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Health Care

Some of the primary legislation

Care Act 2014
Health and Social Care Act 2012
Personal Care at Home Act 2010
Health Act 2009
Health and Social Care Act 2008
Mental Health Act 2007
National Health Service Act 2006
Mental Capacity Act 2005
Health and Social Care (Community Health and Standards) Act 2003
Community Care (Delayed Discharges etc.) Act 2003
Adoption and Children Act 2002
Health and Social Care Act 2001

Carers and Disabled Children Act 2000
National Health Service & Community Care Act 1990
Mental Health Act 1983
National Health Service Act 1977

Some of our recent notable cases

R (on the application of AC) v Berkshire West Primary Care Trust (2011)
Represented AC in an appeal to an unsuccessful judicial review challenge to the PCT’s Gender Dysphoria Policy and their decision that AC’s circumstances were not exceptional and therefore to refuse treatment.
[2011] EWCA Civ 247 11/3/2011. Reported at [2011] Med LR 226
Stephanie Harrison

R (Booker) v NHS Oldham/Direct Line PLC (2010)
It was unlawful and irrational for a PCT to decide to withhold medical treatment on the ground that the patient was entitled to damages from the insurance company of the tortfeasor who caused her injuries to pay for such treatment.
[2010] EWHC 2593 (Admin) 28/10/2011. Reported at (2011) 14 CCLR 315
Stephen Knafler QC

R (on the app of YA) v West Middlesex University Hospital NHS Trust (2009)
Guidance to charge failed asylum seekers for NHS treatment declared unlawful.
[2009] EWCA Civ 225 30/3/2009. Reported at Times, April 2, 2009 and (2009) 12 CCLR 213
Stephen Knafler

R (St Helens BC) v Manchester PCT (2008)
High Court ruling that the PCT was not responsible for paying for the care of a woman with very high needs was not one for the courts to challenge but was a decision that should be challenged instead by orthodox judicial review.
[2008] EWCA Civ 931 6/8/2008. Reported at Times, Oct 6 2008 and (2008) 11 CCLR 774.
Stephen Knafler

R (on the app of Otley) v Barking and Dagenham (2007)
PCT had acted unlawfully by refusing to fund Avastin treatment for advanced colo-rectal cancer, albeit that Avastin was neither licensed for such use or recommended by NICE.
[2007] EWHC 1927 (Admin) 18/7/2007. Reported at (2007) 10 CCLR 628
Stephen Knafler

Useful links

King’s Fund – A charity seeking to understand how the health system in England can be improved
Department of Health Guide to Adult Social Care
Social Care in the UK
Garden Court Social Welfare Law Resources
Social Care Resources Online (SCIE)
Care Quality Commission
Care and Health Law in the UK
Voice – support organization for young people in public care
Family Rights Group
Community Care Grant information

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