The NHS is one of the bodies that appears most frequently in court. A combination of complicated and lengthy processes, an intriguing mix of expert and lay knowledge, and a fiercely loyal population mean that changes tend to be subject to intense scrutiny, and often no small amount of campaigning. The latest health body to […]
It would seem that the days when we got practically no consultation law cases from Scotland are well and truly over. When we saw McHattie v South Ayrshire at the beginning of 2020 we noted that it was unusual to see a case in Scotland, and the case was a welcome reminder of the enforceability
We’re all familiar with the basic principles of consultation. Public bodies, in certain circumstances, are required to consult their populations on policy changes. These consultations must be conducted lawfully, in line with statute, the Gunning principles and other common law requirements. The case law is by now very extensive, and not doing so can be
A few weeks ago we wrote about what we called “the quintessential consultation case”, R (The Police Superintendents’ Association) v Her Majesty’s Treasury. It was a case that covered almost all of the things we regularly see in cases: the legal principles involved, the procedural issues that can arise, and the subject of what relief
Institute publishes PSA v HMT Briefing Paper Read More »
The drive towards better integration in the health and social care system continued last week, in advance of the final passage of the Health and Care Bill (currently at report stage in the House of Lords). In the name of getting things in place for a relatively swift turnaround, the Government published a new White
Well, off they go into recess again (in Westminster at least), a welcome week-long reprieve for the Prime Minister from the risks of shady plots being discussed in shadowy corners. For MPs, it’s time to go and take the temperature of their constituents, find out what they’re worried about and how quickly they think he
The Week in Parliament Read More »
It’s now six long years since the referendum on leaving the European Union, six years of posturing, politics, and negotiation to secure the ultimate prize. It’s over two years now since we left, sharing drinks celebratory, commiserative or entirely indifferent. So, what has this new era of freedom brought us, other than a lot more
On 31st January the Secretary of State for Health and Social Care announced that the Government would be u-turning on their policy of requiring all patient-facing health and care staff to be fully vaccinated against covid by April this year. The change will be subject to a one-week long online-only consultation that started this last
Well, we’re all eagerly waiting to see who’s left working in Downing Street by the end of the day. I’ve heard whispers that the dog and the two babies are planning a joint resignation. Be that as it may, we can’t be watching the famous door all the time- there’s things happening elsewhere (albeit this
The Week in Parliament Read More »
When the statue of Edward Colston, prominent Bristolian and slaver, was toppled and unceremoniously dumped in the harbour during a BLM protest in June 2020, it triggered an intense debate about the propriety of the removal of statues and monuments to historical figures from public spaces. It became a key point of debate in arguments
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