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)
He is still a member of his authority. He may recall that in 1998 the Department issued circular 98/19 to all local authorities reminding them of their existing legal duty to make arrangements for residential accommodation for people who cannot make care arrangements themselves and who have no one to make them on their behalf. The law is quite clear on that and provides that where a person needs residential accommodation, and care and attention is not otherwise available, the local authority shall provide it. The ability of a person to provide for himself is a relevant factor to take into account in determining whether to provide residential accommodation.
The Department has also reiterated that councils may not refuse to undertake an assessment of care needs for anyone on the grounds of the person's own financial resources. That is the position under section 47 of the National Health Service and Community Care Act 1990, which imposes an obligation to assess needs for services that a local authority is empowered to provide, where people should be advised about the type of care they require and informed about what services are available. With the greatest respect, I sympathise with the point the hon. Gentleman is making but ask him to withdraw his amendment.