Health Bill [HL]

I shall speak also to Amendments 117 and 120. These are probing amendments, which I can cover quite briefly. In new Section 34A of the Local Government Act, we see that the definition of "adult social care provider" is, ""a person who carries on an activity which … involves, or is connected with, the provision of adult social care"." I do not fully understand the phrase, "is connected with". An activity that is connected with the provision of adult social care could include almost anything, such as the servicing of a van used to deliver food to a care home, yet we would surely not wish to say that the person engaging in that activity was an "adult social care provider". The definition seems to encompass a wide range of people, and I should be glad if the Minister could explain how wide the range is intended to be in practice and why we need what appears to be a rather loose form of words here. The provisions relating to the procedure that the local commissioner has to follow when investigating a complaint include a particular action: new subsection (4) says that the commissioner may obtain information and make enquiries as he sees fit but that he may also, ""determine whether any person may be represented (by counsel, solicitor or otherwise) in the investigation"." I question that power. If someone wishes to be represented, and there may be all sorts of perfectly good reasons why they may wish to be, then to my mind they should not be prohibited from appointing someone to act for them. What lies behind the provision? Would it enable the local commissioner to decline to deal with someone’s independent advocate or a member of their family? I raise that question particularly in the light of the provision in new Section 34G(3), which says that for the purposes of an investigation a local commissioner has the same powers as the High Court in respect of the attendance and examination of witnesses and the production of documents. If that is so, we are surely dealing with a quasi-judicial process. It does not seem right that the commissioner should then be able to deny someone the right to be represented in that process. A number of provisions govern the way in which a local commissioner must announce his decision on the matter he is investigating. If he decides not to investigate, or to discontinue an investigation, he must make a statement to that effect and say why he has made that decision. If he completes an investigation he must also make a statement setting out his conclusions and recommendations, which he then must send to various parties, including the complainant and the adult social care provider. The recommendations, naturally enough, may include action to be taken by the adult social care provider concerned. We then find in new Section 34H(8) that the statement must identify the adult social care provider concerned unless the provider is an individual and, ""the Local Commissioner considers that it is not appropriate for the individual to be identified"." I ask the Minister what kinds of circumstances might apply in which the commissioner could decide not to disclose the identity of the provider. Most would say that a person who had been found to have done something wrong should not be protected by public anonymity. On the other hand, I can see that there is an argument for protecting the identity of someone who has been in receipt of an unfounded complaint, but the Explanatory Notes shed no light on whether this kind of consideration would bear upon the local commissioner’s decision, or whether other considerations would. I would be grateful if the Minister could explain the thinking behind this provision. I beg to move.