WQ82130 (e) Tabled on 24/02/2021

Will the Minister confirm when the Health and Social Care (Quality and Engagement) (Wales) Act 2020 code of practice will be published and will this contain the existing rights of CHCs to visit unannounced; to co-operation; to be heard, including on service change, and to full, public and timely responses?

Answered by Minister for Mental Health, Well-being and the Welsh Language | Answered on 05/03/2021

The code of practice on access to premises will be developed during the implementation period for the Citizen Voice Body.  This is so it can be brought into operation very shortly after the new Body is legally established and as soon as the Body itself has been consulted on a draft of it. 

Once Part 4 of the Act is commenced, the Citizen Voice Body, NHS bodies and local authorities will all be under a duty to have regard to the code in the exercise of their relevant functions.  They must also be consulted in its preparation.

The code will make clear that facilitating individuals’ access to the Citizen Voice Body is wholly in line with existing requirements on NHS bodies and local authorities to support citizen engagement, such as those set out in the Health and Care Standards and those enshrined within The Social Services and Well-being (Wales) Act 2014.

The scope of the Citizen Voice Body is broader than that of Community Health Councils and extends to hearing from people who may be receiving support, care or treatment in a range of different environments, including residential settings.  The code will reflect this and set out how arrangements to engage with individuals can be made where access to premises is agreed.

The Act also requires NHS bodies and local authorities to have regard to representations made to them by the Citizen Voice Body, which could include matters such as service change; and requires them to have regard to statutory guidance, that will ensure proportionate procedures are put in place for considering those representations and will mean that the Citizen Voice Body is advised of the outcomes.  This guidance will be produced at the same time as the code, also with a significant degree of engagement.

Furthermore, NHS bodies and local authorities will have to provide the Citizen Voice Body with any information that it reasonably requests for the purpose of carrying out its functions.  If they decide not to disclose the information, they must provide the Body with their reasons, in writing. 

All of these provisions go some way to ensuring that the Citizen Voice Body is enabled to carry out its functions effectively and will serve to strengthen peoples’ participation in shaping the design and delivery of health and social services.