Lord Hunt of Kings Heath
Labour, Life peer
The amendment was not moved. The House was not invited to take a decision on it (though it may have been debated with other amendments).
After Clause 148
Insert the following new Clause—
“Review of institutional abuses in care settings
(1) Within six months of the passing of this Act, the Secretary of State must establish an independent review (“the review”) of practices within care settings whereby—
(a) service users are denied visits from, or contact with, family members or informal carers, or
(b) care home residents are issued with eviction notices,
without reasonable cause, following complaints made or safeguarding alerts raised.
(2) Within 18 months of the passing of this Act, the Secretary of State must publish and lay before Parliament a report from the review.
(3) The review must examine evidence of the incidence of the abuses in subsection (1), and of their effects on the emotional, psychological, social and physical health of service users, and on the well-being of service users, their family members and other informal carers.
(4) The evidence examined under subsection (3) must include, but must not be limited to, evidence gathered by means of a public consultation.
(5) The review must consider, among other matters, whether the existing legislative and regulatory framework is adequate to ensure that service users are protected from the abuses in subsection (1) effectively, in a timely way, and without any discrimination relating to disability or any other protected characteristic under the Equality Act 2010, and in particular whether there is a need for legislation to—
(a) impose on service providers a statutory duty of care requiring them to facilitate caring relationships with service users as far as is reasonably practicable,
(b) prohibit care homes from issuing notices to quit within a certain period following unresolved, non-vexatious and non-repetitive written complaints or safeguarding alerts, or during the progress of any enquiries being carried out under section 42 of the Care Act 2014, and
(c) confer on service users, family members and other informal carers a right of private legal action, so that, where breaches of the obligations in paragraphs (a) or (b) occur, emergency injunctive relief may be obtained or damages awarded, as appropriate.
(6) In this section, “service provider” and “service user” have the meanings given by regulation 2 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 (S.I. 2014/2936).”