Member

The noble Baroness, Lady Hollins, spoke to me earlier about ensuring compliance with the code of practice, which is a point well made. In response, I can say that the code sets out who must have regard to the code. Under current arrangements under the Health and Social Care Act 2008, registered providers must ensure that staff have appropriate training to carry out their role. Looking to the future, the department will work with NHSE, Social Work England and other partners to develop appropriate training for staff on these reforms. Once the code of practice has been updated, professionals working under the Act will be required to undergo training to maintain their competence and awareness of the Act. I emphasise that failure to have regard to the code may give rise to legal challenges, as noble Lords are aware. Courts will scrutinise reasons for departing from the code to ensure that there is sufficiently convincing justification in the circumstances that have led to this departure.