HC Deb 25 June 1991 vol 193 c440W
Mr. Arbuthnot

To ask the Secretary of State for Health what are the local authorities' continuing responsibilities for residents of former local authority part III homes which are transferred to the private or voluntary sectors; and if he will make a statement.

Mr. Waldegrave

As my right hon. Friend the Secretary of State for Social Security has announced today, the Government, while wishing to encourage a mixed economy in the provision of care, are taking steps to clarify the status of residents in homes transferred to the private or voluntary sector by local authorities. Residents in a home at the time of transfer will continue to be the responsibility of the local authority, as long as they remain in the home.

After consulting local authority interests I intend to issue directions under section 21(1) of the National Assistance Act 1948 and under paragraph 2 of schedule 8 to the National Health Service Act 1977 to make it clear that the status of residents in a home which is transferred to private ownership by a local authority will remain unchanged by the transfer, in that the full cost of the accommodation and care will continue to be the responsibility of the local authority which placed them there subject to the relevant charging provisions. My right hon. Friends the Secretaries of State for Wales and for Scotland intend to issue similar directions.

It is our intention that the directions will take effect at the same time as the regulations announced today by my right hon. Friend the Secretary of State for Social Security.