My Lords, I am speaking on this group because I respect the experience and judgment of the signatories to these two amendments. The noble Baroness, Lady Meacher, mentioned the resentment that can grow after a long period of caring for a family member. I would add the sheer exhaustion and the discovery that the person who is being cared for does not seem to be the person they once were.
The first amendment on the duty to report reminds me of debates we held not so long ago about a mandatory duty to report and act on the abuse or neglect of children. This amendment does not go that far. It seems to be cast as a contract of employment. I am not sure what the outcome would be in the case of non-compliance. It may be too detailed at this stage when we are discussing principles.
This is another aspect of awareness and the culture change, which have been discussed quite a lot this afternoon. The amendment is worded as if someone is carrying out a financial assessment. Would that person have more access than someone carrying out an occupational health assessment of the needs for adaptations? I accept that a financial assessment is about more than paperwork, but there will be clues, such as, “Oh, my daughter deals with all that”.
The amendment is linked to the amendment introduced on the second day of Committee about mandatory awareness training for professionals. Its focus was on front-line professionals, but all the points made then apply here too. When the House looks again at that amendment, as I am sure it will, can we think about how it is relevant to this situation? In that debate, my noble friend Lady Burt talked about co-ordination between agencies. The Minister, who gave a sympathetic and detailed response, referred to guidance from different agencies. As the mover of that amendment, the noble Baroness, Lady Armstrong of Hill Top, said,
“there is plenty of guidance but no means of making sure that it is always translated into action.”–[Official Report, 27/1/21; col. 1741.]
Despite the Scottish and Welsh examples about the power of entry, I am rather leery of going down this path. I do not know the extent to which professionals, other than the police and social workers, can apply for an order, as the noble Baroness, Lady Meacher, mentioned. I am too much of a Pollyanna in wanting to start from a position of sympathy with both sides and to take a gentler approach, but I know that gentleness and nuance do not always work. Adult safeguarding is complex, especially if access is blocked. All this raises issues around privacy and the importance of building relationships.
I realise that the life and limb threshold for the police to gain entry under PACE is high. I also appreciate that there has been work on this issue, although, unlike the noble Lord, Lord Hunt, I could not get past “page not found” when I searched for it this morning.
The noble Baroness, Lady Greengross, is a doughty campaigner and advocate. I appreciate I have been a bit picky, so I make it clear that I share the concerns which lie behind these amendments, although I have some reservations about their detail.