header-logo header-logo

Who should pay for social care nursing?

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

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

NLJ Career Profile: Bridget Tatham, Forum of Insurance Lawyers

NLJ Career Profile: Bridget Tatham, Forum of Insurance Lawyers

Bridget Tatham, partner at Browne Jacobson and 2026 president of the Forum of Insurance Lawyers, highlights the importance of hard work, ambition and seizing opportunities

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
back-to-top-scroll