HC Deb 05 August 1975 vol 897 cc218-20
13. Mr. Carter-Jones

asked the Secretary of State for Social Services if she will make a statement regarding the implementation of Section 2 of the Chronically Sick and Disabled Persons Act 1970 by local authorities.

49. Mr. George Rodgers

asked the Secretary of State for Social Services what is the most recent information she has on the extent to which local authorities are implementing their duties under Section 2 of the Chronically Sick and Disabled Persons Act 1970.

54. Mr. David Price

asked the Secretary of State for Social Services if she will issue a further circular to local authorities regarding their legal duties under Section 2 of the Chronically Sick and Disabled Persons Act 1970.

Mrs. Castle

The statistics showing help provided by local authorities under Section 2 are placed in the Library of the House each year as soon as available. Local government reorganisation makes comparisons difficult but the returns so far received in respect of 1974–75 suggest that the number of households assisted last year showed an increase over the 1973–74 figure.

I am satisfied that local authorities are aware of the mandatory nature of Section 2. Once they accept that need exists in respect of one of the services listed in the section, it is incumbent on them to make arrangements to meet that need. While it may be difficult sometimes in present circumstances to balance the discharge of the duty with due exercise of financial restraint, I believe that on the whole the right balance is being maintained. I see no need for a further circular. My hon. Friend the Under-Secretary with responsibility for the disabled has, however, said publicly that he will take up any individual case which suggests that a particular authority is misinterpreting the section.

Mr. Carter-Jones

I thank my right hon. Friend for that encouraging reply. Will she thank her hon. Friend with responsibility for the disabled for the reply on Section 2 that he gave to the National Deaf Children's Society and Action Research for the Crippled Child? Could that reply be widely circulated among local authorities so that they know the mandatory nature of Section 2? Is she aware that those of us who served in Committee on the Act did not realise how cunning we had been? Will she please review Circular 12/70, particularly the paragraph which discourages people from taking action under Section 2? Will she make sure that this review is made known to the public at large and to the disabled in particular?

Mrs. Castle

On the first point, I shall certainly convey what my hon. Friend has said to the Minister with responsibility for the disabled, who, I am sure, will carefully consider the suggestion. On the second point, I do not think that there is any need for me to add to what I have said, which is sufficient clarification in itself.

Mr. Boscawen

Will the right hon. Lady look carefully into the situation in which one area health authority discharges patients who are mentally handicapped or disabled back into the area of another health authority because the one area does not have the facilities and hopes that the other does? I know of a case where that has happened and it is not satisfactory. Will the Secretary of State look into these particular cases?

Mrs. Castle

I should certainly be willing to look into any case that the hon. Gentleman or any other hon. Member cared to bring to my attention.

Mr. Rodgers

Does my right hon. Friend agree that there is a feeling abroad, particularly among people serving in local authorities, that this legislation is optional? Would it not be useful if local authority members and officials were advised that this is the law of the land and that the Act must be administered in full? How will it be possible for local authorities to administer the Act successfully in view of the anti-inflation legislation?

Mrs. Castle

I do not quite see the relevance of the last part of the question, but on the first part I repeat that, once a local authority accepts that need exists in respect of one of the services listed in Section 2, it is incumbent on it, I am advised, to make arrangements to meet that need. Of course, "need" is an imprecise concept and local authorities have discretion in determining that need. Parliament did not attempt to define that precisely, so that there is and must be an area of discretion of which local authorities will take advantage in dealing with the conflict between what they desire to do and the resources they have available. Of course there are other facilities additional to those in Section 2 which are of value to the disabled. For example, they need cash—we try to give it to them—they need a house sometimes and they need social work support. The idea of help is a complex one.

Mrs. Chalker

Will the right hon. Lady investigate why there is not one Possum appliance in the Wessex Regional Health Authority area? Will she also look into the fact that the giving of appliances and adaptations to disabled people will often save a local authority a great deal of money in the long term, as identified in the Sunday Times article on Wendy Bassett last Sunday?

Mrs. Castle

I have of course seen that report and was as interested in it as was the hon. Lady. I am having inquiries made into the case and will be glad to write to the hon. Lady about it as soon as my inquiries are complete. With regard to the Possum machine I will draw the attention of the Minister with responsibility for the disabled to what she has said. Even there, however, it is a question of doing the most one can within the resources, which are limited. We all know that, and as a House we must accept it.