The respondent had planned to downgrade a local hospital, closing the accident and emergency department. This was a renewed application for leave to seek judicial review of the plan. The health authority initially developed and had before them seven options. These they narrowed down to a single preferred option and then consulted solely upon this proposal.
Held: Although alternative proposals had been mentioned, the only one of sufficient cogency to trigger a duty to consult was the instant case on which consultation had taken place. Leave was refused.
Judges:
Simon Brown, Auld, Thorpe LJJ
Citations:
[1999] EWCA Civ 1525
Links:
Statutes:
The Community Health Councils Regulations 1996
Jurisdiction:
England and Wales
Citing:
Appeal from – Regina v Worcester Health Authority ex parte Kidderminster and District Community Health Council Admn 18-Jan-1999
. .
Cited – Regina v Cardiff City Council ex parte Gooding Investments Admn 1996
. .
Cited – Regina v Hillingdon Health Authority ex parte Goodwin 1984
Woolf J said: ‘Whenever there has to be consultation, there has to be an indication of what there is to be consultation about; and, although an authority must enter into the consultation without a closed mind, it seems to me that there is nothing . .
Cited – Regina v North and East Devon Health Authority; North Devon Healthcare NHS Trust ex parte Pow, Geall and Ridd Admn 4-Aug-1997
The health authority had taken their decision on the future of a hospital without consultation and sought to rely on regulation 18(3), arguing that the ‘decision ha[d] to be taken without allowing time for consultation.’
Held: That argument . .
Cited – Nichol v Gateshead Metropolitan Borough Council CA 1988
Gateshead, confronted by a falling birth rate and therefore an inability to sustain a viable sixth form in all its secondary schools, decided to set up sixth form colleges instead. Local parents had failed to establish that Gateshead’s prior . .
Cited – Regina v Customs and Excise Commissioners, Ex Eurotunnel Plc and Others QBD 23-Feb-1995
A Judicial Review application remained time barred despite leave having been given to apply out of time. . .
Lists of cited by and citing cases may be incomplete.
Judicial Review
Updated: 30 May 2022; Ref: scu.146440