Wolverhampton Council, R (On the Application Of) v South Worcestershire Clinical Commissioning Group Shropshire (CCG)

Wolverhampton Council, R (On the Application Of) v South Worcestershire Clinical Commissioning Group Shropshire (CCG)

Shropshire CCG had no statutory power to fund VG's care at AALPS because, at the relevant time, no concluded arrangement had been made under paragraph 3 of Schedule 1 to the 2012 Regulations while VG was under their responsibility. Any such payment would have been ultra vires.

Parties
Claimant: Wolverhampton Council; First Defendant: South Worcestershire Clinical Commissioning Group; Second Defendant: Shropshire CCG
Jurisdiction
England and Wales
Judgment Date
26 March 2018
Procedural Posture
Judicial Review / Judgment on Preliminary Issue
Outcome
Second defendant not liable; claim against Shropshire CCG fails on preliminary issue of vires.
Legal Topics
NHS Continuing Healthcare, Statutory Powers of Ccgs, Ultra Vires, Inter Authority Funding Disputes
Administrative Law Health Law Public Law NHS Continuing Healthcare Statutory Powers of Ccgs Ultra Vires Inter Authority Funding Disputes

Case Brief

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Parties

Wolverhampton Council

Claimant

South Worcestershire Clinical Commissioning Group

First Defendant

Shropshire CCG

Second Defendant

Procedural Posture

Judicial Review / Judgment on Preliminary Issue

Legal Issues

  1. 1 Whether Shropshire CCG had statutory power to fund VG's care at AALPS under NHS Act 2006 and associated regulations
  2. 2 Interpretation of 'arrangement' under paragraph 3 of Schedule 1 to the NHS Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standard Rules) Regulations 2012

Ratio Decidendi

Shropshire CCG had no statutory power to fund VG's care at AALPS because, at the relevant time, no concluded arrangement had been made under paragraph 3 of Schedule 1 to the 2012 Regulations while VG was under their responsibility. Any such payment would have been ultra vires.

Court Disposition

Second defendant not liable; claim against Shropshire CCG fails on preliminary issue of vires.

Orders

  • Claim against Shropshire CCG stayed or dismissed; parties to reconsider positions.