header-logo header-logo

06 October 2017 / Nicholas Dobson
Issue: 7764 / Categories: Features , Local government , Public
printer mail-detail

Who should pay for social care nursing?

When nursing care is provided in a social care context, who foots the bill? Nicholas Dobson looks at the Supreme Court case of Forge Care Homes

  • In the context of social care, nursing care by an NHS nurse covers care which in all the circumstances ought to be provided by a registered nurse because it is ‘ancillary to or closely connected with or part and parcel of the nursing care which she has to provide’.

We know that NHS services are generally free at the point of delivery. Social care, on the other hand, is local authority-funded and subject to client means-testing. But what if nursing care is provided in a predominantly social care context? Who pays and for what? It was this scenario that the Supreme Court had to tackle on 2 August 2017 in R (Forge Care Homes Ltd and others) v Cardiff and Vale University Health Board and others [2017] UKSC 56. Lady Hale gave the only substantive judgment, with which Lords Clake, Wilson, Carnwath and Hodge agreed.

Background

As

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Katten Muchin Rosenman—Charlotte Hill

Katten Muchin Rosenman—Charlotte Hill

Katten strengthens financial markets and funds group in London

Hugh James—Keith Cundall & Lee Hart

Hugh James—Keith Cundall & Lee Hart

Hugh James expands national Serious Injury team with two new Partners

HFW—Rémi Ducloyer

HFW—Rémi Ducloyer

HFW continues Paris office growth with public law Partner hire

NEWS
The Court of Appeal's decision in Mazur v Charles Russell Speechlys LLP has lifted months of uncertainty for Chartered Legal Executives while prompting a rethink of regulation and supervision
The assisted dying debate returns to Westminster as Lauren Edwards MP reintroduces legislation that stalled in the House of Lords last session despite clearing the Commons
A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
Artificial intelligence is transforming legal practice, but careless reliance on it is creating growing professional risks
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
back-to-top-scroll