Health and Social Committee

HSC(4)-04-13 paper 1

Social Services and Well-being (Wales) Bill – Stage 1 consideration

To:                   Health and Social Care Committee
From:                Legislation Office
Meeting date:    30 January 2013


Purpose

1.   To outline the role of the Committee at Stage 1.     

2.   To invite the Committee to consider and agree the terms of reference and approach to Stage 1 scrutiny of the Social Services and Well-being (Wales) Bill (‘the Bill’).

Background

 

3.   On 22 January, the Business Committee referred the Bill to the Health and Social Care Committee (‘the Committee’), with a reporting deadline of 21 June 2013. 

 

4.   On 28 January, Gwenda Thomas AM, Deputy Minister for Children and Social Services, will introduce the Bill and Explanatory Memorandum. She will also make a statement in plenary on 29 January.

 

5.   A background briefing on the Bill has been prepared by the Research Service; this document is provided separately.

Role of the Committee

 

6.   The role of the Committee at Stage 1 is to “consider and report on the general principles of the Bill” (SO 26.10).

 

7.   There are no specific requirements in Standing Orders governing the way in which the Committee carries out this work. On this basis, draft terms of reference are set out in paragraph 9 of this paper, and a suggested approach to scrutiny is set out in paragraphs 10-15. 

 

8.   Once the Committee has reported, there will be a Stage 1 debate in plenary. At the end of this debate, the Assembly will be asked to agree the general principles of the Bill. If these are agreed, the Bill progresses to Stage 2, which involves the consideration and disposal of amendments by the Committee (Stage 2 is currently scheduled to take place during September/October 2013). 

 

 

Draft Terms of Reference

 

9.   In scrutinising the general principles of the Bill at Stage 1, it is suggested that the Committee agrees the following terms of reference:

 

To consider the general principles of the Bill and the need for legislation that aims to make provision for:

 

·         Consolidated Welsh legislation that simplifies and clarifies duties that would aid the efficient delivery of social services and reduce the time and effort required to understand the current legal framework;

 

·         New legislation that would restate the Welsh Government’s commitment to integrated social services for both adults and children and their carers with a Director of Social Services responsible for both. The Bill allows for a Director to be responsible for social services in more than one local authority.  Provisions in the Bill aim to promote partnership and closer, more integrated working between local authorities and between local authorities and other bodies, including NHS providers.  Joint working provisions in the Bill would facilitate the reform of adoption services;

 

·         The strengthening of national direction and increased consistency of access to and provision of social services across Wales and to introduce and enhanced prevention and early intervention (and well-being) role for local authorities and their partners to prevent or delay the need for care and support. 

·          The promotion of the empowerment of service users – enhancing voice and control.

 

Committee’s approach to Stage 1 scrutiny

 

10.        In line with the deadline set by the Business Committee, the Committee will need to complete its scrutiny of the Bill and lay its report no later than 21 June.

 

11.        The reporting deadline allows 16 sitting weeks in which to undertake this work, although it will have to be carried out alongside the Committee’s other policy and legislation work.  Given the heavy workload of the Committee there are currently 5 evidence sessions scheduled with external witnesses and 2 with the Deputy Minister for Children and Social Services.

 

12.        The Committee has previously agreed the following general approach to scrutiny of legislation at stage 1:—

 

 

§   Invite written submissions
Invite written submissions from selected organisations and individuals. A suggested list of consultees is attached at Annex 1.

 

§   Oral evidence
Invite key stakeholders to give oral evidence at future meetings (alongside the consultation exercise). A suggested approach to managing the oral evidence sessions is to ‘theme’ the 5 scheduled sessions to mirror the main provisions of the Bill. A suggested schedule is attached at Annex 2.

 

§   Engagement/Outreach

Attached at Annex 3 is a proposed outline for engagement and outreach work to support the committee in undertaking its work. Given the deadlines involved, some options are more viable than others.

 

13.        The reporting deadline allows for a 6-week consultation period, from 1 February to 15 March.  This will enable written evidence to be considered and used to inform the oral evidence sessions.

 

14.        The evidence gathered, both written and oral, will help inform the Committee’s consideration of the Bill and its subsequent report.

 

15.        For information, the Assembly’s Standing Orders enable both the Finance Committee and the Constitutional and Legislative Affairs Committees to report on the relevant aspects of Bill.

Action

 

16.        The Committee is invited to agree:

 

§   the draft terms of reference (as outlined in paragraph 9);

 

§   its approach to Stage 1 scrutiny (as outlined in paragraphs 10 – 15);

 

§   to a six-week consultation exercise and the list of consultees (Annex 1);

 

§   agree the themed approach to scrutiny of the Bill (Annex 2, and

 

§   note and comment on the proposed engagement and outreach work to support the committee (Annex 3).

 

 

Annex 1

Suggested persons/organisations to contact for written evidence:

*Responded to Welsh Government Consultation

 

Health Boards and NHS Trusts in Wales

Abertawe Bro Morgannwg University Health Board

Aneurin Bevan Health Board

Betsi Cadwaladr University Health Board

Cardiff and Vale University Health Board

Hywel Dda Health Board

Cwm Taf Health Board

Powys Teaching Health Board

Velindre NHS Trust Board

Welsh Ambulance Service NHS Trust

Public Health Wales

Community Health Councils

Board of Community Health Councils in Wales *

Abertawe Bro Morgannwg

Aneurin Bevan CHC (Gwent,Caerphilly,Torfaen,Newport, Mon

Betsi Cadwaladr CHC (Conwy,Gwynedd,Ynys Mon)

Brecknock and Radnor CHC

Cardiff & The Vale CHC

Cwm Taff CHC

Hywel Dda CHC

Montgomery CHC

Local Government – Chief Executives, ADSS, ADEW

Blaenau Gwent County Borough Council

Bridgend County Borough Council

Caerphilly County Borough Council

Cardiff County Council

Carmarthenshire County Borough Council

Ceredigion County Council

City and County of Swansea

Conwy County Borough Council

Denbighshire County Borough Council

Flintshire County Borough Council

Gwynedd Council

Isle of Anglesey County Council

Merthyr Tydfil County Borough Council

Monmouthshire County Borough Council

Neath Port Talbot County Council

Newport City Council

Pembrokeshire County Council

Powys County Council

Rhondda Cynon Taff County Borough Council

Torfaen County Borough Council

Vale of Glamorgan Council

Wrexham County Borough Council

Welsh Local Government Association *

Safeguarding Children Boards

Blaenau Gwent County Borough Council

Bridgend County Borough Council

Caerphilly County Borough Council

Cardiff County Council

Carmarthenshire County Borough Council

Ceredigion County Council

Denbighshire County Borough Council

Flintshire County Borough Council

Gwynedd Council

Merthyr Tydfil County Borough Council

Torfaen County Borough Council

Neath Port Talbot County Council

Newport City Council

Pembrokeshire County Council

Powys County Council

Rhondda Cynon Taff County Borough Council

City and County of Swansea

Vale of Glamorgan Council

Wrexham County Borough Council

All Wales Youth Offending Team Managers Cymru

Bridgend County Borough Council

Caerphilly County Borough Council

Cardiff County Council

Carmarthenshire County Borough Council

Ceredigion County Council

Denbighshire County Borough Council

Flintshire County Borough Council

Gwynedd Council

Merthyr Tydfil County Borough Council

Monmouthshire County Borough Council

Neath Port Talbot County Council

Newport City Council

Pembrokeshire County Council

Powys County Council

Rhondda Cynon Taff County Borough Council

City and County of Swansea

Vale of Glamorgan Council

Wrexham County Borough Council

Official Agencies

CAFCASS Cymru

Care and Social Services Inspectorate Wales *

The Children’s Commissioner for Wales *

Equality and Human Rights Commission

Health and Safety Executive

Healthcare Inspectorate Wales *

Health Protection Agency

Institute of Rural Health

NHS Wales Informatics Service

National Institute for Health and Clinical Excellence

National Leadership and Innovation Agency for Healthcare

The Older People’s Commissioner for Wales

Social Care Institute for Excellence *

Social Services Improvement Agency

Professional Bodies

ADEW

ADSS Cymru

Association of Directors of Social Services

British Association of Social Workers Cymru *

National Association of Probation Officers

Royal College of Physicians

The Welsh NHS Confederation

Voluntary Sector

Action on Hearing Loss Cymru

Action for Children

Adoption UK *      

Age Cymru – My Home Life Project *

Aids Trust Cymru

All Care

All Wales Forum of Parents and Carers

All Wales People First

Adoption Register UK

Anheddau Cyf

Arthritis Care in Wales

Association for Real Change Wales

Association for Spina Bifida and Hydrocephalus in Wales

Ategi Ltd

Autism Cymru

Black Voluntary Sector Network Wales

Bobath Children’s therapy Centre Wales

British Deaf Association Wales

British Heart Foundation Cymru

British Institute of Learning Disabilities

British Red Cross

Carers Trust Wales        

Disability Rights UK

Cerecare Nursing and Domiciliary Services

Chwarae teg

Civil service Pensioners Alliance

CLIC Sargent

Community Practitioners and Health Visitors Association

Community Transport Association

Consumer Focus Wales

Contact the Elderly

Crossroads Caring for Carers

Cruse Bereavement Care Cymru

Cymorth Cymru

Cystic Fibrosis Trust

Daybreak (Wales) Ltd. (no e-mail address/telephone number available)

Dementia UK

Depression Alliance

Disabled Children Matter

Diabetes Cymru

Epilepsy Wales

Gingerbread

GISDA, John Edwards, Office Manager

Grandparents Association

Independent Age

Macmillan Cancer Support

Merched y Wawr

Mothers Union in Wales

Minority Ethnic Women's Network Wales

MDF the Bipolar Organisation Cymru

Mudiad Ysgolion Meithrin

NACRO Cymru

National Autistic Society in Wales

National Childbirth Trust

National Deaf Children's Society Wales

National Federation of Royal Mail and BT Pensioners

National Federation of Women’s Institutes

National OAP Association of Wales

National Pensioners’ Convention

New Family Social

NIACE Dysgu Cymru

Older People’s Advocacy Alliance

One Voice Wales

PACT

Parents Federation

Parkinson’s UK Cymru *

Patients Association

Pensioners Forum Wales

Sense Cymru

RNIB Cymru

RNID Cymru

Royal British Legion

Save the Children

SNAP Cymru

Stonewall Cymru

BAAF *

TACT Cymru

The Disability Can Do Organisation

Vision 21 (Cyfle Cymru)

Wales Carers Alliance

Wales Mobility and Driving Assessment Service

Wales Neurological Alliance

Wales Senate of Older People

Wales Carers Workers Network

Wales Council for the Blind

Wales Council for the Deaf

Welsh Reablement Alliance

WRVS *

Housing providers, Independent sector and representative bodies

 

Association of Retirement Housing Managers

Centre for Housing and Support

St Davids Children Society *    

EroSH (Essential Role of Sheltered Housing)

National Care Association

North Wales Care Association

Registered Nursing Home Association

UK Home Care Association

Melin Homes

Abbeyfield Homes

Valleys to Coast Housing

Seren Group

Pennaf Housing Group

Chartered Institute of Housing Cymru

Family Housing Association (Wales)

Academia

Welsh Institute for Health and Social Care (WIHSC)

Bangor University School of Social Sciences

Swansea University Centre for Innovative Ageing

Centre for Social Carework Research

Institute of Medical and Social Care Research - Dementia Services Development Centre Wales

Cardiff University

Older People & Ageing Research and Development Network (OPAN Cymru)

Bangor Law School

Aberystwyth Law School

Swansea Law School

Glamorgan Law School

Cardiff Law School

Social Services Research Group

Regional Social Care Partnerships

South East Wales

South West Wales

North Wales

 

Mid Wales

Trade Unions

UNISON

Unite

Wales TUC

Chief Constables of Police Forces

Dyfed Powys

Gwent

North Wales

South Wales

Chief Fire Officers of Fire and Rescue Services in Wales

Mid & West Wales, Richard Smith, Chief Fire Officer

North Wales, Simon A Smith,Chief fire Officer’s PA,

South Wales, Huw Jakeway, Chief fire Officer

Other

 

Wales Cooperative Centre

National Institute for Social Care and Health Research (NISCHR)

Community Pharmacy Wales

 

Respondents to Welsh Government consultation

Administrative Justice and Tribunals Council

Advocacy Matters

After adoption

Age Alliance Wales

Age Connects – Age Cymru

Alzheimers Society

Barnardos

Black Association of Women Step Out (BAWSO)

British Geriatric Society Wales

British Lung Foundation

Board of Community Health Councils (CHCs)

BUPA

Care and Repair

Care Co-ordination Network Cymru 

Care for the Family

Care Forum Wales

Carers Wales

Cartrefi Cymru

CCW

Chartered Society of Physiotherapy

Children in Wales

Care for the Family

Citizens Advice Cymru

College of Occupational Therapists

Community Housing Cymru

Community Lives Consortium

Contact a Family

Consortium of Voluntary Adoption Agencies

Dignified Revolution

Disability Wales

Diverse Cymru

Domiciliary Care Association Wales

Downs Syndrome Association

FNF Both Parents Matter Cymru

Fostering Network Wales

GOFAL

GRWP Gwalia

Hafal

Hafod Care

Haven Trust

Information Commissioners Office

Joseph Rowntree Foundation

Law Society

Learning Disability Wales

Leonard Cheshire Disability

Linc Care

Lles Cymru/Wellbeing Wales

Mencap Cymru

Mental Health Advocacy Providers

Motor Neurone Disease Association

MS Society

National Aids Trust

National Offender Management Service Cymru

Nationwide Association of Fostering Providers

North Wales Adoption Service

NSPCC

Perthyn, Assistant Director, Christine Rees

Post Adoption Centre

Public Health Wales

Public Services Ombudsman for Wales

Royal College of General Practitoners Wales

Royal College of Nursing

Royal College of Nursing (Wales) Dignified Care Group

Royal College of Paediatrics and Child Health

Royal College of Psychiatrists in Wales

Royal College of speech & language therapists

Royal Pharmaceutical Society

Scope

Stroke Association

Tai Pawb

Tros Gynnal Plant

Tunstall Healthcare

United Welsh Housing Association

Voices from Care

Wales Audit Office

WCVA

Welsh Language Commissioner

Welsh Physiotherapy Leaders Advisory Group

Welsh Refugee Council

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Annex 2

 

Suggested themes for organising scrutiny of the Bill

 

1.  Overarching principles of the Bill:

·         Key principles of the Bill

·         Core principles of the Bill

·         Is the Bill designed to deliver future Social Services

·         Promoting user-led and socially–orientated services (social enterprise, user-led, voluntary sector etc.)

 

2.  Access to services by adults, children and carers:

·         Well-being duties, preventative services, information and advice

·         Assessing adults, children and carers

·         Meeting the needs of adults, children and carers, including Direct Payments

·         Charging and financial assessment

 

3.  Services for looked after/accommodated/adopted children:

·         Looked After Children, review of cases, leaving care

·         Accommodated Children, secure accommodation

·         Adoption

 

4.  Safeguarding adults and children:

·         Adult protection arrangements

·         National Independent Safeguarding Board

·         Safeguarding and Protection Boards

 

5.  Social services functions:

·         Social services functions, Directors of social services

·         National outcomes framework and codes

·         Collaboration, integration and partnership

·         Complaints and representations

·         Other – including ordinary residence, recovery of costs etc. central government intervention

 

Annex 3

Health and Social Care Committee

Social Services and Well-being (Wales) Bill

Stage 1 Scrutiny - Communications Proposal

Introduction

As part of its Stage 1 scrutiny of Bills Committees would normally undertake consultation and engagement work.  This would usually consist of a general call for evidence, invite written submissions, gather oral evidence in committee and work with the Assembly’s Outreach Team to engage with a section of the general public to gauge views on the Bill.

Given the size and complexity of the Social Services and Well-being (Wales) Bill it is suggested that the committee may wish to consider utilising a wider range of communication and engagement tools to assist in undertaking its Stage 1 scrutiny.

This paper sets out methods of engagement that can be delivered by the Assembly Outreach Teamand includes a number of suggestions for consulting with target audiences based on initial consultation with a sample of relevant individuals and organisations.

Once the Committee has considered these options and agreed any methods of engagement that they wish to pursue, the Outreach Team will work with the Legislation Clerks and Research Service to develop a structure for support and delivery. 

Suggested Methods of Engagement

Events

Events and visits are an opportunity for the Committee to:

·         Promote the inquiry;

·         Provide AMs with an opportunity to speak to interested individuals and groups;

A number of groups are set to hold events in the Senedd during Stage 1 scrutiny of the Bill and Members may wish to engage with these. They include:

February

·         The Roy Castle Lung Cancer Foundation (4/2/13)

·         WGC Homelessness (7/2/13)

·         Diverse Cymru (8/2/13)

·         Save the Children (19/2/13)

·         University of Glamorgan Public Affairs Lecture (19/2/13)

·         Rare Disease Day (20/2/13)

·         Marie Curie Daffodil Appeal (26/2/13)

March

·         International Women’s Day (8/3/13)

·         Looking into abuse (6/3/13)

·         World Social Work Day (20/3/13)

·         Cymorth Cymru (21/3/13)

Advisory Group

We are aware that there are a number of external organisations, have shown an interest in actively engaging directly with committee members, with a view to influencing and advising on the committee’s stage 1 consideration of the Bill.

 

As such, through discussions with the committee chair and support from some committee Members, it has been suggested that these organisations form an advisory group, to avoid duplication of engagement whilst also developing partnership working.  The Group will benefit from bringing together organisations that would normally engage individually with Assembly Members.   The Advisory Group will also be able to co-ordinate specific advice from their various areas of expertise, which comprises of a range of active charities within the social care field.

 

The Advisory Group will provide advice to Committee Members on key issues arising from the proposed legislation, including identification of questions and issues which might be addressed with individual witnesses to the Health and Social Care Committee at Stage One.   The Advisory Group will also help to identify some of the legal implications of the changes in legislation and how these interact with the changes in England and current duties on statutory agencies in Wales.


Visits and Involvement of hard-to-reach Groups

 

For the purposes of this Bill individual committee members may wish to conduct visits to relevant establishments and/or individuals, within their constituencies.  Such visits would be informal, with no record taken of proceedings and can be used for the purpose of gathering evidence from those directly affected by the Bill.  For example, service users whose service provision may be changed as a result of the Bill.

Gathering evidence from hard-to-reach groups is always a challenge but the Committee may feel that gathering evidence from these groups may be a priority given the nature of this Bill.   Involvement of such groups may best be undertaken through visits, as meeting them in their own surroundings is more productive than formal evidence gathering techniques, which can be intimidating.

Such engagement would normally need to be on a face-to-face basis and any evidence gathered would need careful consideration as to how this might be shared with the wider committee or used to inform the scrutiny process.

 

Similarly, the Committee may also wish to engage with service deliverers at the point of service delivery, through these means.

Expert advisers

 

The Committee agreed in principle at its meeting on 5 December 2012 that assistance from the relevant field would be helpful and the option was worth exploring. The Committee agreed that it may be beneficial to consider seeking advice from a number of advisers, each of whom could assist with consideration of particular issues, rather than the appointment of a single expert adviser.

 

Reporters/rapporteurs

 

Members are familiar with the use of rapporteur groups and may wish to consider this approach with the Bill. Similarly, members may wish to pursue the use of reporters where a single member of a committee is tasked by the committee to report back on a specific subject.  The use of reporters may “lend itself” better to the gathering of information as part of the scrutiny of this Bill due to the sensitivity of some of the issues that may arise.   For example, the Children and Young People Committee gathered information from prospective and adoptive parents in a similar way as part of their inquiry into Adoption.   Such an approach generated information that could not otherwise have been gathered through the more formal or traditional methods of engagement.

 

Speed networking event

Members of the Committee have undertaken speed networking events in the past and have found them to be beneficial.  This type of event gives Assembly Members a platform to meet with relevant service representatives and service users, to learn more about the field and who the key stakeholders are. Secondly, they provide the relevant parties with a platform to meet with Assembly Members to discuss issues, priorities and campaigns. We understand that as part of the Advisory Group’s introduction to the Committee, they are proposing to hold a speed networking event.