abstract: The recent case Maureen Grogan vs Bexley NHS Care Trust (25 January 2006) found that a 'primary health needs approach' was not being used to test whether clients' continuing care needs were either due primarily to health needs or were 'merely incidental or ancillary to the provision of accommodation which a local authority is under a duty to provide'. Unfortunately the Grogan judgement has not advanced our understanding of what these terms mean. I would hope the new national eligibility criteria and guidance, when finally published, will elucidate these terms, and provide greater support for the clinicians who have to apply the criteria.
authors.affiliation: King's College Hospital NHS Trust, London.
authors.forename: Nicky
authors.initials: N
authors.lastname: Hayes