§ Mr. Hugh Jenkinsasked the Secretary of State for Social Services what is his policy in cases under the Chronically Sick 281W and Disabled Persons Act where a local authority withdraws a service from a disabled person without any diminution in need; and if he will make a statement.
§ Mr. Alfred MorrisIn the interests of disabled people, I have obtained legal advice on the effect of the Act on the duties of authorities in determining and meeting need.
I am advised that local authorities have a clear statutory duty under the Act to meet identified and accepted needs in respect of all the services in Section 2.
I am further and unequivocally advised that services given under this Section may not be withdrawn in the absence of a reduction of need. Thus any authority which sought, for example, to withdraw a telephone provided under the Act, solely on the grounds of financial expediency, would be breaking the law.
I have instructed my officials to make inquiries in any case where there is reason to think that a local authority may be in breach of its statutory duty. If my hon. Friend has a particular case raised with him, I shall be glad to have it fully and urgently examined.