NHS restructuring

R (on the application of Save our Surgery Ltd) v Joint Committee of Primary Care Trusts 2013

Counsel: For the claimant: Philip Havers QC, Jeremy HyamFor the defendant: Dinah Rose QC, Marina WheelerFor the interested party: Fenella Morris QCSolicitors: For the claimant: HempsonsFor the defendant: CapsticksFor the interested party: Samuel Phillips

At present, hospital and other NHS services in England and Wales are undergoing a process of reconfiguration to ensure that the best services are available at centres of excellence. Many of the proposals being considered are unpopular with patients and are being challenged. In one such challenge, a consultation process relating to the proposed reduction in the number of paediatric cardiac surgery centres in England was held to be so unfair as to be unlawful where the organisation responsible for the consultation and decision making had failed to consider a material consideration. The case underlines the importance of carrying out appropriate consultations, and taking all relevant matters into account in the process.