The Trust and Local authority disputed responsibility for the care of a woman whose mental and psychological conditions required constant and expensive care.
Held: Responsibility for the decision fell on the Primary Care Trust as agent for the Secretary of State for Health, and the decision could not be made by the social services department alone. Cases such as this should not be resolved by expensive litigation. There was no gap between health care and social service care, only a line.
Judges:
May LJ, Scott Baker Lj, Sir Peter Gibson
Citations:
[2008] EWCA Civ 931, Times 06-Oct-2008, [2009] PTSR 105
Links:
Statutes:
National Health Service Act 2006 1 2 3
Jurisdiction:
England and Wales
Cited by:
Cited – Forge Care Homes Ltd and Others, Regina (on The Application of) v Cardiff and Vale University Health Board and Others SC 2-Aug-2017
The court was asked who is legally responsible for paying for the work done by registered nurses in social rather than health care settings. Is the National Health Service responsible for all the work they do or are the social care funders . .
Lists of cited by and citing cases may be incomplete.
Health, Local Government
Updated: 02 September 2022; Ref: scu.272250
