Forge Care Homes Ltd & Ors, R (on the application of) v Cardiff & Vale University Health Board & Ors

Forge Care Homes Ltd & Ors, R (on the application of) v Cardiff & Vale University Health Board & Ors

The Local Health Boards erred in law by adopting a task-based approach that excluded certain categories of registered nurse time (notably stand-by time) from the definition of 'nursing care by a registered nurse' under section 49 of the Health and Social Care Act 2001, contrary to the statutory scheme, which...

Source-derived case information.

Parties
Claimant: Forge Care Homes Limited; Claimant: Barchester Healthcare Limited; Claimant: Barchester Healthcare Homes Limited; Claimant: Clearwater Care (Leadon Court) Limited; Claimant: FC Mill Heath Limited; Claimant: FC Panteg Limited; Claimant: FC Summerhill NH Limited; Claimant: Osborne Care Homes Limited; Claimant: Rickeston Care Home Limited; Claimant: Torestin Care Home Limited; Claimant: Woodhill Care Limited; Defendant: Cardiff & Vale University Health Board; Defendant: Abertawe Bro Morgannwg University Health Board; Defendant: Aneurin Bevan University Health Board; Defendant: Betsi Cadwaladr University Health Board; Defendant: Cwm Taf University Health Board; Defendant: Hywel Dda University Health Board; Defendant: Powys Teaching Health Board; Interested Party: County Council of the City and County of Cardiff; Interested Party: Blaenau Gwent County Council; Interested Party: Bridgend County Borough Council; Interested Party: Caerphilly County Borough Council; Interested Party: Carmarthenshire County Council; Interested Party: Ceredigion County Council; Interested Party: Conwy County Borough Council; Interested Party: Denbighshire County Council; Interested Party: Flintshire County Council; Interested Party: Gwynedd Council; Interested Party: Isle of Anglesey County Council; Interested Party: Merthyr Tydfil County Borough Council; Interested Party: Monmouthshire County Council; Interested Party: Neath Port Talbot County Borough Council; Interested Party: Newport City Council; Interested Party: Pembrokeshire County Council; Interested Party: Powys County Council; Interested Party: Rhondda Cynon Taff County Borough Council; Interested Party: City and County of Swansea; Interested Party: Torfaen County Borough Council; Interested Party: Vale of Glamorgan Council; Interested Party: Wrexham County Borough Council; Interested Party: The Welsh Ministers
Jurisdiction
England and Wales
Judgment Date
11 March 2015
Procedural Posture
Judicial Review / Judgment
Outcome
Claim allowed; challenged decisions quashed.
Legal Topics
Statutory Interpretation, Public Funding of Nursing Care, Division of Responsibilities Between NHS and Local Authorities, Consultation Obligations, Legitimate Expectation, Judicial Review Grounds
Administrative Law Health Law Social Welfare Law Statutory Interpretation Public Funding of Nursing Care Division of Responsibilities Between NHS and Local Authorities Consultation Obligations Legitimate Expectation +1 more

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Parties

Forge Care Homes Limited

Claimant

Barchester Healthcare Limited

Claimant

Barchester Healthcare Homes Limited

Claimant

Clearwater Care (Leadon Court) Limited

Claimant

FC Mill Heath Limited

Claimant

FC Panteg Limited

Claimant

FC Summerhill NH Limited

Claimant

Osborne Care Homes Limited

Claimant

Rickeston Care Home Limited

Claimant

Torestin Care Home Limited

Claimant

Woodhill Care Limited

Claimant

Cardiff & Vale University Health Board

Defendant

Abertawe Bro Morgannwg University Health Board

Defendant

Aneurin Bevan University Health Board

Defendant

Betsi Cadwaladr University Health Board

Defendant

Cwm Taf University Health Board

Defendant

Hywel Dda University Health Board

Defendant

Powys Teaching Health Board

Defendant

County Council of the City and County of Cardiff

Interested Party

Blaenau Gwent County Council

Interested Party

Bridgend County Borough Council

Interested Party

Caerphilly County Borough Council

Interested Party

Carmarthenshire County Council

Interested Party

Ceredigion County Council

Interested Party

Conwy County Borough Council

Interested Party

Denbighshire County Council

Interested Party

Flintshire County Council

Interested Party

Gwynedd Council

Interested Party

Isle of Anglesey County Council

Interested Party

Merthyr Tydfil County Borough Council

Interested Party

Monmouthshire County Council

Interested Party

Neath Port Talbot County Borough Council

Interested Party

Newport City Council

Interested Party

Pembrokeshire County Council

Interested Party

Powys County Council

Interested Party

Rhondda Cynon Taff County Borough Council

Interested Party

City and County of Swansea

Interested Party

Torfaen County Borough Council

Interested Party

Vale of Glamorgan Council

Interested Party

Wrexham County Borough Council

Interested Party

The Welsh Ministers

Interested Party

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the Local Health Boards (LHBs) misinterpreted the statutory definition of 'nursing care by a registered nurse' under section 49 of the Health and Social Care Act 2001 in setting the Funded Nursing Care (FNC) rate;
  2. 2 Whether the LHBs failed to engage in required discussions with local authorities and care home providers to resolve any funding gap;
  3. 3 Whether the LHBs erred in failing to consult on and in the mechanism for annual review of the FNC rate.

Ratio Decidendi

The Local Health Boards erred in law by adopting a task-based approach that excluded certain categories of registered nurse time (notably stand-by time) from the definition of 'nursing care by a registered nurse' under section 49 of the Health and Social Care Act 2001, contrary to the statutory scheme, which requires the LHBs to fund the full costs of having a registered nurse present and working at all times as required by regulation 18(3) of the Care Homes (Wales) Regulations 2002. This fundamental misdirection rendered the FNC rate decisions unlawful and required their quashing.

Court Disposition

Claim allowed; challenged decisions quashed.

Orders

  • Each of the 2014 Local Health Board Decisions is unlawful and is quashed.