18.63R (JF) v NHS Sheffield Clinical Commissioning Group [2014] EWHC 1345 (Admin)
It had not been unlawful to provide ward monitoring and supervision to a person who received 1:1 supervision 24 hours a day while at home, under NHS continuing healthcare
Facts: JF received NHS continuing healthcare in her own home, including 1:1 supervision 24 hours a day. From time to time, JF received in-patient treatment however the CCG assessed her as needing only monitoring and supervision on the ward, on such occasions, not 1:1 supervision 24 hours a day. The hospital later undertook a detailed risk assessment, which concluded that 1:1 supervision was required, because of the unpredictability of JF’s needs. JF nonetheless challenged the CCG’s earlier decision.
Judgment: Stuart-Smith J held that the CCG’s earlier decision had been lawful in public law and had not breached JF’s rights under Articles 2 or 3 ECHR.