header-logo header-logo

06 October 2017 / Nicholas Dobson
Issue: 7764 / Categories: Features , Local government , Public
printer mail-detail

Who should pay for social care nursing?

When nursing care is provided in a social care context, who foots the bill? Nicholas Dobson looks at the Supreme Court case of Forge Care Homes

  • In the context of social care, nursing care by an NHS nurse covers care which in all the circumstances ought to be provided by a registered nurse because it is ‘ancillary to or closely connected with or part and parcel of the nursing care which she has to provide’.

We know that NHS services are generally free at the point of delivery. Social care, on the other hand, is local authority-funded and subject to client means-testing. But what if nursing care is provided in a predominantly social care context? Who pays and for what? It was this scenario that the Supreme Court had to tackle on 2 August 2017 in R (Forge Care Homes Ltd and others) v Cardiff and Vale University Health Board and others [2017] UKSC 56. Lady Hale gave the only substantive judgment, with which Lords Clake, Wilson, Carnwath and Hodge agreed.

Background

As

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
back-to-top-scroll