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Health and Social Care Bill

It is crucial that the commission’s actions are proportionate and focus on the welfare and rights of those whom it is to protect, as Amendment No. 59 seeks to ensure for urgent cancellation. We agree, which is why those particular provisions in Clause 2 are there. Cancellation of registration is a last resort, where other options have not achieved compliance with regulatory requirements and in those exceptional circumstances where there appears to be a serious risk to a person’s life, health or well-being. It will certainly not be undertaken lightly. As the noble Baroness, Lady Cumberlege, has said, it is a power to be used very sparingly and the message is ““Don’t panic””. In deciding to apply for urgent cancellation, Clause 2 already makes it explicit that the commission will have had to balance the risks to service users of cancellation—closing a care home, say—with the risks of allowing that service to continue. It will also need to provide appropriate evidence to the court for a decision to be made. Justices of the peace should make an order only on the basis of the evidence in front of them and on their judgement that the evidence indicates a serious risk to the life, health or welfare. They should not be forced to consider other matters at that stage. On that basis, I hope that the noble Baroness will agree to withdraw this amendment.