asked the Secretary of State for Social Services what is his policy in cases under the Chronically Sick and Disabled Persons Act where a local authority withdraws a service from a disabled person without any diminution in need; and if he will make a statement.
In the interests of disabled people, I have obtained legal advice on the effect of the Act on the duties of authorities in determining and meeting need.I am advised that local authorities have a clear statutory duty under the Act to meet identified and accepted needs in respect of all the services in Section 2.I am further and unequivocally advised that services given under this Section may not be withdrawn in the absence of a reduction of need. Thus any authority which sought, for example, to withdraw a telephone provided under the Act, solely on the grounds of financial expediency, would be breaking the law.I have instructed my officials to make inquiries in any case where there is reason to think that a local authority may be in breach of its statutory duty. If my hon. Friend has a particular case raised with him, I shall be glad to have it fully and urgently examined.