18.36R (Gunter) v South Western Staffordshire PCT [2005] EWHC 1894 (Admin), (2006) 9 CCLR 121
The NHS decision to refuse services was vitiated by its failure to appreciate that it could fund a user independent trust and the importance of the patient’s home life
Facts: Ms Gunter was a 21-year-old woman, who lived with her parents, but required 24-hour nursing care. A point had been reached where the PCT wanted to provide Ms Gunter with residential care. The parents wanted care at home, provided by a user independent trust, with the parents available in a supportive/emergency role.
Judgment: Collins J held that the PCT had power to fund a user independent trust and was required to at least explore that option, to see if care at home could be provided more cheaply, so as to avoid the need of Ms Gunter to have to leave her home.