Asked by: Nadine Dorries (Conservative - Mid Bedfordshire)
Question to the Department of Health and Social Care:
To ask the Secretary of State for Health, if his Department will work with local authorities to improve oversight of agency companies providing social care to elderly and vulnerable people.
Answered by Norman Lamb
Each local authority is responsible for the quality of social care services it commissions. There is no national register or oversight of complaints in social care. However, local authorities are required, pursuant to the Local Authority Social Services and National Health Service (England) Regulations 2009, to keep a record of each complaint received, the subject matter and outcome and timescales for responding.
They are also obliged to make a summary of this information available to the public via an annual report. The Government believes that we should be committed to ensuring the system for resolving complaints about care is compassionate, personal, responsive, timely and ensures lessons are learned.
The Department established a national complaints programme board in December 2013. A comprehensive programme has been developed with national partners, including the Care Quality Commission (CQC), NHS England, Healthwatch England, the Parliamentary and Health Service Ombudsman, the Local Government Ombudsman, the Local Government Association, Monitor and the NHS Trust Development Association, to bring about important changes to the way complainants are supported and complaints are handled across the health and social care systems.
We are informed by the CQC that it is committed to strengthening its approach to assessing complaints and concerns during inspections. During an inspection, CQC inspectors will use key lines of enquiry to ascertain the standard of care. A mandatory key line of enquiry used during inspections of adult social care is whether the service routinely listens and learns from people’s experiences, concerns and complaints.
Under the Care Act, local authorities will have a new market shaping duty, meaning that they should work with local people and communities and engage with their local care providers to facilitate a diverse supply of high quality services.
The Care Act reforms should increase transparency and support more effective competition in local care markets. This will help providers of high quality care to attract more people, and to grow and diversify their share in the market.
We have just issued statutory guidance to local authorities about their new market shaping duties. Together with Association of Directors of Adult Social Services and the Local Government Association, we are developing a series of commissioning standards to improve local authority commissioning practices and encourage more flexibility, allowing providers to engage with them in new ways. We are keen to move commissioning from a “time and task” based to an outcomes-driven activity.
Asked by: Nadine Dorries (Conservative - Mid Bedfordshire)
Question to the Department of Health and Social Care:
To ask the Secretary of State for Health, if his Department will take steps to ensure that (a) care agencies, (b) managers and (c) individuals who have been found to be involved in the provision of sub-standard care provision are prevented from working in that industry in any local authority area.
Answered by Norman Lamb
All care agencies must register with and be inspected and regulated by the Care Quality Commission (CQC), as regulator of health and adult social care services. The CQC regulates care providers against a set of registration requirements in relation to safety and quality of services. Should the CQC find a care provider is not complying with regulatory requirements, it has a range of enforcement powers which it can employ, up to and including cancelling its registration to operate.
The Department worked closely with the Home Office to set up the Disclosure and Barring Service (DBS). The role of the DBS is to help employers make safer recruitment decisions and prevent unsuitable people from working with vulnerable groups of people. The DBS provides a system of criminal records checking and barring functions, to prevent unsuitable people from being able to work with vulnerable groups in regulated work in care and health settings.
This year, the DBS has been running a programme of free events targeted at those who have a responsibility for removing individuals from posts in regulated activity where harm has occurred. The events emphasise the responsibilities of employers to make referrals for barring and explain the DBS barring and decision making processes.
The Department has reinforced this message in the safeguarding guidance issued recently under the Care Act. The guidance is very clear that safe employment practices, including the duties to refer people who have caused harm, to the DBS, are a key part of effective safeguarding policies and practice in the care sector.
In order to make sure that people are held to account for the quality of care they provide, we are introducing measures to ensure that company directors who consent or turn a blind eye to poor care will be liable for prosecution. In the future, they and provider organisations could face unlimited fines if found guilty.
To ensure that social care providers and services employ and are run by people with the right values and skills, we are introducing a ‘fit and proper person’ test for Directors. Where the CQC considers a Director not to be fit to run a provider organisation, it will be able to insist on his or her removal.
Asked by: Nadine Dorries (Conservative - Mid Bedfordshire)
Question to the Department of Health and Social Care:
To ask the Secretary of State for Health, what assistance the Government provides to local authorities seeking to investigate failures in the provision of social care.
Answered by Norman Lamb
Each local authority is responsible for the quality of social care services it commissions. There is no national register or oversight of complaints in social care. However, local authorities are required, pursuant to the Local Authority Social Services and National Health Service (England) Regulations 2009, to keep a record of each complaint received, the subject matter and outcome and timescales for responding.
They are also obliged to make a summary of this information available to the public via an annual report. The Government believes that we should be committed to ensuring the system for resolving complaints about care is compassionate, personal, responsive, timely and ensures lessons are learned.
The Department established a national complaints programme board in December 2013. A comprehensive programme has been developed with national partners, including the Care Quality Commission (CQC), NHS England, Healthwatch England, the Parliamentary and Health Service Ombudsman, the Local Government Ombudsman, the Local Government Association, Monitor and the NHS Trust Development Association, to bring about important changes to the way complainants are supported and complaints are handled across the health and social care systems.
We are informed by the CQC that it is committed to strengthening its approach to assessing complaints and concerns during inspections. During an inspection, CQC inspectors will use key lines of enquiry to ascertain the standard of care. A mandatory key line of enquiry used during inspections of adult social care is whether the service routinely listens and learns from people’s experiences, concerns and complaints.
Under the Care Act, local authorities will have a new market shaping duty, meaning that they should work with local people and communities and engage with their local care providers to facilitate a diverse supply of high quality services.
The Care Act reforms should increase transparency and support more effective competition in local care markets. This will help providers of high quality care to attract more people, and to grow and diversify their share in the market.
We have just issued statutory guidance to local authorities about their new market shaping duties. Together with Association of Directors of Adult Social Services and the Local Government Association, we are developing a series of commissioning standards to improve local authority commissioning practices and encourage more flexibility, allowing providers to engage with them in new ways. We are keen to move commissioning from a “time and task” based to an outcomes-driven activity.
Asked by: Nadine Dorries (Conservative - Mid Bedfordshire)
Question to the Department of Health and Social Care:
To ask the Secretary of State for Health, if his Department will publish a central register of complaints about the providers of poor-quality social care.
Answered by Norman Lamb
Each local authority is responsible for the quality of social care services it commissions. There is no national register or oversight of complaints in social care. However, local authorities are required, pursuant to the Local Authority Social Services and National Health Service (England) Regulations 2009, to keep a record of each complaint received, the subject matter and outcome and timescales for responding.
They are also obliged to make a summary of this information available to the public via an annual report. The Government believes that we should be committed to ensuring the system for resolving complaints about care is compassionate, personal, responsive, timely and ensures lessons are learned.
The Department established a national complaints programme board in December 2013. A comprehensive programme has been developed with national partners, including the Care Quality Commission (CQC), NHS England, Healthwatch England, the Parliamentary and Health Service Ombudsman, the Local Government Ombudsman, the Local Government Association, Monitor and the NHS Trust Development Association, to bring about important changes to the way complainants are supported and complaints are handled across the health and social care systems.
We are informed by the CQC that it is committed to strengthening its approach to assessing complaints and concerns during inspections. During an inspection, CQC inspectors will use key lines of enquiry to ascertain the standard of care. A mandatory key line of enquiry used during inspections of adult social care is whether the service routinely listens and learns from people’s experiences, concerns and complaints.
Under the Care Act, local authorities will have a new market shaping duty, meaning that they should work with local people and communities and engage with their local care providers to facilitate a diverse supply of high quality services.
The Care Act reforms should increase transparency and support more effective competition in local care markets. This will help providers of high quality care to attract more people, and to grow and diversify their share in the market.
We have just issued statutory guidance to local authorities about their new market shaping duties. Together with Association of Directors of Adult Social Services and the Local Government Association, we are developing a series of commissioning standards to improve local authority commissioning practices and encourage more flexibility, allowing providers to engage with them in new ways. We are keen to move commissioning from a “time and task” based to an outcomes-driven activity.
Asked by: Nadine Dorries (Conservative - Mid Bedfordshire)
Question to the Department of Health and Social Care:
To ask the Secretary of State for Health, what steps his Department takes to ensure that local authorities are aware of their obligations to investigate complaints about poor-quality social care; and what assistance the Government provides to help them meet those obligations.
Answered by Norman Lamb
Each local authority is responsible for the quality of social care services it commissions. There is no national register or oversight of complaints in social care. However, local authorities are required, pursuant to the Local Authority Social Services and National Health Service (England) Regulations 2009, to keep a record of each complaint received, the subject matter and outcome and timescales for responding.
They are also obliged to make a summary of this information available to the public via an annual report. The Government believes that we should be committed to ensuring the system for resolving complaints about care is compassionate, personal, responsive, timely and ensures lessons are learned.
The Department established a national complaints programme board in December 2013. A comprehensive programme has been developed with national partners, including the Care Quality Commission (CQC), NHS England, Healthwatch England, the Parliamentary and Health Service Ombudsman, the Local Government Ombudsman, the Local Government Association, Monitor and the NHS Trust Development Association, to bring about important changes to the way complainants are supported and complaints are handled across the health and social care systems.
We are informed by the CQC that it is committed to strengthening its approach to assessing complaints and concerns during inspections. During an inspection, CQC inspectors will use key lines of enquiry to ascertain the standard of care. A mandatory key line of enquiry used during inspections of adult social care is whether the service routinely listens and learns from people’s experiences, concerns and complaints.
Under the Care Act, local authorities will have a new market shaping duty, meaning that they should work with local people and communities and engage with their local care providers to facilitate a diverse supply of high quality services.
The Care Act reforms should increase transparency and support more effective competition in local care markets. This will help providers of high quality care to attract more people, and to grow and diversify their share in the market.
We have just issued statutory guidance to local authorities about their new market shaping duties. Together with Association of Directors of Adult Social Services and the Local Government Association, we are developing a series of commissioning standards to improve local authority commissioning practices and encourage more flexibility, allowing providers to engage with them in new ways. We are keen to move commissioning from a “time and task” based to an outcomes-driven activity.
Asked by: Nadine Dorries (Conservative - Mid Bedfordshire)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many judges in England and Wales have been given training on the new laws on stalking to date.
Answered by Shailesh Vara
The responsibility for the training of judges lies with the Lord Chief Justice as head of the judiciary and is exercised through the Judicial College.
The Judicial College is not responsible for teaching and updating judges on the law; judges are professional lawyers and are expected to keep themselves up to date. However, reference to any relevant law will be made at training events for the topics covered. The Judicial College provides regular updates to judges on any changes to the law via a jurisdictional electronic internal newsletter and did so in respect of these provisions in June 2012.
The Judicial College regularly assesses judicial training needs and how to meet them. Ultimately, judges use the law to make independent decisions based on the evidence and information provided to them in court.
Asked by: Nadine Dorries (Conservative - Mid Bedfordshire)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many people have been convicted under the provisions of section 4a of the Protection from Harassment Act 1997; and how many such people received a custodial sentence.
Answered by Shailesh Vara
The stalking offences under the Protection from Harassment Act 1997, sections 2A (stalking) and 4A (stalking involving fear of violence or serious alarm or distress), have been available from 25 November 2012. The section 2A offence has a maximum penalty of six months’ imprisonment and/or a fine, and the section 4A offence has a maximum penalty of 5 years’ imprisonment.
The number of people convicted under sections 2A and 4A in 2012 and 2013 and those receiving custodial sentence can be viewed at the table below.
Defendants proceeded against at magistrates courts and found guilty and sentenced to immediate custody at all courts of offences under Sections 2A and 4A of the Protection from Harassment Act 1997, England and Wales, 2012 to 20131,2,3 | |||
Section of Act | Outcome | 2012 | 2013 |
Section 2A4 | Proceeded against | 8 | 293 |
| Found guilty | 2 | 196 |
| Sentenced | 2 | 192 |
| Of which: |
|
|
| Immediate custody | 0 | 35 |
| Of which: |
|
|
| up to 12 months | 0 | 35 |
| 12 to 24 months | 0 | 0 |
| over 24 months | 0 | 0 |
|
|
|
|
Section 4A5 | Proceeded against | 0 | 154 |
| Found guilty | 0 | 53 |
| Sentenced | 0 | 42 |
| Of which: |
|
|
| Immediate custody | 0 | 14 |
| Of which: |
|
|
| up to 12 months | 0 | 10 |
| 12 to 24 months | 0 | 4 |
| over 24 months | 0 | 0 |
1 The figures given in the table relate to persons for whom these offences were the principal offences for which they were dealt with. When a defendant has been found guilty of two or more offences it is the offence for which the heaviest penalty is imposed for two or more offences, the offence selected is the offence for which the statutory maximum penalty is the most severe. 2 Every effort is made to ensure that the figures presented are accurate and complete. However, it is important to note that these data have been extracted from large administrative data systems generated by the courts and police forces. As a consequence, care should be taken to ensure data collection processes and their inevitable limitations are taken into account when those data are used. 3 The number of offenders sentenced can differ from those found guilty as it may be the case that a defendant found guilty in a particular year, and committed for sentence at the Crown Court, may be sentenced in the following year. 4 Pursue course of conduct in breach of S.1(1) of the Act which amounts to stalking. 5 Stalking involving fear of violence or serious alarm and distress. Note: Offences introduced 25 November 2012. Source: Justice Statistics Analytical Services—Ministry of Justice | |||
Asked by: Nadine Dorries (Conservative - Mid Bedfordshire)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many people have been convicted under the provisions of section 2A of the Protection from Harassment Act 1997; and how many such people received a custodial sentence.
Answered by Shailesh Vara
The stalking offences under the Protection from Harassment Act 1997, sections 2A (stalking) and 4A (stalking involving fear of violence or serious alarm or distress), have been available from 25 November 2012. The section 2A offence has a maximum penalty of six months’ imprisonment and/or a fine, and the section 4A offence has a maximum penalty of 5 years’ imprisonment.
The number of people convicted under sections 2A and 4A in 2012 and 2013 and those receiving custodial sentence can be viewed at the table below.
Defendants proceeded against at magistrates courts and found guilty and sentenced to immediate custody at all courts of offences under Sections 2A and 4A of the Protection from Harassment Act 1997, England and Wales, 2012 to 20131,2,3 | |||
Section of Act | Outcome | 2012 | 2013 |
Section 2A4 | Proceeded against | 8 | 293 |
| Found guilty | 2 | 196 |
| Sentenced | 2 | 192 |
| Of which: |
|
|
| Immediate custody | 0 | 35 |
| Of which: |
|
|
| up to 12 months | 0 | 35 |
| 12 to 24 months | 0 | 0 |
| over 24 months | 0 | 0 |
|
|
|
|
Section 4A5 | Proceeded against | 0 | 154 |
| Found guilty | 0 | 53 |
| Sentenced | 0 | 42 |
| Of which: |
|
|
| Immediate custody | 0 | 14 |
| Of which: |
|
|
| up to 12 months | 0 | 10 |
| 12 to 24 months | 0 | 4 |
| over 24 months | 0 | 0 |
1 The figures given in the table relate to persons for whom these offences were the principal offences for which they were dealt with. When a defendant has been found guilty of two or more offences it is the offence for which the heaviest penalty is imposed for two or more offences, the offence selected is the offence for which the statutory maximum penalty is the most severe. 2 Every effort is made to ensure that the figures presented are accurate and complete. However, it is important to note that these data have been extracted from large administrative data systems generated by the courts and police forces. As a consequence, care should be taken to ensure data collection processes and their inevitable limitations are taken into account when those data are used. 3 The number of offenders sentenced can differ from those found guilty as it may be the case that a defendant found guilty in a particular year, and committed for sentence at the Crown Court, may be sentenced in the following year. 4 Pursue course of conduct in breach of S.1(1) of the Act which amounts to stalking. 5 Stalking involving fear of violence or serious alarm and distress. Note: Offences introduced 25 November 2012. Source: Justice Statistics Analytical Services—Ministry of Justice | |||
Asked by: Nadine Dorries (Conservative - Mid Bedfordshire)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what further training is planned for (a) the probation service, (b) magistrates and (c) judges on the new stalking laws.
Answered by Shailesh Vara
(a) The National Probation Service is a new organisation that has only been in existence since June 2014. The Professional Skills Training team are in the process of putting together the national training plan and stalking awareness will be part of this.
(b) & (c) The responsibility for judicial training for courts judiciary lies with the Lord Chief Justice as head of the judiciary and is exercised through the Judicial College. Magistrates sit with legal advisers in court who advise them on the law.
The new stalking laws came from the amendments made to the Protection from Harassment Act 1997 by the Protection of Freedom Act 2012. The Judicial College provides regular updates to judges and legal advisers on any changes to the law via a jurisdictional electronic internal newsletter, and did so in respect of these provisions in June 2012.
The Home Office also issued a circular [Ref: 018/2012] on the new provisions in October 2012. This was issued to the Association Of Chief Police Officers (in England And Wales And Northern Ireland), Association Of Magisterial Officers, Central Council Of Magistrates Courts, Justices Clerks Society, Law Society, Magistrates Association, Ministry of Justice, and the Judicial College.
In addition the Justices Clerks Society also issued a circular to their members outlining the new provisions in December 2012.
The Judicial College regularly assesses judicial training needs and how to meet them. Ultimately, judges use the law to make independent decisions based on the evidence and information provided to them in court.
Asked by: Nadine Dorries (Conservative - Mid Bedfordshire)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many magistrates in England and Wales have been given training on the new laws on stalking to date.
Answered by Shailesh Vara
The responsibility for the training of Magistrates lies with the Lord Chief Justice as head of the judiciary and is exercised through the Judicial College.
Magistrates sit with legal advisers in court who advise them on the law. The Judicial College is not responsible for teaching and updating Legal Advisers on the law. However, reference to any relevant law will be made at training events for the topics being covered.
The Judicial College provides regular updates to Legal Advisers on any changes to the law via a jurisdictional electronic internal newsletter and did so in respect of these provisions in June 2012. In addition, the Home Office also issued a circular [Ref: 018/2012] on the new provisions in October 2012, and the Justices Clerks Society issued a circular to their members outlining the new provisions in December 2012.
The Judicial College regularly assesses judicial training needs and how to meet them. Ultimately, magistrates use the law to make independent decisions based on the evidence and information provided to them in court.