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National Health Service

11 August 2017
Issue: 7758 / Categories: Case law , Law digest , In Court
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R (on the application of Forge Care Homes Ltd and others) v Cardiff and Vale University Health Board and others) [2017] UKSC 56, [2017] All ER (D) 10 (Aug)

The case concerned the question of who was legally responsible for paying for the work done by registered nurses in social rather than health care settings. The Supreme Court, in providing guidance to that question set out the circumstances where ‘nursing care by a registered nurse’, as stated in s 49(2) of the Health and Social Care Act 2001, occurred. It was held that the respondent health boards had misinterpreted s 49(2) such that it had been plain that Parliament had envisaged that some care services would be included beyond those which could only be provided by a registered nurse.

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