Booker, R (on the application of) v NHS Oldham & Anor [2010] EWHC 2593 (Admin) (28 October 2010)

Booker, R (on the application of) v NHS Oldham & Anor [2010] EWHC 2593 (Admin) (28 October 2010)

The PCT's decision to withdraw NHS continuing healthcare from the claimant before the commencement of private funding was unlawful and irrational. The PCT could not lawfully refuse care to an eligible person based on anticipated private funding or the claimant's means, as this contravened statutory duties, the NHS Constitution, and national policy. The claimant was entitled to receive the assessed level of care until private funding commenced.

Citation
[2010] EWHC 2593 (Admin)
Parties
Claimant: Alyson Booker; Defendant: NHS Oldham; Interested Party: Direct Line Insurance Plc
Jurisdiction
England and Wales
Judgment Date
28 October 2010
Procedural Posture
Judicial Review / Substantive Hearing After Permission Granted
Outcome
Claim allowed; decision to withdraw care quashed.
Legal Topics
NHS Continuing Healthcare, Judicial Review, Public Body Decision Making, Personal Injury Damages, Healthcare Funding, Statutory Duties of NHS, Rationality of Public Decisions
Administrative Law Health Law Personal Injury NHS Continuing Healthcare Judicial Review Public Body Decision Making Personal Injury Damages Healthcare Funding +2 more

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Parties

Alyson Booker

Claimant

NHS Oldham

Defendant

Direct Line Insurance Plc

Interested Party

Procedural Posture

Judicial Review / Substantive Hearing After Permission Granted

Legal Issues

  1. 1 Whether the PCT lawfully withdrew NHS continuing healthcare from the claimant prior to the commencement of private funding as per the personal injury settlement
  2. 2 Whether the PCT's decision was irrational or unlawful under the National Health Service Act 2006 and relevant policy frameworks
  3. 3 Whether the claimant was entitled to the assessed level of care until private funding commenced

Ratio Decidendi

The PCT's decision to withdraw NHS continuing healthcare from the claimant before the commencement of private funding was unlawful and irrational. The PCT could not lawfully refuse care to an eligible person based on anticipated private funding or the claimant's means, as this contravened statutory duties, the NHS Constitution, and national policy. The claimant was entitled to receive the assessed level of care until private funding commenced.

Court Disposition

Claim allowed; decision to withdraw care quashed.

Orders

  • Quashing order to set aside the PCT's decision to withdraw NHS continuing healthcare from the claimant prior to the commencement of private funding.
  • Mandatory order to provide services meeting the claimant's assessed needs until private funding commences.