Parliamentary Questions

May 2016

Shadow Public Health Minister Andrew Gwynne
To Minister of State Rt Hon Alistair Burt 

Question (37322)

Tabled on 18 May 2016


To ask the Secretary of State for Health, if he will introduce a human rights charter for care homes; and if he will make a statement. 

Answer was submitted on 24 May 2016 at 10:44.
Answer:  Alistair Burt:


There are no plans to introduce a human rights charter. Local authorities are public authorities and are subject to the Human Rights Act 1998 (HRA). They must take account of the HRA in their contracting arrangements, including those with care providers.

The HRA applies to the relationship between individuals and public authorities and is not intended to apply directly to purely private arrangements. However, section 73 of the Care Act 2014 is explicit that care providers which are regulated by the Care Quality Commission in England, or by equivalent bodies in the rest of the United Kingdom, are exercising a public function for the purposes of the HRA when providing care and support, arranged or funded in whole or in part by local authorities.

Those purchasing care privately have rights of legal challenge against a provider via their contract or through criminal or tort law.

 

Question (37323)
Tabled on 18 May 2016

To ask the Secretary of State for Health, for what statutory reasons (a) a resident of a care home may be evicted and (b) a relative of a person in a care home may be banned from visiting; and what evidence must be provided in each such case.

This question was grouped with the following question(s) (37327) for answer:
 

To ask the Secretary of State for Health, what his Department's policy is on forced evictions from care homes.
Tabled on: 18 May 2016

Answer was submitted on 24 May 2016 at 10:41.

Answer:  Alistair Burt:

 

It is for providers of care to decide if they are no longer able to meet a person’s needs, or whether, for example for reasons of safety, it might be appropriate for a person to be prevented from visiting a care home.

Such decisions should be taken according to individual circumstances and with regard to the terms of agreements and/or contracts between providers and purchasers or commissioners of care.

Question (37324)

Tabled on 18 May 2016

To ask the Secretary of State for Health, how many relatives have been banned from visiting family members resident in local authority-funded care homes in each year since 2010. 

This question was grouped with the following question(s) (37326) for answer:


To ask the Secretary of State for Health, how many times the Mental Capacity Act 2005 has been found to have been wrongly applied to exclude a relative of a resident from visiting a care home.
Tabled on: 18 May 2016

The answer was submitted on 24 May 2016 at 10:40.
Answer:  Alistair Burt:

 

The information requested is not collected centrally.

 

Question (37326)
Tabled on 18 May 2016


To ask the Secretary of State for Health, how many times the Mental Capacity Act 2005 has been found to have been wrongly applied to exclude a relative of a resident from visiting a care home.

This question was grouped with the following question(s) (37324) for answer:
 

To ask the Secretary of State for Health, how many relatives have been banned from visiting family members resident in local authority-funded care homes in each year since 2010.
Tabled on: 18 May 2016

Answer was submitted on 24 May 2016 at 10:40.
Answer:  Alistair Burt:

The information requested is not collected centrally.

Question (37327)
Tabled on 18 May 2016


To ask the Secretary of State for Health, what his Department's policy is on forced evictions from care homes. 

 

This question was grouped with the following question(s) (37323) for answer:

To ask the Secretary of State for Health, for what statutory reasons (a) a resident of a care home may be evicted and (b) a relative of a person in a care home may be banned from visiting; and what evidence must be provided in each such case. 
Tabled on: 18 May 2016

 

The answer was submitted on 24 May 2016 at 10:42.
Answer:  Alistair Burt:

 

It is for providers of care to decide if they are no longer able to meet a person’s needs, or whether, for example for reasons of safety, it might be appropriate for a person to be prevented from visiting a care home.

Such decisions should be taken according to individual circumstances and with regard to the terms of agreements and/or contracts between providers and purchasers or commissioners of care.

 

Question (37328)
Tabled on 18 May 2016


To ask the Secretary of State for Health, what measures are in place to ensure that alternative accommodation is found for people evicted from a care home.

Answer was submitted on 24 May 2016 at 10:43.
Answer:  Alistair Burt:

 

Should a person have to leave a care home, the Care Act requires the local authority to carry out an assessment of their needs. The local authority must decide if the person has eligible needs by considering the outcomes they wish to achieve, what their needs are and how these impact on their wellbeing.

Where a person is assessed as having eligible care and support needs – for example, for care and support, public assistance with the cost of care, help with arranging care or information and advice – those needs must be met by their local authority.

For a person placed in residential care by a local authority, the authority would continue to have a duty to meet their needs and to arrange alternative care services. Should a person be able to fund their own care but lack capacity to arrange it, the local authority has powers under the Act to meet their needs.

Statutory guidance issued under the Care Act sets out when a local authority should use these powers.

Question (37329)
Tabled on 18 May 2016


To ask the Secretary of State for Health, if he will bring forward legislative proposals to extend the 28-day eviction notice period for care home residents.  

The answer was submitted on 24 May 2016 at 10:42.
Answer:  Alistair Burt:

 

There are no plans to bring forward legislative proposals to extend the 28 day eviction notice period for care home residents. Periods of notice for care home residents will depend on the terms of agreements and/or contracts between providers and purchasers or commissioners of care, which are for negotiation locally.