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Caring matters

07 May 2009 / Ed Mitchell
Issue: 7368 / Categories: Features , Public , Community care
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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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MOVERS & SHAKERS

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
Artificial intelligence may be revolutionising the law, but its misuse could wreck cases and careers, warns Clare Arthurs of Penningtons Manches Cooper in this week's NLJ
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