§ Mr. Alfred Morrisasked the Secretary of State for Social Services if he will make it his policy to make an inquiry under section 36 of the National Assistance Act 226W 1948 of any local authorities which publish a nil budget estimate for any service for which they have a duty to assess the needs of disabled people under section 2 of the Chronically Sick and Disabled Persons Act 1970; and if he will make a statement.
§ Mr. Major[pursuant to his reply, 26 January 1987]: Under section 2 of the Chronically Sick and Disabled Persons Act 1970 local authorities have a duty to provide certain services for an individual disabled person if they are satisfied that such services are necessary in order to meet his or her needs. Section 36 of the National Assistance Act provides that where a local authority has failed to discharge its duties under section 2, the Secretary of State may, after such inquiry as he may think fit, make an order declaring the authority to be in default. The publication of a nil budget estimate cannot in itself indicate such a failure. Where, however, there is evidence that a local authority has failed actually to provide the services which are necessary to meet a disabled person's needs, the necessary inquiries are made.