In response to a threat of judicial review, brought by Care England (with assistance from David Collins Solicitors), the Department of Health and Social Care (DHSC) has agreed to reconsider the 2019/20 Funded Nursing Care (FNC) rate.
DHSC has agreed to engage with Care England as part of that process.
The concerns raised by Care England which formed the basis of its legal challenge, addressed the following aspects:
- The assumption that providers will not employ more than 10 per cent nursing hours through agency nurses
- That providers are able to make efficiency savings of 3.1 per cent
- The approach adopted in the calculation of inflation, limiting it to £1.40.
Professor Martin Green, chief executive of Care England, said: “We hope … a new rate decision increases the current rate to that which properly reflects the costs of providing nursing to many thousands of people living in nursing homes.”
Care England is now in discussion with DHSC about the terms and timings of the review and will keep members informed as to progress going forward.