It is a kinda grey area though. I remember having a discussion one evening about providing a service outside controlled airspace. I think you would be hard pushed to find many approach people at London Terminal who would provide anyting more than a FIS (Spot's case did come up in the conversation).
Had an excellent RIS from Luton on a flight from Cambridge to Gloucester annd then again on the return earlier today -- thank you whoever it was. Most useful, it really does make a difference, and if "duty of care" creates a disincentive to providing it then it really is a contradiction in terms, isn't it?