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’ stand-by time (part of (d) in para 6 above) from their calculations.
Held: Subject to that concession, the appeal succeeded. The Judge’s construction gave insufficient weight to the excepting words at the end of section 49(2). These clearly distinguished between different services provided by a nurse at a care home. It did not follow from the fact that a nurse needed to be on call at all times that everything she did while on duty was a service which needed to be provided by a registered nurse. Whether what she did fell within the definition was a factual rather than a legal question.
Judges:
Laws, Elias, Lloyd Jones LJJ
Citations:
[2016] EWCA Civ 26, [2016] PTSR 908, [2016] WLR(D) 63, [2016] PTSR 1202
Links:
Statutes:
Health and Social Care Act 2001 49, Care Homes (Wales) Regulations 2002 18(3)
Jurisdiction:
Wales
Citing:
Appeal from – Forge Care Homes Ltd and Others, Regina (on The Application of) v Cardiff and Vale University Health Board and Others Admn 11-Mar-2014
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.
Cited by:
At CA – 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 Professions, Administrative
Updated: 04 September 2022; Ref: scu.559516