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Landmark Health and Social Care Insight
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This is the latest update on developments in health and social care law from Landmark Chambers. We hope you will find this briefing useful; please feel free to forward it to your colleagues.
Editors: David Lock QC, Samantha Broadfoot QC, Leon Glenister and Hannah Gibbs.
Assistant Editor: Faryal Shafi
Click here to make an enquiry or for further information about our specialist public law barristers.
Please be advised that the information contained within this newsletter does not constitute legal advice. Click here for details.
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| No change in the identity of local authority providing s.117 aftercare in cases of repeat detention |
| Leon Glenister |
| In reversing the High Court’s decision, the Court of Appeal in Worcestershire CC v Secretary of State for Health and Social Care has ruled that the local authority originally responsible for provision of aftercare services under s.117 Mental Health Act 1973 remains under a continuing duty to provide care until such time as it is decided that the recipient is no longer in need of such services. |
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Infected Blood Inquiry Update
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| Fiona Scolding QC and Hannah Gibbs |
| The infected blood inquiry continues with a conclusion in 2023 appearing likely. Having taken evidence from Regional Transfusion Directors, its focus has now shifted to the blood transfusion policies and practices of clinicians at that time. |
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Parallel work is being undertaken on a compensation framework. This article also provides updates on two judicial review challenges to the English Infected Blood Support Scheme. |
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| Placement of children in unregistered care homes ruled lawful |
| Miranda Butler |
| The Court of Appeal has ruled that children, and young adults, could lawfully be placed in unregistered care homes for their protection by local authorities in emergency situations when no other options are available. |
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Local authorities to fund holidays if identified as need |
| Georgina Fenton |
| The High Court has ruled that a local authority had erred in law by discontinuing its funding of holidays in the care package for two adult, disabled brothers. |
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| If holidays are assessed as a “need” under the Care Act 2014, they must be funded, the court has ruled. The ruling also serves as a reminder that funding holidays to meet the needs of those subject to Care Act 2014 also falls under the local authorities’ s.19 discretionary powers under the Act. |
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| A consultation by any other name |
| Alex Shattock |
| The High Court in Binder & Ors v Secretary of State for Work And Pensions [2022] EWHC 105 has upheld the challenge to the National Disability Survey, ruling that it failed to meet the requirements of a lawful consultation. |
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| In rejecting the Secretary of State’s argument that it was not a consultation, the court held that whether a given exercise was a consultation or not is a question of substance rather than form. In other words, a consultation in all but name is still caught by the principles of lawful consultation. |
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| High Court quashes decision on individual NHS treatment |
| David Lock QC and Joel Semakula |
| The High Court has quashed the decision of an Individual Patient Funding Request (“IPFR”) panel to deny a cancer patient access to a treatment known as cytoreductive surgery with hyperthermic intraperitoneal chemotherapy. |
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Where a particular treatment is usually denied to patients generally as a result of an NHS commissioning policy, the decision to grant access to a particular patient depends on whether a panel decides to make an exception to the policy for the particular patient. In Wallpott, the Court held the panel had erred in law by failing to give full reasons for its decision and wrongly excluding patients from the comparator group who could not benefit from the treatment in question. |
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Public Law at Landmark Chambers
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Public law involves the rules that govern the way all aspects of government interact with citizens, companies, non-governmental organisations, public bodies and other governments.
It covers everything from the grant of telecommunication licences to major corporates, all aspects of the law of the NHS, through to the rules affecting the detention of asylum seekers.
Each area has its own complex set of rules but there are overriding principles of public law which govern how public bodies are required to act. Our public lawyers have, between them, a huge depth of experience.
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