NHS Continuing Care (NHS CHC) for children and young people – Welsh Government Consultation

The Welsh Government has published a consultation paper on proposed revisions to the NHS CHC guidance for children and young people – which can be accessed by clicking here.[1]

This proposal comes three years after the Social Services and Well-being (Wales) Act 2014 came into force with explicit limitations on the extent to which social services could provide for the needs of disabled children – and aligned NHS CHC law for adults and young people. Over a year ago a paper in The Rhydian: on-line Journal of Social Welfare Law drew attention to the profound deficiencies in the Welsh Government’s 2012 NHS CHC for children and young people.[2] It pointed out that many Welsh local authorities were inappropriately funding substantial packages for profoundly disabled and ill young people: packages that should be funded by the NHS in Wales. The paper called on the Welsh Government to provide urgent updated and ‘clear’ guidance on this important question.

It is highly debatable whether the proposed revisions to the 2012 guidance address the criticisms made in The Rhydian: on-line Journal paper. It is highly debatable whether the Welsh Government is prepared to require LHBs to accept their legal responsibilities for children and young people whose health care needs are above the legal limits of what social care authorities are permitted fund.

Photograph of Teifi Pools Strata Florida.
[1] Welsh Government Children and young people’s continuing care (2019) at https://gov.wales/children-and-young-peoples-continuing-care – consultation closes on the 9 August 2019.
[2] L Clements NHS Continuing Care (CHC) responsibilities for Children and Young People in Wales Rhydian: Wales Social Welfare Law on-line (2018) 12-18.