The Law

There is a legal basis for the provision of CHC Funding, as well as a number of other pieces of legislation which may be useful to back up your application, if you are in dispute with the CCG. They are provided here for your reference, although in most cases it will be easiest to look at what the Framework says, and to be guided by the Practice Guidance Notes.

The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012

In cases where documents have been improperly altered, or there is evidence of deliberate misinformation, and this has led to you spending money unnecessarily, you may need to seek legal advice on whether to pursue a claim for financial loss. The law is there to protect an individual from being defrauded of what is rightfully theirs. The Theft Act (1968), the Fraud Act (2006) and the Forgery and Counterfeiting Act(1981) are relevant here, and conviction under these carries custodial sentences.

Tort of Deceipt: The Tort of Deceipt (also known as “fraud”) is a civil wrong, for which the relevant person or authority can be sued. A Court of Appeal ruling from 2013 clarifies the nature of this. Deceit occurs when a person makes a factual misrepresentation, knowing that it is false (or having no belief in its truth and being reckless as to whether it is true) and intending it to be relied on by the recipient, and the recipient acts to his or her detriment in reliance on it.

The Court of Appeal (2013) ruled that: “Tort of deceit contains four ingredients: (1) Defendant makes a false representation to the Claimant; (2) Defendant knows that the representation is false or is reckless as to whether it is true or false; (3) Defendant intends that the Claimant should act in reliance on it; and (4) claimant does act in reliance on the representation and, in consequence, suffers loss.”

A video presentation by Luke Clements is an hour long, but is an invaluable explanation of the basis for the law on CHC funding:

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s