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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 FACS eligibility bands.

For the time being, however, there will

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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