R (on the application of Whapples) v Birmingham Crosscity Clinical Commissioning Group

National Health Service – Health authority. The claimant issued proceedings for judicial review, seeking a ruling that the defendant clinical commissioning group (the CCG) had an obligation, under s 3 of the National Health Service Act 2006, to provide her with accommodation as part of the health care package with which it should provider her free of charge under the NHS. The Administrative Court, in dismissing the application, held that, given pending Court of Protection proceedings to determine the claimant's capacity, it was too early to say that the CCG was bound in law to find that the claimant had a reasonable requirement of accommodation which needed to be met out of NHS resources.

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