Care Act 2014
Write the words of this act the way you think they should read. Solon shows your change as a redline against the published text and pins it to that exact text, so it can never be applied to wording you did not see.
Change 1
68 Safeguarding enquiries and reviews
(1) This section applies where there is to be— (a) an enquiry under section 42(2), (b) a review under section 44(1) of a case in which condition 2 in section 44(3) is met or a review under section 44(4). (2) The relevant local authority must, if the condition in subsection (3) is met, arrange for a person who is independent of the authority (an “independent advocate”) to be available to represent and support the adult to whose case the enquiry or review relates for the purpose of facilitating his or her involvement in the enquiry or review; but see subsections (4) and (6). (3) The condition is that the local authority considers that, were an independent advocate not to be available, the individual would experience substantial difficulty in doing one or more of the following— (a) understanding relevant information; (b) retaining that information; (c) using or weighing that information as part of the process of being involved; (d) communicating the individual's views, wishes or feelings (whether by talking, using sign language or any other means). (4) The duty under subsection (2) does not apply if the local authority is satisfied that there is a person— (a) who would be an appropriate person to represent and support the adult for the purpose of facilitating the adult's involvement, and (b) who is not engaged in providing care or treatment for the adult in a professional capacity or for remuneration. (5) For the purposes of subsection (4), a person is not to be regarded as an appropriate person unless— (a) where the adult has capacity to consent to being represented and supported by that person, the adult does so consent, or (b) where the adult lacks capacity so to consent, the local authority is satisfied that being represented and supported by that person would be in the adult's best interests. (6) If the enquiry or review needs to begin as a matter of urgency, it may do so even if the authority has not yet been able to comply with the duty under subsection (2) (and the authority continues to be subject to the duty). (7) “Relevant local authority” means— (a) in a case within subsection (1)(a), the authority making the enquiry or causing it to be made; (b) in a case within subsection (1)(b), the authority which established the SAB arranging the review.
68 Safeguarding enquiries and reviews
(1) This section applies where there is to be— (a) an enquiry under section 42(2), (b) a review under section 44(1) of a case in which condition 2 in section 44(3) is met or a review under section 44(4). (2) The relevant local authority must, if the condition in subsection (3) is met, arrange for a person who is independent of the authority (an “independent advocate”) to be available to represent and support the adult to whose case the enquiry or review relates for the purpose of facilitating his or her involvement in the enquiry or review; but see subsections (4) and (6). (3) The condition is that the local authority considers that, were an independent advocate not to be available, the individual would experience substantial difficulty in doing one or more of the following— (a) understanding relevant information; (b) retaining that information; (c) using or weighing that information as part of the process of being involved; (d) communicating the individual's views, wishes or feelings (whether by talking, using sign language or any other means). (4) The duty under subsection (2) does not apply if the local authority is satisfied that there is a person— (a) who would be an appropriate person to represent and support the adult for the purpose of facilitating the adult's involvement, and (b) who is not engaged in providing care or treatment for the adult in a professional capacity or for remuneration. (5) For the purposes of subsection (4), a person is not to be regarded as an appropriate person unless— (a) where the adult has capacity to consent to being represented and supported by that person, the adult does so consent, or (b) where the adult lacks capacity so to consent, the local authority is satisfied that being represented and supported by that person would be in the adult's best interests. (6) If the enquiry or review needs to begin as a matter of urgency, it may do so even if the authority has not yet been able to comply with the duty under subsection (2) (and the authority continues to be subject to the duty). (7) “Relevant local authority” means— (a) in a case within subsection (1)(a), the authority making the enquiry or causing it to be made; (b) in a case within subsection (1)(b), the authority which established the SAB arranging the review.
One line that says what changes, such as "Halve the dog tax".
Who it helps, what it costs, what it fixes. It is what persuades people to support it.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.
Sign in to file your proposal. What you have written stays on this page.
Sign in to file itThink it through
Ask what your change would do, who would gain and who would bear a cost, and where something like it is already law. The assistant reads your draft as it stands, cites the law and the studies it finds, and takes no side. What you file stays yours.