Long-term care for older people and EU Law: the position in England and Scotland
Please note: this is a legacy publication from CPEC (formely PSSRU at LSE).Journal of Social Welfare and Family Law 34 1 105-124
Available online: 3 July 2012
Abstract
To what extent, if at all, is the current legal position on long-term care for older people in England and Scotland potentially inconsistent with the UK's obligations in EU law? The implications of EU law for UK healthcare provision have been tracked by the literature, exploited by litigation (Case C–372/04 Watts [2006] ECR I–4325, BetterCare [2002] CAT 7), and covered in EU legislation (Directive 2011/24/EU). However, long-term care for older people involves not only healthcare but also social care. Drawing on significant new empirical data gathered in early 2010 for a European Commission report (European Commission 2011), this article is the first to consider in detail how EU law might apply to the social care aspects of long-term care for older people in England and Scotland. It concludes that EU law is an important element of the long-term care policy context.
To what extent, if at all, is the current legal position on long-term care for older people in England and Scotland potentially inconsistent with the UK's obligations in EU law? The implications of EU law for UK healthcare provision have been tracked by the literature, exploited by litigation (Case C–372/04 Watts [2006] ECR I–4325, BetterCare [2002] CAT 7), and covered in EU legislation (Directive 2011/24/EU). However, long-term care for older people involves not only healthcare but also social care. Drawing on significant new empirical data gathered in early 2010 for a European Commission report (European Commission 2011), this article is the first to consider in detail how EU law might apply to the social care aspects of long-term care for older people in England and Scotland. It concludes that EU law is an important element of the long-term care policy context.