Clause 52 - Disregarding of resources when determining need for residential accommodation
Health and Social Care Bill
9:00 pm
Mr John Hutton (Minister of State, Department of Health; Barrow and Furness, Labour)
As the hon. Gentleman will be aware, councils are under a legal duty under the National Health Service and Community Care Act 1990 to assess the care needs of anyone who, in their view, may be in need of community care services. The law currently provides that where a person needs residential accommodation and care and attention are not otherwise available the local authority shall provide it. A person's ability to provide for himself is a relevant factor in determining whether to provide residential accommodation. Moreover, everyone should be advised about the type of care that he or she requires and informed about what services are available.
I hope the hon. Gentleman will be reassured by the fact that councils may not refuse to undertake an assessment of care needs on the grounds that people have financial resources sufficient to meet the costs of their care or have care and attention otherwise available to them. The hon. Gentleman has raised an important point. The Department is seized of the issue. I do not know whether he was or still is a member of his local authority.
Mr. Burstow indicated assent.