HC Deb 13 April 1978 vol 947 cc522-4W
Mr. Carter-Jones

asked the Secretary of State for Social Services (1) if he is satisfied that persons whom a local authority has a duty to assist under Part III of the National Assistance Act 1948 are informed of the method by which they can complain against failure by the local authority to fulfil its duty: and if he will make a statement;

(2) if he is satisfied that persons whom a local authority has a duty to assist under Schedule 8 to the National Health Service Act 1977 are informed of the method by which they can complain against failure by the local authority to fulfil its duty; and if he will make a statement;

(3) if he is satisfied that persons whom a local authority has a duty to assist under Section 2 of the Chronically Sick and Disabled Persons Act 1970 are informed of the method by which they can complain against failure by the local authority to fulfil its duty; and if he will make a statement;

(4) how many complaints against local authorities have been received under Section 36 of the National Assistance Act 1948 since that Act came into force; what action was taken in each case; and if he will make a statement;

(5) what procedures exist to deal with complaints made against local authorities that he receives under Section 36 of the National Assistance Act 1948; and if he will make a statement;

(6) what redress is available to disabled people when local authorities fail to carry out the duties conferred upon them under Schedule 8 to the National Health Service Act 1977 and the relevant circulars issued by his Department; and if he will make a statement;

(7) what redress is available to disabled people where local authorities fail to fulfil the duties conferred upon them by Section 2 to the Chronically Sick and Disabled Persons Act 1970; and if he will make a statement;

(8) what redress is available to disabled people when local authorities fail to carry out the duties conferred upon them by Part III of the National Assistance Act 1948 and his Department's local authority Circular 13/74; and if he will make a statement.

Mr. Alfred Morris

Several methods of complaint are open to people who are aggrieved by a decision of a local authority. These include approaching a local councillor, a Member of Parliament, the Commissioner for Local Administration or my Department. While I cannot be sure how many people are unaware of all these methods, I have sought to publicise ways in which complaints can be pursued. Many voluntary agencies also provide advice about the making of complaints and how they can be followed through.

Section 36 of the National Assistance Act 1948 and Section 85 of the National Health Service Act 1977 provide specific default procedures in relation to certain social services functions, under which any aggrieved person may make representations to the appropriate Secretary of Stat. All such representations are considered carefully and detailed inquiries may be made. There have not been many such representations. Where inquiries have been made, they have on occasion led authorities to reconsider the scale of provision in the service concerned.

Mr. Carter-Jones

asked the Secretary of State for Social Services if he will introduce legislation to amend Section 2 of the Chronically Sick and Disabled Persons Act 1970 in order to render duties conferred by that section on local authorities enforceable in the courts; and if he will make a statement.

Mr. Alfred Morris

I have no reason to believe that the remedies open to an aggrieved citizen are insufficient in practice. As I have made clear publicly on several occasions, my Department will take up any case where there is reason to believe that an authority may be misinterpreting its legal obligations. If my hon. Friend has a particular case in mind, and will send me details I will gladly look into it.