Archived decisions

REPORT OF THE

EXECUTIVE MEMBER

SOCIAL CARE

PART II

CONTINUING CARE

1 The Executive Member has agreed the new criteria for continuing care.

2 In June 2001 the NHS and Local Authorities Guidance on continuing care was published. The purpose of the document is to:-

· Consolidate guidance on continuing NHS health care in the light of the judgement of the Court of Appeal in R v Northeast Devon Health Authority ex parte Coughlan (1999).


· Ensure that NHS and local councils agree together how they will meet continuing health and social care needs bearing in mind that local councils' responsibility for providing care by a registered nurse in a nursing home will be removed by
section 49 of the Health and Social Care Act 2001.


· Update and review the complaints procedures for continuing care.


· Reflect the establishment of Primary Care Trusts; the duty of co-operation under section 26 of the Health Act 1999; the section 31 Health Act 1999 flexibilities to promote joint working between NHS and local government, and the availability of Care Trusts provided by the Health and Social Care Act 2001.


· Whilst an initial implementation date of 1 April 2002 was expected, it had now been put back to 1 October 2002. PCTs must abide by this new criteria from that date and with Local Authorities need to consider action required to re-assess existing service users.


3 Following the publication of the document the following actions have been taken:-


· Health Authorities have been asked to ensure that their continuing care policies comply with the above guidance. In anticipation of the formation of the new Strategic Health Authority the three predecessor Health Authorities agreed that a single document should be written to be adopted across the new Health Authority boundary.


· A steering group has been set up with representatives across the three former Health Authorities, the four Local Authorities, the PCTs and Winchester and Central Hampshire Community Health Council. This group was supported by a project manager funded and managed by health.


· Key stakeholders, including health and social care commissioners, clinicians and care managers were identified to develop the principles and values underpinning the new criteria. A series of workshops across the county addressed these issues in March 2002.

This work led to the development of the draft criteria which were produced in April and formed the basis for consultation with wider stakeholders. The document has been reviewed by the legal services section of the Chief Executive's Department, as well as Bevan Ashford solicitors (who represented Miss Coughlan) on behalf of the Strategic Health Authority.


· Work is taking place on developing standardised assessment tools for use with each care group to ensure equity of access across the Health Authority area. The development groups have "expert" workers across health and social care and are involving carers and users in their formation.


· A single appeals procedure has been developed as well as a guide for patients and carers. The preferred option to deal with appeals is via PCTs and to seek local resolutions. The Health Authority will deal with and process complaints rather than service delivery issues.

4 Following agreement by the Local Authorities a formal policy will now be produced
and published for distribution.

5 A programme of joint training for health and social care staff within Hampshire is
being devised which will also be offered to Local Authorities and Primary Care Trusts
outside Hampshire. Funding for this training will be sought from the Workforce
Confederation training budget.

6 Future training or eligibility criteria for staff has been amended to include the new
criteria and a revised two-day training programme to incorporate Fair Access to Care
Services will be in place from April 2003.

4IR370103