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Healthcare-Consultation-Extent of duty to consult
After a public consultation, the Defendant designated four hospitals as specialist hospitals. It was argued by the Claimants that the Defendants had discriminated unlawfully between the options solely on the basis of the travel and access criteria, and had wrongly included populations from outside the Greater Manchester area. The Claimant also criticised the failure to give additional weight to quality and safety and the decision that other specialised, co-dependent services would not be adversely affected by the proposals. The Defendants were held to have taken an approach to consultation that was reasonably open to them.
7 January 2016
Dove J1. The Defendants provided specialist care for patients with life-threatening conditions and they were to be combined into four specialist hospitals, pursuant to the aim of improving consistency in the quality of care. Specialist hospitals would perform high-risk and emergency surgery. General hospitals would provide elective surgery.
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ISSUES:4. It was argued by the Claimant that the Defendants had discriminated unlawfully between the potential hospitals solely on the basis of the travel and access criteria, and had wrongly included populations from outside the Greater Manchester area in its decision-making process.
5. The application was refused.