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Health and Social Care Bill

The noble Baroness, Lady Masham, is always admirably brief and to the point in her remarks. I thank her—and, of course, we all wish the noble Baroness, Lady Wilkins, all the best in recovering from her operation. Amendment No. 208 is aimed at safeguarding both the vulnerable person who lacks capacity, and the suitable person who may manage the direct payment on their behalf. I hope that noble Lords will agree that the spirit of this amendment is very much in line with the powers that we are already seeking to take in the Bill, and is therefore not needed. But I will deal with each additional power and, I hope, set people’s minds at rest. As regards new subsection (3)(m), I can reassure noble Lords that a suitable person will not be forced to receive a direct payment on behalf of a person lacking capacity. Being a suitable person will not automatically mean that a direct payment will be made to that person; it is simply the first step in the process. Let me be absolutely clear on the record that no direct payment can be made to a suitable person unless they give their consent. As regards new subsection (3)(n), under the current scheme, direct payments can be paid as part of a mixed package of support from the local authority. For instance, if a person enjoys receiving day care at a local authority-funded centre and is then reassessed as needing additional support, they may continue to receive day care provided at the day centre, while the additional funds, to meet other needs, are provided as a direct payment. I can confirm that it is envisaged that local authorities will continue to arrange mixed packages under the new scheme. Person-centred planning, as dealt with in new subsection (3)(o), is a concept that runs throughout the provision of social care. The ministerial concordat, Putting People First, was also signed by the key local authority representative bodies, including SOLACE—the Society of Local Authority Chief Executives—which signals their commitment to the transformation of social care. Local authorities are being given £520 million over three years to fund the transformation programme set out in Putting People First. I hope that I have reassured noble Lords that local authorities and Government are already committed to greater person-centred planning. As regards new subsection (3)(p), I agree fully that it is important to ensure that the right arrangements are in place with regard to vetting and barring and to ensure that the necessary checks are carried out, but also that people do not have to go through unnecessary bureaucracy to receive a direct payment on behalf of a person lacking capacity. I can confirm that it is envisaged that regulations, subject to a full consultation, will set out that where the suitable person is not known to the person lacking capacity, the local authority may be required to ensure that that person has undergone a CRB check. As regards new subsection 3(q), we are taking regulation-making powers to allow us, if it were thought appropriate, to require local authorities to carry out periodic reviews of a decision about who will administer the direct payment. Setting out the monitoring requirements in regulations will allow us and local authorities to take into account the fact that some people will need less monitoring than others. For instance, a wife who has been involved in the care of her husband for 20 years may need less monitoring than an individual who may not know the person for whom they are receiving the payment. I turn to a direct question that I was asked about how councils will ensure that a suitable person does not mismanage a direct payment. The regulation-making powers that we will have will enable regulation to set out conditions to be complied with by the suitable person, which may or may not be imposed by local authorities. In addition, it is envisaged that the vast majority of suitable persons will either be court-appointed deputies, donees of lasting powers of attorney or friends and relatives who may already be involved in managing and organising the care of the direct payment receipt. Anyone taking decisions for or acting on behalf of a person who lacks capacity must act in accordance with the Mental Capacity Act 2005. Anyone caring for a person who lacks capacity under that Act, who wilfully neglects or ill treats that person, can be found guilty of a criminal offence under the Act, punishable by up to five years in prison, a fine, or both. I hope that the noble Baroness feels reassured by what I have said and feels able to withdraw the amendment.