§ Mr. O'HaraTo ask the Secretary of State for Health (1) which local authorities have made representations to his Department on section 117 of the Mental Health Act 1983 following the High Court judgment Rv. London Borough of Richmond ex parte Watson and have been advised not to charge for section 117 services; [110981]
(2) what steps have been taken by his Department to ensure that local authorities follow the decision made in the High Court in R v. London Borough of Richmond ex parte Watson and other related cases; [110982]
(3) pursuant to his answer of 18 January 2000, Official Report, column 423W, on the Mental Health Act 1983, if there continues to be a variation in practice between local authorities; [110980]
(4) what research has been undertaken by (a) his Department and (b) local authorities to establish the cost if local authorities ceased to charge for residential care under section 117 of the Mental Health Act 1983, in line with the High Court judgment R v. London Borough of Richmond ex parte Watson. [110979]
§ Mr. HuttonOn 10 February 2000 the Department issued a circular to local authorities and health authorities in England drawing attention to the High Court judgment Rv. London Borough of Richmond ex parte Wilson (HSC 2000/003: LAC (2000)3). Local authorities still charging for services provided as part of after-care under section 117 of the Mental Health Act 1983 are advised that they should immediately cease to do so. This is consistent with previous informal advice given by the Department and with the response to recent representations by the Association of Directors of Social Services (ADSS) on this issue made on behalf of local authorities. We have no detailed information about which local authorities have continued to charge since the High Court judgment nor 76W the cost to local authorities of ceasing to charge. I understand that ADSS has issued a questionnaire to local authorities on this issue but am not aware of the results of that survey.