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07 May 2009 / Ed Mitchell
Issue: 7368 / Categories: Features , Public , Community care
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Caring matters

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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NEWS
Lawyers have welcomed the Lord Chancellor’s reverse-ferret on jury reforms, but expressed ‘serious concerns’ about the decision to exclude fraud trials
From ‘rats in the robing room’ to ‘overworked’ judges and a shortage of court staff, barristers have aired their concerns about the state of the justice system
The use of agentic artificial intelligence (AI) poses ‘significant risks’ across the justice system, public services and government, and current regulation is ‘poorly suited’ to control it, experts have warned
The solicitors’ regulator has paused controversial plans to exclude owner-managers from compliance officer roles
The government has launched a £16m legal support grant to support 48 frontline legal advice organisations supporting people facing eviction, problem debt, benefit disputes and family breakdown
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