Reconfiguration of NHS services

Many changes are planned for the delivery of healthcare in both England and Wales, and appropriate processes must be in place for consulting all interested parties. However, in a recent case it was held that an NHS Foundation Trust had acted correctly in adequately engaging service users with proposals to reconfigure mental health services. Moreover, the public sector equality duty was not a “back door” by which to challenge the merits of decisions. A decision would only be unlawful if there had been a failure by the authorities to comply with the duty as a matter of substance rather than one of form.