1) Legal and Policy Background

 

What is Fair Access to Care?

Fair Access to Care Services (FACS) is a national framework for setting eligibility criteria for adult social care. FACS is issued under Section 7(1) of the Local Authority Social Services Act. This is the way in which the government can require that the Local Authority introduces the guidance without needing new legislation. This is called a mandatory instruction.

Why was it introduced?

The policy says that Councils should NOT have eligibility criteria for individual services. This is to create consistency in service provision around the county. Eligibility is decided after an assessment of the level of risk that is present or imminent.

Who is responsible for deciding at which level of risk services are needed?

For the first time, Elected Members have to set the risk threshold for all services. This is reviewed each year.

So where has Devon set its threshold?

Currently, the threshold lies between Moderate and Substantial. This means that people whose needs fall into the moderate and low categories will not be eligible for funded social care assistance, but can receive advice and information.

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