms of staff time, training, and potentially legal fees related to ensuring compliance with the new regulations. The precise financial impact is not currently quantified.

Groups Affected

• Care recipients: Gain new rights to nominate supporters and enhanced protection against unfair treatment.
• Carers (family, friends, etc.): Benefit from increased support and legal protection.
• Care homes and providers: Face new duties and potential liabilities regarding resident support and complaints.
• Local authorities: Increased responsibilities in investigating complaints and ensuring care home compliance.
• GPs: New duties related to recording information about nominated Care Supporters.

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