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Councils must implement the new Fair Access to Care Services eligibility criteria whether they are ready to or not, according to revised guidance from the Department of Health which says they have "had plenty of time" to prepare, writes Ruth Winchester.

Amended practice guidance on the implementation of the FACS was published on 6 March in response to local authority queries.

It makes it clear that new eligibility criteria for community care services must be applied to all new cases from 7 April 2003 without exception, whether staff are trained and policy finalised or not.

Care plans for all cases which were open on 7^th April should be reassessed using the new criteria within 12 months.

The guidance also emphasises local authorities responsibilities for housing adult asylum seekers with care needs in the light of the Law Lords judgement in the case of Westminster City Council v the National Asylum Support Service (NASS).

It states: "Where destitute asylum seekers have assessed care needs… no matter whether these care needs fall within or outside councils eligibility criteria, councils should accommodate such asylum seekers under section 21 of the National Assistance Act. Services provided must be sufficient to address their needs."

For futher information contact the Department of Health on 0207 972 4117.