R (A) v North Central London Integrated Care Board

Subject Matter

NATIONAL HEALTH SERVICE — Statutory duty — Health care plan — Severely disabled child having education, health and care plan — Plan stating child to be provided with health care plan — Integrated care board leaving drafting and provision of child’s health care package to commissioned registered care provider — Updated care plan still not provided five months after conclusion of multidisciplinary review process — Whether ongoing breach by care board of statutory duty to “arrange” specified health care provision — Whether general statutory requirement to provide health care plan — Children and Families Act 2014 (c 6), ss 37(2)(d), 42(3) — Special Educational Needs and Disability Regulations 2014 (SI 2014/1530), reg 12(1)(g)(2)

[2024] EWHC 2682 (Admin); [2025] PTSR 335; [2024] WLR(D) 455, KBD

NATIONAL HEALTH SERVICE — Statutory duty — Health care plan — Disabled child receiving continuing care on NHS — Integrated care board responsible for commissioning child’s care — Board terminating contract with care provider and engaging new care provider — Child’s parents declining services of new provider and continuing to engage old provider at own cost — Child seeking judicial review of board’s decision to terminate — Whether fresh evidence admissible — Whether board breaching statutory duty to ensure lawful health care plan in place — Whether child’s parents entitled in restitution to repayment of costs incurred from engaging care provider privately — Whether costs incurred by child’s parents consequential on breach of duty — Children and Families Act 2014 (c 6), s 42(3)

[2025] EWCA Civ 485; [2025] PTSR 1799, CA

Commentary

Local Government Lawyer
Integrated care board breached duty to provide lawful health care plan: High Court Case comment