Chronically Sick and Disabled Persons Act 1970 (Hansard, 1 December 1999)

§ Mr. Hutton

These provisions require the Secretary of State to report to Parliament each year on the number of disabled people aged under 65 who received long-term care in a hospital (or a part of a hospital) vested in the Secretary of State and used wholly or mainly for the care of elderly people (section 17(2)); and were supported by their local authority in residential care used by people of 65 or over (section 18(3)).

(By virtue of section 45 of the Government of Wales Act 1999, reports on the position in Wales are now for the National Assembly of Wales to publish, rather than for the Secretary of State to make to Parliament. In Scotland, this is a matter for the Scottish Executive and the Scottish Parliament).

Reports to Parliament under section 17(2) ceased after 1995 because the establishment of National Health Service trusts meant that there were no longer any hospitals "vested in the Secretary of State". Reports to Parliament under section 18 continue but show a considerable drop in the number of under-65s accommodated with over-65s. The figures they report are no longer, if they ever were, an unambiguous indicator of "inappropriate placements". (For example, if the caring decision is taken to allow a person who has reached his 65 birthday to stay in a home where he may have lived for several years, all the residents in the home who are aged under 65 will be included in the figures).

The Government therefore made clear, when making their report under section 18 last year, that they were minded to repeal these two provisions and would welcome any views on this proposal. Copies of the responses received have been placed in the Library. The majority support the proposal for repeal, some also noting that the system for registering care homes is a much more effective way of ensuring appropriate placements than statistical reports. Having considered all the responses, the Government have decided that repeal is the right option, and will pursue this when parliamentary time allows.