R (on the application of Whapples) v Birmingham Crosscity Clinical Commissioning Group [2015] EWCA Civ 435, [2015] All ER (D) 245 (Apr)
The claimant appealed against the judge’s decision, refusing her application for judicial review of the defendant clinical commissioning group’s refusal to pay for a private flat in which she would receive NHS continuing healthcare. The Court of Appeal, Civil Division, in dismissing the appeal, held that the National Framework for NHS Continuing Healthcare and NHS-Funded Nursing Care 2012 did not, in circumstances where a patient was receiving NHS continuing healthcare in his own home, generally contemplate that the NHS would be responsible for defraying the costs of that accommodation. Accordingly, the judge had correctly concluded that the framework had not dictated the outcome sought by the claimant.
