§ Lord Rixasked Her Majesty's Government:
What action is being taken about the revision of continuing care policies in respect of people with learning disabilities following the Appeal Court decision in the case of North East Devon Health Authority ex parte Coughlan. [HL705]
§ The Parliamentary Under-Secretary of State, Department of Health (Lord Hunt of Kings Heath)We have issued interim guidance that health and local authorities, in consultation with each other, should satisfy themselves that their continuing and community care policies and eligibility criteria and other relevant procedures are in line with the Court of Appeal judgment on theCoughlan case and existing guidance, and take further legal advice where necessary. Where authorities revise eligibility criteria following any review, they should consider what action they need to take to reassess service users 4WA against the revised criteria [HSC 1999/180: LAC(99) 30]. The guidance applies to all client groups, including people with learning disabilities.