R (Southall) v Dudley PCT [2009] EWHC 1780 (Admin)

The defendant elected to go to a more expensive home for a continuing care package than the one that the PCT offered. The PCT entered into a contract with the care home operator at the lower rate, which would have been appropriate for the other care home on the same overall site, and the patient funded the difference. The patient then challenged the legality of this top up. The Court found that the PCT's refusal to pay in full for the claimant's continuing care package at the more expensive home was reasonable, and that the arrangement was lawful. There was no breach of article 8 in the patient having to choose between making a payment of top-up fees or having to move to the less expensive care home. The claim for Judicial Review was therefore dismissed.


Judgment: 26 June 2009

Before: Mitting J

Mr S Cragg appeared on behalf of the Claimant

Mr D Lock appeared on behalf of the Defendant

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Transcript - courtesy of counsel for the defendant