HC Deb 10 March 1989 vol 148 c67W
Mr. Hinchliffe

To ask the Secretary of State for Health which agency is responsible for the care of dependent elderly persons asked to leave private residential homes because of their inability to meet increases in fees charged.

Mr. Mellor

Under section 21 of the National Assistance Act 1948 and directions issued by the Secretary of State, a local authority has a statutory duty to make arrangements to provide residential accommodation for persons ordinarily resident in its area who by reason of age, infirmity or other circumstances are in need of care and attention which is not otherwise available to them.

We would therefore expect the local authority to be consulted where an elderly person was unable to meet an increase in the fee charged by a private or voluntary residential care home.

Mr. Hinchliffe

To ask the Secretary of State for Health if he will take action to ensure that proprietors of private residential or nursing homes are not allowed to handle their residents' personal finances.

Mr. Mellor

The code of practice for residential care, "Home Life", recommends that those involved in the running of a home should not, except as a last resort, become involved in the handling and management of a resident's financial affairs. It is also the policy of my right hon. Friend the Secretary of State for Social Security, not to appoint those in charge of a residential care home or nursing home to act for a resident in receipt of social security benefits unless no other course is open.

The Residential Care Homes Regulations governing standards in residential care homes were amended from August last year, so that the registered person is now required to keep a record showing for each individual resident any money or other valuables received on his behalf and how it has been spent or disposed of by the registered person. Where, exceptionally, a registered person is appointed to act on behalf of the resident for the purpose of his income support benefit, arrangements are being made for the local authority to be notified by the Department of Social Security's local offices of such appointment so that the authority's inspector can see that these records are being maintained. They will also be able to report to the local offices any suspected misuse of benefit.

Mr. Hinchliffe

To ask the Secretary of State for Health if he will take steps to ensure that health authority staff are not permitted to own, manage or have interests in private residential or nursing homes.

Mr. Mellor

Individual health authorities already have a clear responsibility to satisfy themselves that their employees' interests do not conflict with those of the authority. I look to the authorities to ensure that such conflicts do not arise.