Social Services Tribunals

HC Deb 08 January 2002 vol 377 cc638-9W

Mr. Burstow

To ask the Secretary of State for Health if he has taken advice on the composition and independence of social services tribunals in the light of Beesson v. Dorset county council QB, 30 November; and what plans he has to issue a circular to local authorities on the matter. [22915]

Jacqui Smith

As part of the judgment in this case, the court decided that the system used by the council in determining the question of deprivation under regulation 25 of the National Assistance (Assessment of Resources) Regulations 1992 did not comply with article 6(1) of the European Convention on Human Rights. The court held that the system failed because the panel established under the social services complaints procedure did not amount to an independent review of the facts, and because there was no such review, judicial review was not an adequate means of appeal. But the judge made it clear that the statutory scheme was not incompatible with human rights.

The judge granted leave to appeal on the article 6(1) point. The Department is currently considering making an appeal. We will consider whether revised guidance to local authorities is required.