Author and Publication
Author: Ben Slater, Registered Social Worker, Founder and Managing Director of Nellie Supports
Reviewed by: Kerry Slater, Director of Operations
Last reviewed: 20 July 2026
Citation
1. Department of Health and Social Care (2022) National Framework for NHS Continuing Healthcare and NHS-funded Nursing Care. Available at: https://www.gov.uk/government/publications/national-framework-for-nhs-continuing-healthcare-and-nhs-funded-nursing-care
2. Parliamentary and Health Service Ombudsman. Making a complaint about the NHS in England. Available at: https://www.ombudsman.org.uk
3. R (Grogan) v Bexley NHS Care Trust and others [2006] EWHC 44 (Admin).
4. Mental Capacity Act 2005, c. 9. Available at: https://www.legislation.gov.uk/ukpga/2005/9/contents
Copywright
Copyright © 2026 Nellie Supports Ltd. All rights reserved.
This article is made available for general information, education and professional reference. It may be downloaded, printed and shared for non-commercial purposes, provided that it is reproduced in full, is not altered in any way, and is properly cited as the work of Nellie Supports Ltd. This material must not be edited, adapted, sold, republished, incorporated into commercial products, or used for commercial training, assessment, report-writing or advisory services without prior written permission from Nellie Supports Ltd.
This article does not constitute legal advice, clinical advice or a substitute for a decision-specific professional assessment. Where legislation, government guidance, court forms or external professional materials are referred to, those materials remain subject to their own copyright, licensing and re-use terms.
Abstract
This guide explains judicial review in the context of NHS Continuing Healthcare disputes. It covers what judicial review addresses, the distinction between legality and merits, the requirement to exhaust other remedies first, the strict time limit, the grounds that may arise in continuing healthcare cases, the costs risk, and why specialist legal advice is essential.
When judicial review is the route in CHC disputes
Judicial review is the route of last resort in NHS Continuing Healthcare disputes. It is rare, time critical and expensive, and it asks a narrower question than most families expect. Nellie Supports does not provide legal advice, and this guide explains the framework rather than advising on any individual case.
What judicial review addresses
Judicial review is a court process examining whether a public body's decision was lawful. It looks at how a decision was made rather than whether it was right. A court will not substitute its own view about whether someone should receive NHS Continuing Healthcare. Where a decision is found unlawful, the usual outcome is that it must be retaken properly.
Legality, not merits
This is the distinction families most often find frustrating. A decision can be one the court considers unwise and still be lawful. Judicial review addresses whether the decision maker applied the right test, took relevant matters into account, ignored irrelevant ones, followed a fair process and reached a conclusion open to it on the evidence.
Exhaust the other routes first
Courts expect alternative remedies to be used before judicial review is considered. That means local resolution, then the NHS England Independent Review Panel, and in appropriate cases the Ombudsman. A claim brought before those routes are exhausted is likely to be refused permission on that basis alone.
The time limit is strict
Judicial review claims must generally be brought promptly and in any event within three months of the decision complained of. That is considerably shorter than the timescales elsewhere in the process, and it is applied strictly. Anyone contemplating this route needs legal advice early rather than after the other stages have concluded.
Grounds that may arise
In continuing healthcare cases the grounds that appear most often concern a failure to apply the correct primary health need test, a failure to give adequate reasons, taking irrelevant considerations such as cost into account, procedural unfairness, or a decision no reasonable decision maker could have reached on the evidence.
Cost and risk
Judicial review carries a real costs risk, since an unsuccessful claimant may be ordered to pay the other side's costs. Legal aid is limited in scope. These are matters to discuss with a solicitor experienced in community care law before proceeding, and the risk is a legitimate reason many well-founded concerns are not pursued this way.
Key takeaway
Judicial review examines legality, not merits, requires other routes to be exhausted, must be brought within three months, and carries a costs risk. It is a matter for a solicitor experienced in community care law, and this guide is not a substitute for that advice.
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Frequently asked questions
Will judicial review decide whether we should get funding?
No. It examines whether the decision was made lawfully, not whether it was right. Where a decision is found unlawful, the usual outcome is that it must be retaken properly rather than reversed.
Do we have to complete the appeal process first?
Yes, in practice. Courts expect alternative remedies to be exhausted, meaning local resolution and the Independent Review Panel, and a claim brought earlier is likely to be refused permission on that basis.
What is the time limit?
Claims must generally be brought promptly and within three months of the decision complained of. That is much shorter than other stages of the process and is applied strictly.
Related NHS Continuing Healthcare pages
These links take you to the most relevant Nellie Supports service page and to the supporting guides that explain the surrounding process.
Speak to an independent CHC specialist
Nellie Supports prepares independent needs evidence for NHS Continuing Healthcare assessments, reviews and appeals across England and Wales. Our reports are written by registered social workers on a permanent employed team, with internal peer review before release. Call 0333 987 5118 or send an enquiry and we will talk through where you are in the process.