On 7 April, a new era of consistency will begin in local authorities in England. The postcode lottery, where one person will receive a full package of community care support while someone in the next street with the same needs will be offered nothing, will come to an end. At least, that's the theory, writes Ruth Winchester.

The introduction of Fair Access to Care Services (Facs) this month has been a long time coming. It was first mooted in the 1998 white paper Modernising Social Services, in response to widespread confusion over who should be providing what, to whom, and to what standard.

Facs introduces for the first time a non-negotiable eligibility framework of "bands of need". A person's needs will be categorised as "critical, substantial, moderate or low" based on the risk to their independence should services not be provided.

The idea is that, whereas in the past some groups of people have found it more difficult than others to access services, every adult should in future be treated in a consistent way by their local authority. So living with a partner, or having a "developing need" rather than an acute need, should no longer prevent someone from receiving services.

But, although the wording which defines these bands is nationally set and cannot be altered to suit local priorities, local authorities will retain the autonomy to set the eligibility criteria wherever they like, according to the resources available.

In practice, then, it is still unlikely that two adults with the same needs will receive the same level of service in neighbouring councils, even if two people with the same needs within an authority should now receive a consistent level of service.

Local authorities in England and Wales have been told in no uncertain terms that the criteria, and the start date for using them, are not a moveable feast. The guidance states: "Given that a consultation draft of the guidance was issued in the summer of 2001, the final guidance issued in May 2002 and this practice guidance first issued in August 2002, councils have had plenty of time to deliver." Any case already open when Facs comes in will have to be reviewed between now and April 2004 using the new criteria.

There have been many wrangles about the introduction of Facs and some questions remain. While most people support the concept of consistency and standardisation, no new money has been identified to go with the new guidance.

While some people might receive services they could not obtain before, others will no longer be entitled. Some older people's charities have suggested that the re-targeting of services will see older people miss out more than other groups.

Liz Railton, deputy chief executive of Essex Council, says councils have been gearing up to the change for some time, and says that the principle of ensuring a consistent approach to eligibility is welcome. But she adds: "It is still going to be a decision which is made locally about where the thresholds should be.

"A council could decide to set their criteria so that they provide services to almost everyone, but they'd have to set their level of council tax accordingly. To be honest, I think most councils are really feeling the pinch - there simply aren't going to be a lot more services provided to a lot more people as a result of this."

This seems to make the Facs guidance's emphasis on improving access to preventive and low-level services meaningless. "Most councils will tell you there isn't money to put into any sort of preventive, low level services, and they will tell you that it really worries them," Railton says.

"Unfortunately, the reality is that these days, only those people with very high needs are receiving any services - and I can't see the Facs guidance changing that." CC