My Lords, I rise briefly to speak to Amendment 39CA, which has been put in this group. I apologise for tabling the amendment so late in our proceedings and for not taking part in those proceedings so far, or in your Lordships’ consideration of the Care Bill, which has now gone to the Commons. As on many previous occasions, I declare my interest as the father of a daughter with Down’s syndrome, although because she is now 32 that interest is not directly relevant to this amendment.
I tabled the amendment because I was contacted shortly before we rose for the Christmas Recess by some cerebral palsy practitioners who could not see how this Bill ensures continuity of support from child to adulthood for children with learning disabilities—hence this probing amendment, which I do not pretend is perfectly worded. It focuses on Clause 37 of the Care Bill, which deals with continuity of support when an adult moves geographically. It may have been better to focus it on Clause 67 of the Care Bill, which is described in the Explanatory Notes as being designed,
“to ensure no gap in provision during the transition to adult care and support”.
That is what the amendment seeks to secure. I would be very grateful if the Minister could confirm whether that is what Clause 67 does, or if and how that well known gap is closed elsewhere in this Bill or the Care Bill. When he comes to reply, I would be particularly grateful if he could explain what the words,
“or for some other reason”,
mean in Clause 67 of the Care Bill, on page 57, in line 36—and, again, on page 59, in line 1. At first sight, they appear to give wide discretion to a local authority not to meet a person’s needs after it has concluded that he has such needs. If true, that would appear to affect children moving to adulthood as well.
I have discussed this matter with the noble Lord’s officials. I appreciate that it strays somewhat into Care Bill territory, but I would be most grateful for anything that the Minister feels able to say about the position, in plain language. I look forward to his remarks.
5.45 pm