R (on the application of Forge Care Homes Ltd and others v Cardiff and Vale University Health Board and others [2015] EWHC 601 (Admin), [2015] All ER (D) 114 (Mar)
The claimant care home owners and operators sought judicial review of the defendant local health boards’ (LHBs) decisions setting the funded nursing care rate. The administrative court, in allowing the application, held that, in restricting the services which s 49 of the Health and Social Care Act 2001 prohibited local authorities from providing to those individual tasks which, by virtue of their expertise and experience, only a registered nurse could perform, the defendants’ approach had been fundamentally flawed.
