Date of decision: 12 February 2025 Summary This report concerns York Council’s prolonged failure to review and update the care package of Mr A, a disabled adult living independently, with support from his parents. From 2015 to 2022, City of York Council did not properly review Mr A’s care needs leaving his parents managing a […]
https://www.bailii.org/uk/cases/UKSC/2023/31.html The Supreme Court has finally settled the knotty legal problem of which council is liable for funding aftercare, when a person to whom such a duty is already owed, by one pair of s117 public bodies, is being provided for, out of area, for whatever reason, but is compulsorily sectioned again, under s3 of
You can read up about who needs to be involved here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1087562/National-Framework-for-NHS-Continuing-Healthcare-and-NHS-funded-Nursing-Care-July-2022-revised.pdf starting with paras 141 about the Multidisciplinary team and then paras 185 and 186. in essence there is no right to have a social worker involved, given the definition of the required multi-disciplinary team does not stipulate that a social worker must be
We think it is NOT correct to treat an ordinary person’s wait for available community mental health or community based primary care services separately commissioned under wider NHS duties, by the ICB, as capable of satisfying the duty owed under the National Framework to those eligible for CHC (or s117 Mental Health Aftercare services, for
Keywords: Nursing Care, Funding, Integration, Joint working, FNC The Supreme Court ruled that the NHS is responsible for funding all aspects of the work done by registered nurses in social care settings. The case concerned an ongoing dispute in Wales between local authorities and the NHS about the basis on which the NHS pays for
We think so – although they will not necessarily have a formal Registered Nursing Contribution to Care determination. The guidance says circumstances will vary! Planned admissions for respite, or a trial will follow an assessment which identifies a nursing home as the correct setting. A decision about the contribution of the NHS to the care
One of the weirdest things about the FNC guidance is that the lowest level RNCC band of £35 a week is described as being for people who don’t really need to be in a nursing home at all! In the first year of FNC, when all privately self funding people will be drawn into the
This appeal, bought by the Local Authority, was in connection with an earlier judicial review of the decision by the Respondent PCT that a woman (P) did not qualify for 100% NHS Continuing Healthcare [‘CHC’]. P had been diagnosed with a Dissociative Identity Disorder requiring constant care. The local authority maintained that this level of
St Helens Borough Council v Manchester Primary Care Trust [2008] EWCA Civ 931 Read More »