Manchester NHS – Grounds for a Judicial Review ?

Under Section 242(1B) of the NHS Act 2006, as amended by the Local Government and Public Involvement in Health Act 2007 (LGPIH Act) came into force on 3rd November 2008. IT IS STILL IN FORCE and provides that:
Each relevant English body must make arrangements, as respects health services for which it is responsible, which secure that users of those services, whether directly or through representatives, are involved (whether by being consulted or provided with information or in other ways) in-
(a) The planning of the provision of those services
(b) The development and consideration of proposals for changes in the way those services are provided
(c) Decisions to be made by that body affecting the operation of those services.
The duty to involve users or potential users under 242(B) is a legal requirement whether an OSC is consulted or not. The legal duty falls both on the commissioners of health services and onto those providing services, including FTs and private providers.
We not aware of there having been any such consultation with users of those services in Greater Manchester, prior to today’s announcement. As such, this proposal would appear to be in breach of this “legal requirement”. We would suspect there may be very strong grounds for applying for a Judicial Review of the decision.
The CCGs have not yet been given time to prove the effectiveness, or otherwise, of GP-led commissioning bodies. It appears to have been proposed to secure electoral advantage in the North West in the coming General Election. This is yet another politically inspired ‘top-down’ reorganisation and fragmentation being imposed on the NHS

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