Facts: the disabled claimants had been in receipt of direct payments from local authorities but became entitled to NHS continuing healthcare. Their local PCTs declined to continue to make direct payments on the ground that they lacked the power to do so. The claimants then sought a judicial review of the Secretary of State’s policy guidance, on which the PCTs had relied.

Judgment: Silber J held that on a proper construction of the NHSA 2006, the NHS was not entitled to make cash payments to enable patients to purchase services and that whilst Article 8 ECHR was engaged, the differences between those in receipt of social care, and those in receipt of healthcare, justified a different approach to the provision of direct payments.

Comment: the position has now been mitigated, see: