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 use a voluntary organisation, such as a user independent trust, to provide services to a patient. In this case, the PCT needed to reconsider its position, as it had failed properly to take into account the importance to Ms Gunter of her home life, her expressed views and the benefits that living at home had occasioned.