HC Deb 07 February 1991 vol 185 c244W
Mr. Hinchliffe

To ask the Secretary of State for Health, pursuant to his answer to the hon. Member for Wakefield of 24 January,Official Report, column 295, whether a local authority's ongoing responsibilities to people after they have been placed in local authority care home trusts differs from its ongoing responsibilities towards people placed in local authority hostels.

Mrs. Virginia Bottomley

[holding answer 1 February 1991]: In making arrangements for providing residential accommodation under part III of the National Assistance Act 1948 local authorities are under a statutory duty to have regard to the welfare of all persons for whom accommodation is provided, whether that accommodation is in the local authorities' own homes or provided under arrangements with the voluntary or private sector. People placed outside a local authority's own accommodation will be protected by contracts between the local authority and the establishment with whom the arrangements are made.

Local authorities have statutory duties of inspection in relation to residential care homes registered under part 1 of the Registered Homes Act 1984, including those registered on transfer by the local authority to an independent agency, and will be required to establish arm's-length inspection units in respect of their own accommodation from 1 April this year.

Local authorities also have a duty of care towards people placed in local authority hostels under schedule 8 to the National Health Service Act 1977.

In addition, local authorities are required to establish complaints procedures by April this year which will further safeguard those in residential care.