HC Deb 26 February 1990 vol 168 cc38-40W
Mr. Alfred Morris

To ask the Secretary of State for Health if, in view of the evidence in the social services inspectorate report "Developing Services for Disabled People" that there is widespread failure by local authorities to fulfil their duties under section 4 of the Disabled Persons (Services, Consultation and Representation) Act 1986 and section 2 of the Chronically Sick and Disabled Persons Act 1970, he will use his powers under section 36 of the National Assistance Act 1948 to take urgent action in all individual cases brought to his attention; and if he will make a statement.

Mr. Freeman

While the report revealed differences in the extent to which social services departments have agreed new policies and introduced new operational plans in the light of section 4 of the Act, it did not reveal evidence of widespread failure to comply with that section. Requests to invoke section 36 of the National Assistance Act 1948 are considered on their merits. The Department takes up serious cases directly with the authority concerned.

Mr. Alfred Morris

To ask the Secretary of State for Health if, in view of the evidence in the social services inspectorate report "Developing Services for Disabled People" that money allocated through rate support grant for the implementation of sections 5 and 6 of the Disabled Persons (Services, Consultation and Representation) Act 1986 gets lost elsewhere, he will reconsider his decision not to ring-fence funds transferred from the social scurity budget for community care in 1991; and if he will make a statement.

Mr. Freeman

No. We believe that Government support for community care expenditure, as with other important local authority functions, is best provided through the revenue support grant. This will ensure maximum local accountability and encourage value for money by enabling local authorities to make decisions about community care based on local factors. A large specific grant under direct control of central Government would weaken the improved accountability of local authorities to those who will be providing funds through the community charge scheme.

Mr. Alfred Morris

To ask the Secretary of State for Health in view of the evidence in the social services inspectorate report "Developing Services for Disabled People" that his Department's circulars on the Disabled Persons (Services, Consultation and Representation) Act 1986 have been widely ignored or misunderstood, what action he will take to ensure that there is greater compliance with the guidance he will issue on the National Health Service and Community Care Act 1990; and if he will make a statement.

Mr. Freeman

While the report indicated that with some sections of the Act, some authorities had still to translate intention into action, and some were confused about how section 10 of the Act should be interpreted, it did not produce evidence that departmental guidance on the Act had been widely ignored or misunderstood. The guidance we intend to issue to help local authorities implement our proposals for community care will be drawn up in close consultation with them and will be linked to the statutory requirements outlined in the National Health Service and Community Care Bill. The social services inspectorate will closely monitor compliance with the guidance.

Mr. Alfred Morris

To ask the Secretary of State for Health in view of the evidence in the social services inspectorate report "Developing Services for Disabled People" concerning the implementation of section 8 of the Disabled Persons (Services, Consultation and Representation) Act 1986, what action he intends to take to ensure that his policies in the White Paper "Caring for People" in relation to support for informal carers are put into practice; and if he will make a statement.

Mr. Freeman

We will be requiring local authorities to publish community care plans, setting out information to be provided to service users and their carers about the social care services available to them. We intend local authorities to involve other interested agencies including carers in drawing up their plans. The social services inspectorate will play an active part in inspecting these plans, monitoring performance and offering advice and guidance to authorities and to my right hon. and learned Friend the Secretary of State for Health. Where necessary we will not hesitate to intervene in order to stimulate improvements.

Mr. Alfred Morris

To ask the Secretary of State for Health if, in view of the evidence in the social services inspectorate report "Developing Services for Disabled People" concerning the implementations of section 9 of the Disabled Persons (Services, Consultation and Representation) Act 1986 he will now produce, in conjunction with the local authority associations and voluntary organisations, model guidelines on the provision of information to people with disabilities; and if he will make a statement.

Mr. Freeman

The report showed that local authorities are aware of the need to improve their information services and many are planning to produce booklets and leaflets. We will be monitoring further progress in this area. In view of the differences in local circumstances, we do not think model guidelines would be helpful.

Mr. Alfred Morris

To ask the Secretary of State for Health if, in view of the evidence in the social services inspectorate report "Developing Services for Disabled People" concerning the implementations of section 10 of the Disabled Persons (Services, Consultation and Representation) Act 1986 he will now seek information from local authorities in England about persons co-opted on to social services committees under that section and the procedures for selecting them; and if he will make a statement.

Mr. Freeman

We have no plans to extend detailed inquiries about the operation of section 10 to all local authorities. A copy of the report has been sent to all directors of social services. The implications of the findings in respect of this and other sections will be discussed at a seminar on 6 March arranged by the social services inspectorate to explore ways of developing services to disabled people in the light of the report. The seminar will be attended by managers of social services departments, representatives from voluntary organisations concerned with disability, and disabled people and their carers.

Mr. Alfred Morris

To ask the Secretary of State for Health what action he intends to take on the recommendation in the social services inspectorate report "Developing Services for Disabled People" that the problems with London in respect of implementing the Disabled Persons (Services, Consultation and Representation) Act 1986 warrant further investigation; and if he will make a statement.

Mr. Freeman

The seminar to which I referred in my replies to the right hon. Member today is expected to take particular note of the problems highlighted by the report concerning implementation of the Act in London, and to consider the steps which might be taken to tackle them.

Mr. Alfred Morris

To ask the Secretary of State for Health what action he will take in relation to local authorities which fail to fulfil their duties under sections 5 and 6 of the Disabled Persons (Services, Consultation and Representation) Act 1986 in respect of disabled young people leaving full-time education at the end of next summer term; and if he will make a statement.

Mr. Freeman

While the report highlighted the difficulties some authorities may face in setting up arrangements for disabled school leavers next summer it would not be right to assume from this that there will be failure to comply with these sections. A follow-up report on the operation of these sections last summer is in preparation and will be published shortly. There will be further discussions of these issues at the seminar on 6 March which can be expected to give a clearer indication of the position across a wide range of local authorities.