The Personal Care at Home Bill was announced in the Queen's Speech on 18 November 2009. The Bill guarantees free personal care for the 280,000 people - including those with serious dementia or Parkinson's disease - with the highest needs. It is anticipated that, subject to the passage of the Bill and the introduction of regulations, free personal care could be introduced from 1 October 2010.
Timetable
- the Bill was introduced in the Queen's Speech on 18 November
- it was introduced in Parliament on 25 November
- alongside the introduction of the Bill the Department of Health published a consultation containing proposals for regulations and guidance made under the Bill. The consultation will continue until 23 February 2010
- the Bill was read for a second time in the House of Commons on the 14th December 2009
- the Committee of the whole house and the third reading of the Bill took place on the 12th January 2010
- the Bill had its second reading in the House of Lords on the 1st February 2010
- the Bill had its first sitting of the Committee stage in the House of Lords on 22nd February 2010
Key updates
House of Lords - 17 March 2010
On 17th March 2010 the House of Lords voted in favour of four amendments which will significantly delay the implementation of the Bill and could therefore mean it does not become law, given the impending General Election.
Peers voted in favour of amendments that would postpone the start date of free home care from October 2010 to April 2011 and prevent it starting before an independent review is commissioned into the affordability of the Bill’s proposals.
Further amendments were passed, which would require Parliament to pass secondary legislation before the Bill's proposals could come into effect and also to cause the the Bill to lapse after two years if its provisions were yet to come into force.
The Bill will now return to the Lords for a third reading on Wednesday 24th March 2010.
House of Lords - 1 March 2010
The Bill passed the second day of the Committee stage without amendment on Monday 1 March 2010.
The debate focused largely on amendments introduced by Earl Howe and Baroness Barker, which aimed to protect the care needs of people who receive NHS continuing care. The Government Whip, Lord Tunnicliffe, responded that these amendments were not necessary as 'if an individual is entitled to services as part of NHS continuing healthcare, the person's package of care to meet their assessed needs would be provided solely by the NHS and not the local authority, including any personal care that was required'. Lord Tunnicliffe also stated that guidance will be produced that would address the need for PCTs and councils to work together to 'ensure a smooth interface between NHS continuing healthcare and free personal care, and that people's needs are identified appropriately'.
During the debate concerns were also raised as to whether free personal care would be withdrawn from elderly people who are not willing to accept a reablement programme. In reply, the Health Minister Baroness Thornton stated that in some cases reablement is neither appropriate nor beneficial to the individual and that this issue will be dealt with in forthcoming guidance documents.
The Bill will now move on to the Report stage in the House of Lords.
House of Lords - 22 February 2010
On Monday 22 February 2010 the Personal Care at Home Bill had its first sitting of the Committee stage in the House of Lords. Two amendments to the Bill were debated.
Lord Low of Dalston tabled an amendment to "make it a legal requirement for service providers to involve users of those services in decisions on how they will discharge their functions under the regulations."
Baroness Masham proposed an amendment which would have established an appeals mechanism for people dissatisfied with their local authority's decision.
Both amendments were withdrawn following debate. The Bill has already gone through the Commons and its next stage will be House of Lords Committee Stage, Monday 1 March 2010.
House of Lords - 1 February 2010
Baroness Thornton, Government Spokesperson for Health, introduced the Second Reading of the Personal Care at Home Bill in the House of Lords. She said that the Bill will have great significance for thousands of the most vulnerable people and that it would "help to end the lottery of personal care charges" for those with the highest care needs.
Conservative health spokesman Earl Howe described the Government's policy as a "laudable aspiration" but that "the speed at which the Government are aiming to roll out this policy is grossly imprudent". He also stated that the Bill "will give rise to false hope among those in critical need who find that they are denied free personal care because they fall the wrong side of certain definitional boundary".
Baroness Barker, Liberal Democrat health spokesperson, expressed disappointment that the Bill had distracted the social care debate from the long-term funding issues that were outlined in the recent Green paper.
The Bill faced strong crticism from a number of Lords, particularly from Lord Warner who tabled a motion to delay the Bill's committee stage until the consultation on the regulations is completed. The motion was however rejected by 105 votes to 23. Very few Labour Lords voted for the motion. Conservative peers abstained en mass, as did all but two Liberal Democrats.
The committee stage for the Personal Care at Home Bill is now scheduled to take place on 22 February.
House of Commons - 12 January 2010
The Committee of the whole House and the Third Reading of the Personal Care at Home Bill took place in the House of Commons on 12 January 2010. The Bill was passed unopposed and must now secure the backing of the House of Lords if it is to become law before the general election, which must happen no later than the 3rd June and is tipped to take place on 6 May.
Care Services Minister, Phil Hope MP, stated during the debate that 'This Bill means that we can take action now to reduce the unfairness and the uncertainity that many people feel as their health worsens and their care needs grow.'
Conservative MPs raised several amendments to the legislation, a number of which went to a vote. However, the government used its majority to defeat the amendments and the Conservatives and the Liberal Democrats declined to oppose the Bill's Third Reading.
House of Commons - 14 December 2009
Secretary of State Andy Burnham MP introduced the second reading of the Personal Care at Home Bill in the House of Commons.
During the reading there was particular debate around how many people would benefit from the measures, where the money was coming from to fund the proposals, and why this was being introduced before the White Paper on Social Care.
Conservative Shadow Secretary of State, Andrew Lansley MP argued that the Bill is discriminatory because people living in care homes will not get access to personal care. The Liberal Democrats Shadow Secretary, Norman Lamb MP argued that only 100,000 extra people will benefit from free personal care through the Bill because the vast majority of the 400,00 claimed by the Government to benefit from the Bill, are actually already receiving help through the means-tested system.
It was agreed by 266 votes to 182 that the Bill would be sent to a Public Bill Committee.