Letter: Clunis case reveals the community unprepared for care

Mr Richard Gordon
Saturday 26 February 1994 00:02 GMT
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Sir: The Clunis Inquiry Report reflects the impossibility of effective community care provision without adequate funding.

Virginia Bottomley's response that she will allocate an extra pounds 10m for community-based mental health services in London from 1995 is, of course, welcome. It is, none the less, important that this government should understand that, if there are insufficient resources to meet the needs of mentally disordered patients who are discharged into the community, resources are required to be made available as a matter of legal obligation.

Unlike most community care services, which derive from powers of social services departments, there is a duty on local authorities to provide after-care services under s117 of the Mental Health Act 1983. Nothing in the National Health Service and Community Care Act 1990 (which creates the community care regime) dilutes that duty.

It is trite law that budgeting difficulties cannot be used as an excuse for failing to comply with a statutory duty. Indeed, Mrs Bottomley need look no further than paragraph 13 of Circular CI (92) 34 (her own guidance to community care authorities) for confirmation.

Yours faithfully,

RICHARD GORDON

London, WC2

25 February

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