Was the Court of Appeal decision in Coughlan correct?
In court the judge ruled that both general and specialist nursing care were the sole responsibility of the NHS. In Pamela Coughlan’s case, however, the Court of Appeal ruled that her nursing care was the responsibility of the NHS, not the local authority.
How can I pay for NHS care?
You can ask your GP, social worker or care home manager to arrange an assessment for NHS funded nursing care payments. If you’ve had an assessment for NHS continuing healthcare then you won’t need a separate assessment.
What is a primary healthcare need?
A Primary Health Need is the situation where the main aspect or majority of the individual’s care is focused on addressing or preventing their Healthcare needs. It is also identifiable as being over and above what a Local Authority can be expected to provide, i.e. social care needs.
What is the Coughlan case?
Ultimately the Coughlan case highlighted that if an individual has healthcare needs that are over and above that which social services can be expected to provide and are therefore primarily health needs, the NHS has a responsibility to provide for those needs, and to fund the necessary care.
What is legitimate expectation in administrative law?
Legitimate Expectation means that a person may have a reasonable expectation of being treated in a certain way by administrative authorities owing to some consistent practice in the past or an express promise made by the concerned authority.
Do you have to pay for care if you are sectioned?
If you have been sectioned (detained for treatment in a psychiatric hospital), any mental health aftercare you may need when you leave hospital should be provided free of charge.
What is a reasonable expectation in law?
In public or administrative law, a legitimate expectation is a clear, unambiguous and unqualified assurance, understood by those to whom it is given, that a particular course of action will be taken or a particular procedure will be followed.
How is legitimate expectation different from a right?
Rooted in the principle of natural justice, procedural legitimate expectation protects procedural interests of the individual in public law. Although procedural expectations by applicants may manifest in various forms, they are all aspects of the “right to a hearing”, which an individual affected by a decision enjoys.
When did the Court of Appeal dismiss the Coughlan case?
The health authority and Department of Health appealed the decision but this was dismissed by the Court of Appeal in 1999. The Coughlan judgment is without question the most important benchmark case in NHS continuing healthcare, and one that is often misunderstood.
Is the Coughlan case a leading decision in substantive legitimate expectations?
You should not treat any information in this essay as being authoritative. The Coughlan case is a leading decision with respect to the issue of ‘substantive legitimate expectations’ and the purpose of this paper is to critically evaluate the arguments in favour of, as well as against, the judgments in the instant case.
Where was the ex parte Coughlan case heard?
The Royal Courts of Justice in London, which house the High Court and the Court of Appeal. In the Ex parte Coughlan case, both of these courts agreed that substantive legitimate expectation is a ground of judicial review in administrative law its own right.
Can a continuing care assessor still use the Coughlan case?
Continuing Care assessors will often say that the Coughlan case is ‘old’ and therefore doesn’t count anymore. They also often say that the rulings in this case are no longer relevant. Both statements are incorrect. Assessors must still decide whether or not a person’s care needs fall above or below the legal limit for local authority care.