Keating & Ors, R (on the application of) v Cardiff Local Health Board [2005] EWCA Civ 847 (06 July 2005)

Keating & Ors, R (on the application of) v Cardiff Local Health Board [2005] EWCA Civ 847 (06 July 2005)

The Court held that 'facilities' in s 3(1)(e) of the National Health Service Act 1977 includes services and personnel, not just accommodation or plant, and therefore the Local Health Board has statutory authority to fund projects like Riverside if it considers it appropriate as part of the health service.

Source-derived case information.

Citation
[2005] EWCA Civ 847
Parties
Claimants/appellants: Paul Keating & Others; Defendant/respondent: Cardiff Local Health Board; Intervener: Department of Health
Jurisdiction
England and Wales
Judgment Date
06 July 2005
Procedural Posture
Judicial Review Appeal / Court of Appeal (civil Division) Appeal From Administrative Court
Outcome
Appeal allowed
Legal Topics
Statutory Powers of Health Boards, Interpretation of 'facilities' Under NHS Act 1977, Funding of Mental Health Support Services
Administrative Law Health Law Statutory Interpretation Statutory Powers of Health Boards Interpretation of 'facilities' Under NHS Act 1977 Funding of Mental Health Support Services

Source-derived case record

Summary, issues, holding and outcome

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Parties

Paul Keating & Others

Claimants/appellants

Cardiff Local Health Board

Defendant/respondent

Department of Health

Intervener

Procedural Posture

Judicial Review Appeal / Court of Appeal (civil Division) Appeal From Administrative Court

Legal Issues

  1. 1 Whether 'facilities' in s 3(1)(e) of the National Health Service Act 1977 includes services such as those provided by Riverside Advice project
  2. 2 Whether Cardiff Local Health Board has statutory authority to fund non-medical mental health support services

Ratio Decidendi

The Court held that 'facilities' in s 3(1)(e) of the National Health Service Act 1977 includes services and personnel, not just accommodation or plant, and therefore the Local Health Board has statutory authority to fund projects like Riverside if it considers it appropriate as part of the health service.

Court Disposition

Appeal allowed

Orders

  • Judge's order set aside
  • Matter remitted for further directions as to the precise form of order