§ Mr. BurstowTo ask the Secretary of State for Health what assessments he has made of the compliance of the Review Panels to be established in order to adjudicate on the liability under Coughlanv. North Devon Health Authority, C.A. 1999 of a patient's property to be charged to pay for nursing home fees under Department of Health circular HSC 2001/015:LAC(2001)18 of 28 June, 2001 with Article VI of the Human Rights Act in (a) composition and (b) independence. [22958]
§ Jacqui Smith[holding answer 18 December 2001]: Counsel's view was sought before Health Service Circular 2001/015: Local Authority Circular (2001)18 was released, including compliance with the Human Rights Act 2000. Article 6 requires that in the determination of a person's civil rights and obligations there should be a fair and independent decision making process. A decision about whether someone is entitled to particular national health service services or particular local authority services is not considered to be a determination of a civil right within the meaning of article 6.
The question of whether a patient's property can be set against charges for nursing home fees is not a function of review panels.
The issue of nursing home fees is discussed in HSC 2001/17:LAC(2001)26 "Guidance on free nursing care in nursing homes" issued on 25 September 2001.
268WNeither the free nursing care nor the continuing care guidance deals with issues of whether the value of a patient's property should be included in the means test when assessing an individual's contribution towards the cost of nursing home fees. The relevant guidance, regarding local councils contribution to the costs of accommodation and board, is in the charges for residential accommodation guidance, which is underpinned by National Assistance (Assessment of Resources) Regulations 1992, regulation 25. Some of these decisions have to comply with article 6 of the Human Rights Act, and in these cases the complaints panel should be independent of the council.