Social welfare resources: Health care

Mental Capacity (Amendment) Bill starts its journey through Parliament: the replacement of DoLS

20 July 2018, by Bethan Harris

The Bill introduces a new administrative scheme for authorisation of deprivation of liberty arising from arrangements for care or treatment of persons lacking capacity to consent to those arrangements.

Out of hours order under High Court’s jurisdiction in relation to vulnerable adults for removal from home and detention in hospital – no claim under HRA 1998 in respect of judicial act

10 November 2017, by Bethan Harris

Aamir Mazhar v The Lord Chancellor [2017] EWHC 2536 (Fam), Sir Ernest Ryder, Senior President of Tribunals, 12 October 2017 

PKU funding battle: Family wins High Court challenge

9 August 2017, by Tim Baldwin

R (on the application of SB) v NHS England [2017] EWHC 2000 (Admin), 08 August 2017

The family of a seven-year-old boy whose condition could cause brain damage have won a Judicial Review challenge over an NHS decision not to fund provision of a drug called Kuvan.

NHS in England has announced it will fund prescribing PrEP to reduce the risk of being infected with HIV from September

9 August 2017, by Tim Baldwin

NHS England fought a court case against funding the prescription of PrEP, arguing responsibility for paying for it should fall to local authorities not the NHS. Following defeat in the Courts on 3 August 2017, NHS England announced it will fund the drug from September 2017.

Sir James Munby: The nation will have “blood on our hands” if an NHS bed cannot be found for a teenager with acute mental health issues

3 August 2017, by Tim Baldwin

Re X (A Child) (No 3) [2017] EWHC 2036 (Fam), 3 August 2017

NHS loses appeal of the decision that it has the power to commission medication for HIV/AIDS (the PrEP case)

11 November 2016, by Tim Baldwin

The issue on this appeal was whether NHS England, a commissioning body created by the Health and Social Care Act 2012 (“the 2012 Act”) has the power to commission medication for HIV/AIDS PrEP; this stands for pre-exposure prophylaxis.

Junior doctors lose their judicial review challenge to Jeremy Hunt’s new contract

29 September 2016, by Tim Baldwin

The claimant group, Justice for Health, brought the claim for judicial review arguing the new contract was “unsafe and unsustainable” and that Jeremy Hunt did not have the power to impose it. However, Mr Justice Green ruled the Health Secretary had acted “squarely” within his powers.

Is judicial review an adequate remedy for flawed assessments by regulators?

17 August 2016, by Tim Baldwin

R (on the application of SSP Health Ltd) v Care Quality Commission [2016] EWHC 2086 (Admin), 12 August 2016.

High Court rules NHS England can fund “game-changing” PrEP HIV drug

2 August 2016, by Tim Baldwin

National Aids Trust v National Health Service Commissioning Board (NHS England) and The Secretary of State for Health and The Local Government Association [2016] EWHC 2005 (Admin): Mr Justice Green, 2 August 2016. The National Aids Trust has won a high court battle over whether a preventative treatment for HIV that charities say is a “game-changer” can legally be funded by the NHS.

Five big issues for health and social care after the Brexit vote

29 July 2016, by Tim Baldwin

A report from the King’s Fund of health and social care after Brexit, released 30 June 2016.