It is our view that there is nothing in the s7 Mental Health Act guardianship framework which provides for a free-standing duty of provision outside all the other service powers and duties; indeed, there are directions under LAC 93/10 making the provision of guardianship a service in itself, and all the other services which are chargeable may be provided under that over-arching regime. That might be residential care; in which case there must be a charge; or the service might be one for which there may be a charge, under s17 HASSASSA 1983. The mere fact that the services are ‘forced’ on a person is not relevant to the legality of the charge, because the charge is not a contractual arrangement; it is a statutory discretion. It could be seen as damaging to the prospects of authorities ever taking out guardianship if they could not charge for the services – and there are problems enough with the regime as it is.
