Royal Brompton & Harefield Trust NHS Foundation Trust v Joint Committee of Primary Care Trusts and another  EWHC 2986 (Admin)
Health – consultation – bias – justicability – legitimate expectation
A consultation into the reconfiguration of health services was unlawful because it breached an NHS Trust’s legitimate expectation.
7 November 2011
(i) Royal Brompton & Harefield Trust NHS Foundation Trust (R) applied for judicial review of a consultation exercise conducted by the Joint Committee of Primary Care Trusts (J). R specialised in heart-and-lung treatments. J consulted on changes to how paediatric congenital cardiac services were delivered in England. In March 2011, J published a consultation document which included two main proposals – first, to reduce the number of centres providing congenital cardiac services from 11 to either 6 or 7 and, second, to reconfigure services inline with one of four options. However, each option included a “two London centre” option from which R was excluded. R argued that (1) the decisions had been predetermined; (2) the consultation was irrational; (3) the process was unlawful for misinformation or bias and (4) there had been a breach of a legitimate expectation in the assessment process.
To read the full case summary and to view the case transcript, you must subscribe to Jordans Public Law Online (if you already subscribe click here to log in).
An authoritative source of case reports covering every aspect of immigration, asylum and...