In R (Gossip) v NHS Surrey Downs CCG  EWHC 3411 (Admin) the Claimant challenged the Defendant’s assessment that he was not entitled to NHS Continuing Healthcare inter alia on the basis that the Defendant was bound to accept the Assessors’ positive recommendation for CHC unless there were exceptional circumstances, and there were none. This argument was based on a paragraph of the National Framework Guidance (PG 33.1(g)), to which the Defendant had a duty to have regard, but which the Claimant argued was binding.
The court accepted the Defendant’s argument that the guidance was simply that, and that paragraph of the guidance could not be treated as an express legal obligation. The court also held that the correct target for JR was not the Defendant’s Eligibility Panel decision, but the decision of the subsequent appeal to the Independent Review Panel, and the claim failed in any event for failing to address the relevant decision in law.
Vikram acted for the Defendant, leading Jack Anderson. They were instructed by Kiran Bhogal of Hill Dickinson.
The judgment can be read here.