The claimant care home sought judicial review of decisions setting the rates for funded nursing care. The care homes’ challenge was on the basis that too restrictive an interpretation of ‘nursing care by a registered nurse’ had been adopted.
Held: The review was granted. The services prohibited by section 49 for local authorities to provide had instead to be provided by the local health board and the defendant in adopting the restrictive approach that they did to ‘nursing care by a registered nurse’, the health boards’ decisions were fundamentally flawed and were unlawful.
Judges:
Hickinbottom J
Citations:
[2015] EWHC 601 (Admin), [2015] WLR(D) 134, [2015] PTSR 945
Links:
Statutes:
Care Homes (Wales) Regulations 2002 18(3), Health and Social Care Act 2001 49
Jurisdiction:
Wales
Cited by:
Appeal from – Forge Care Homes Ltd and Others v Cardiff and Vale University Health Board and Others CA 2-Feb-2016
The Health Trusts appealed against the quashing at first instance of the rates they were to pay for nursing care to certain residents in care homes. The Health Boards conceded, as they had done below, that they had been wrong to exclude the nurses’ . .
At Admn – 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.
Local Government
Updated: 04 September 2022; Ref: scu.544231
