Whapples, R (on the application of) v Birmingham Crosscity Clinical Commissioning & Anor
2014
ADMINISTRATIVE COURT
UK
CORAM
- THE HONOURABLE MR JUSTICE SALES
Areas of Law
- Health Law
2014
ADMINISTRATIVE COURT
UK
CORAM
AI Generated Summary
The court considered whether the CCG had an obligation to provide accommodation under section 3 of the NHS Act 2006 given the Claimant's severe PTSD and physical ailments. The CCG argued that alternative means-tested state provisions could address her needs. The court held that the CCG is not required to provide accommodation, as other means-tested benefits may suffice. The Framework Guidance implies that NHS bodies are not typically responsible for housing costs, emphasizing the exploration of alternative provisions before diverting NHS resources.
Judgment
Mr Justice Sales:
Introduction
This is an application for judicial review brought in very sad and difficult circumstances. The Claimant has extremely severe physical symptoms stemming, so the balance of the available medical evidence indicates, from post traumatic stress disorder (“PTSD”) arising from traumatic events in her past, including abuse during childhood. She is seeking a ruling from this court to the effect that the Defendant (“the CCG”) has an obligation under section 3 of the National Health Service Act 2006 (“ the NHS Act ”) to provide her with accommodation, as part of the health care package with which it should provide her free of charge under the NHS.
The CCG denies that it is subject to such an obligation. It says that there are other routes by which the Claimant’s accommodation needs can be met, either by provision of suitable housing by a housing association (with rent paid for by housing benefit) or by provision of social housing by a local authority with responsibility for meeting her social welfare needs.
The legal issue of principle which the court is invited to determine on the present application is whether the Claimant has a right to provision of accommodation suitable to meet her needs as part of the free, non-means tested care which she receives from the NHS or whether her accommodation should be provided by one or other of these alternative routes, in the form of means tested welfare benefits.
The Claimant has no significant assets and her medical condition is such that she cannot work, so she has a strong claim to be in receipt of appropriate means tested social assistance. However, she feels that she would have greater assurance about the accommodation options available to her if she can establish that the CCG has an obligation under section 3 of the NHS Act to provide her with accommodation.
This legal issue is of wider significance for the NHS. An obligation on NHS bodies to provide free of charge, non-means tested accommodation could, if it is extensive, represent a considerable drain on their resources. For that reason, the Secretary of State for Health has been granted permission to intervene in these proceedings.
Section 3 of the NHS Act
Section 3(1) of the NHS Act , as amended, provides:
“A clinical commissioning group must arrange for the provision of the following to such extent as it considers necessary to meet the reasonable requirements of the persons for whom it has responsibility –
(a) hospi