§ Mr. BestTo ask the Secretary of State for Health, following the Devon High Court judgment, what plans he has to amend the eligibility criteria used by health authorities to make decisions on joint funding of respite care to include those in need of nursing home care. [72767]
§ Mr. HuttonFollowing the judgment in R v. North and East Devon Health Authority ex parte Coughlan, the health authority submitted an application for leave to appeal against the High Court's decision. In light of the impact on policy of the High Court's view on funding of nursing care, we decided to support the health authority's application for leave to appeal, given the importance of clarifying the judgment and making the legal position clear. This application for leave to appeal was granted on 4 February. We will consider the need for guidance to Health and Local Authorities once the result of the appeal is known. In the interim, health authorities and social services departments are advised to seek their own legal advice if they have any concerns. The overall implications of the case are still being assessed.