| Title:
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LEGISLATIVE SCRUTINY
CARE BILL, ELEVENTH REPORT OF SESSION 2013-14, REPORT, TOGETHER WITH FORMAL MINUTES |
| By: |
Great Britain: Parliament: Joint Committee on Human Rights, The Stationery Office (Editor), Hywel Francis |
| Format: |
Paperback |
| List price:
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£11.00 |
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| ISBN 10: |
010855175X |
| ISBN 13: |
9780108551758 |
| Publisher: |
TSO |
| Pub. date: |
27 January, 2014 |
| Series: |
House of Lords Papers 121 |
| Pages: |
39 |
| Synopsis: |
The Joint Committee believes the Care Bill provides an opportunity to fill the gaps in human rights protection for all those receiving publicly arranged or paid-for care, including in their own home and in residential care homes under arrangements made other than under the National Assistance Act 1948, and recommends that the opportunity to legislate to this effect not be missed by Parliament. It recommends an amendment to the Bill which would close this significant gap in human rights protection for people receiving publicly arranged or paid-for care. The Committee also expresses its disappointment that the Government did not take the opportunity in the Care Bill to provide for a free-standing, enforceable right to independent living. The Government should bring forward an amendment to amend the Bill to include a free standing provision to give concrete effect in UK law to this right. Another recommendation is that the well-being principle in Part 1 is strengthened to contain an express reference to the right to independent living.This would not be directly enforceable as an individual right, but a local authority could be challenged for a failure to promote the right when carrying out its care and support functions under the Bill. The Committee welcomes measures in the Bill covering continuity of care and promotion of positive obligations to take appropriate steps to protect vulnerable individuals from ill-treatment. The Department of Health has provided useful information about the Bill's potential impacts on groups of people with protected characteristics. |
| Publication: |
UK |
| Imprint: |
TSO |
| Returns: |
Non-returnable |