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Client:  Manchester Primary Care Trust (NHS Manchester)

Client Details: Health care commissioning body

St Helens Borough Council v Manchester Primary Care Trust (Court of Appeal) 2008

We acted for the PCT in a funding dispute over eligibility for NHS Continuing Healthcare (CHC) which went to the Court of Appeal. The Council unsuccessfully challenged the PCT’s decision that the individual was not eligible for CHC. The Council argued it had made a decision that the provision of services at home for the individual lay outside its powers and its decision was comparable to that of the PCT.  The Court of Appeal rejected this approach and held that under the statutory framework the PCT is the prime decision maker.  The PCT decision was open to judicial review but the Court was not required to consider the detailed merits of the decision, nor decide between two competing parallel decisions.

Future disputes should not find their way to Court. The National Framework for NHS Continuing Healthcare, requires PCTs and local authorities to have dispute resolution mechanisms in place (on which we have advised). This judgement is clear - the PCT is the primary decision maker when determining eligibility for CHC.  Given the budgetary constraints affecting the NHS and local authorities this will continue to be a key issue.

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