National Health Service

The claimant received 1:1 supervision 24 hours a day as part of NHS continuing healthcare in the community funded by the defendant clinical commissioning group. She sought judicial review of the defendant’s decision not to provide her usual funded package while she was in hospital. The Administrative Court, in dismissing the application, held that the defendant’s decision had been rational and had not breached Arts 2 or 3 of the European Convention on Human Rights (Sch 1 to the Human Rights Act 1998). Further, the defendant had not breached its duty to meet the claimant’s assessed need or to carry out an up-to-date assessment of her needs.