Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Court of Protection Practice and Procedure Conference 2016

A comprehensive guide to best practice and current thinking

Public law and Regulation

Case reports and guidance on public law and professional regulation issues

11 JAN 2012

Royal Brompton & Harefield Trust NHS Foundation Trust v Joint Committee of Primary Care Trusts and another [2011] 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
Administrative Court
Owen J
(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).

Licensing Law Reports

Licensing Law Reports

Full text reports of cases on all aspects of licensing law and practice.

More Info from £155.00
Available in Public Law and Regulation Online
Education Law Reports

Education Law Reports

Comprehensive and reliable reporting service.

More Info from £155.00
Available in Education Law Online
Subscribe to our newsletters