It is recently in judicial review proceedings in R (Morris) v Trafford Healthcare NHS Trust [2006] EWHC 2334 (Admin) 22/09/2006 that the Trafford Healthcare NHS Trust in breach of his statutory duty, the members of the public Before closing the Altrincham General Hospital. The case raises interesting new questions regarding if (1) specific statutory duties, and (2) a rapidly evolving public service obligations, the public authorities to consult the public before the decision.
The Health and Social Care Act 2001 ( "the Act") regulates NHS Trust's: (1) planning and provision of health services, (2) the ability, the way the health services, and (3) decisions, the impact to the operation of health care.
What is crucial is that § 11 (1) of the Act provides that it is the duty of each NHS Trust to make arrangements to enable persons to whom health services are provided either directly (or through representatives) in the area, and consulted the on three areas.
In R (Morris) v Trafford Healthcare NHS Trust (above) the decision to close the inpatient hospital in the two stations that are not public hearing. Instead, the Trust justified the closure on the basis that it is imperative for reasons of "clinical safety". "This may seem like a remarkable attitude, taking into account the fact that the law has no exception for security on the need for consultation. However, Mr Justice Hodge, that the clinical safety exception could in theory make sense to write about the need for consultation. This is in line with the Ministry of Health in July 2003 guidelines on the topic: "Overview and scrutiny of Health - Guidance" "and believes that the consultation is not required if a Trust is of the opinion that" a decision has to be taken on a problem, because an immediate risk to the safety or welfare of the patients, staff. "" It goes on to say that: "Under these circumstances, should be the exception. "The problem for the defendant Trust in this case was that Mr Justice Hodge not accept that there is a risk to the safety and noted that the experts recommended that the closure" was false, the function of the stations. His recommendation to the stations should be closed based on a misunderstanding that they were used for acute cases. That was never what they were intended. "" It is interesting that the difficulties of judicial review of only the task of a public body's decision on limited grounds Wednesbury not arise because the decision in this case was so clearly wrong. In short, as Lord Hutton said in Alconbury Ltd v Secretary for Transport and the Regions [2001] 2 All ER 929 HL the limits of judicial review are that: "... .. a court will not decide whether an administrative decision was substantially justified. "
The R (Morris) v Trafford Healthcare NHS Trust case again raises the question:
(1) how easy the requirement, on important decisions affecting the distribution of tax money on the side of public institutions can, (2), in which standard consultation occur.
In recent years the law has developed to set new standards in the Administrative Court also recognized the non-statutory duty to consult. The public good may in some cases by public consultation, that first and foremost, it ensures that the public body is able to weigh all the conflicting public interests, and secondly, it ensures that those with the right to comment the representations into account. But to what extent should the court decide if consultation is deemed useful or necessary?
Decision to consult
The decision about whether to be consulted, unless there is an overriding legal obligation to do so is very much the responsibility of the public body. The grandfather of this line of case law, R. v. Secretary of State, ex parte Greenpeace [1994] 4 All ER 352, it was (during the public inquiry), that: "... ... The Parliament has the Secretary of State a discretion whether or not a public inquiry. Provided that the Secretary of State for his views really are rational and to the question of whether or not a public inquiry, its decision is not contested. "" At a formative stage
However, once the decision has to be done properly. In R (on the application of the Partingdale Lane Residents' Association) v Barnet London Borough Council [2003] EWHC Admin 947 it was held that the consultation to occur when a proposal to a "the" formative stage "and the decision makers had that an open mind on the issue of fundamental principle.
Conclusions
New concepts for the demanding decsions on the consultation will be increasingly necessary if the means to distribute that public bodies have the taxpayer names are becoming increasingly scarce.
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