Facts: Ms Whapples was functionally quadriplegic and also suffered from PTSD because of which she was unable to live in a care home. The CCG accepted that Ms Whapples was entitled to NHS continuing healthcare and that it had power to fund private accommodation but decided not to exercise it, as accommodation would be available through the relevant housing authority. Ms Whapples sought a judicial review.

Judgment: the Court of Appeal (Underhill, Vos and Burnett LJJ) held that in general the NHS continuing healthcare framework did not contemplate that the NHS would be responsible for funding accommodation costs where a person was receiving healthcare in their own home. To the extent that ordinary accommodation was needed, which the patient could not arrange and fund themselves, the distribution of responsibility placed a duty on local authorities rather than the NHS and the CCG’s decision had been lawful in public law.