Part two: Ed Mitchell provides an update on fair access, mental capacity & welfare reform
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In response to the Commission for Social Care Inspection's recent review of the operation of eligibility criteria in England, the Department of Health says it intends to “rework” the Fair Access to Care Services (FACS) guidance, with public consultation planned for spring 2009.
Service diversion
One key concern of the department is that the current system diverts resources away from preventative services. In R(Chavda) & Others v Harrow LBC [2007] EWHC 3064 (Admin), [2007] All ER (D) 337 (Dec), the High Court confirmed that, as a general rule, it is lawful for a local authority only to fund services to meet needs which are “critical” under the FACS guidance. Given the way in which the FACS guidance describes critical needs, this ruling has led many authorities to continue to starve preventative services of resources. This may be tackled by the new guidance, perhaps by placing a higher priority on preventative services within the
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