§ Mr. John CryerTo ask the Secretary of State for Health what guidance he has issued to health authorities and community healthcare trusts following the LU Bournewood Community and Mental Health Trust judgment to prevent the sudden withdrawal of respite services to adults with severe learning difficulties without alternative provision being in place; and if he will make a statement. [40014]
§ Mr. BoatengGeneral guidance about the implications of the Court of Appeal judgment has been issued by the Department and by the Mental Health Act Commission. The note issued by the Commission includes discussion of the arrangements for provision of respite care for patients who lack capacity but the implications of the judgment for this group of patients are not clear and trusts 351W are therefore advised to seek formal legal advice. This is one of the issues that will be raised in the appeal to the House of Lords which is due to be heard in early June.
It is for health authorities and trusts to decide locally what action they should take and whether there is a need to alter existing arrangements for respite care. I expect National Health Service managers to make every effort to ensure that any changes are implemented with minimum disruption to patients and their carers.