HC Deb 18 January 2000 vol 342 cc421-2W
Mr. O'Hara

To ask the Secretary of State for Health (1) if paragraph 30 of the Local Government Ombudsman's report 98/B/0341 setting out the Department's view in March 1997 on section 117 of the Mental Health Act 1983 still represents the Department's view; [104988]

(2) if he will list the local authorities that charge for residential services under section 117 of the Mental Health Act 1983; [104986]

(3) from what date he determined that local authorities should not charge for residential services under section 117 of the Mental Health Act 1983. [104987]

Mr. Hutton

There are no provisions in the Mental Health Act 1983 to charge for after-care services provided under section 117. The Act does not specify which services should be provided for a patient who qualifies for after-care under section 117. In the absence of case law on this subject before the High Court's ruling on 28 July 1999, there has been variation in practice between local authorities on the issue of whether residential care provided for patients who qualify for after-care under section 117 was considered to be provided under section 117 or under other statutes.

The Department has not issued formal guidance on this issue but advice in response to questions on this point has consistently been that, where residential care is provided as part of a package of services under section 117, then it should not be charged for. This is in line with paragraph 30 of the Local Ombudsman's report 98/B/0341 in so far as it deals with not charging for section 117 after-care services. The Department does not have information about which local authorities currently charge for such services.

Mr. O'Hara

To ask the Secretary of State for Health if he will estimate what savings there would be to public funds if those entitled to free residential care under section 117 of the Mental Health Act 1983(a) were disallowed from receiving income support residential allowance and (b) had their benefit income reduced by other means. [104985]

Mr. Bayley

I have been asked to reply.

The information requested is not available. The Department does not collect information on the specific legislation under which placements in residential care or nursing home are made.