This guidance provides councils with a framework for setting their eligibility criteria for adult social care, and should be implemented by April 2003. Implementation will lead to fairer and more consistent eligibility decisions across the country.
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For all enquiries, please contact The Social Care Policy and Innovation and Independent Living Team at the following address:
The framework is based on individuals' needs and associated risks to independence, and includes four eligibility bands - critical, substantial, moderate and low. When placing individuals in these bands, the guidance stresses that councils should not only identify immediate needs but also needs that would worsen for the lack of timely help.
At the heart of the guidance is the principle that councils should operate just one eligibility decision for all adults seeking social care support; that is, should people be helped or not? Councils should not operate eligibility criteria for the type and depth of assessments that they carry out; likewise, they should not operate eligibility criteria for specific services. The guidance explains how assessments and subsequent care planning should be carried out, in proportion to needs and in good time.
The guidance emphasises that reviews of individual service users' circumstances should be carried out by appropriate council professionals on a regular and routine basis. These reviews should incorporate re-assessments of individuals' need, and will help councils to reach decisions on continuing eligibility. Councils are advised of the action they should take when significantly reducing and withdrawing services following a review, and of the particular sensitivity they should exercise in situations where reviews have not been carried out for some time prior to the implementation of the guidance.
The guidance confirms that when setting their eligibility criteria, councils should take account of the resources locally allocated to adult social care. Because of the different resource positions of councils, the guidance does not require councils to reach similar decisions on eligibility, or to provide similar services, to people in similar needs. The guidance is fully consistent with the financial settlements for Personal Social Services resulting from the Government's Spending Reviews in 2000 and 2002.
The guidance also provides a starting point for eligibility criteria for packages of continuing health and social care, and joint eligibility for services provided under section 31 of the Health Act 1999.
The following Fair Access policy guidance documents can be accessed electronically below:
"question and answer"format. It will be updated from time to time in the light of issues and queries raised by councils and other stakeholders. Original practice guidance was published on 2 August 2002. It was updated on 6 March 2003 to assist councils with their final preparations for implementation by 7 April 2003.
The guidance is issued under cover of a Local Authority Circular (LAC (2002)13)
Contact details for obtaining hard-copy DH publications.

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