Flatley, R (on the application of) v Hywel DDA University Local Health Board & Anor (Rev 1) [2014] EWHC 2258 (Admin) (10 July 2014)

Flatley, R (on the application of) v Hywel DDA University Local Health Board & Anor (Rev 1) [2014] EWHC 2258 (Admin) (10 July 2014)

The court held that the consultation process conducted by the Local Health Board was lawful, not predetermined, and provided adequate opportunity for participation. There was no breach of legitimate expectation regarding the independent chair, and the equality duty was sufficiently considered at the relevant stages. The Minister's decisions were not vitiated by any alleged flaws in the consultation process, and he properly understood and exercised his statutory powers. Accordingly, all grounds of challenge failed.

Citation
[2014] EWHC 2258 (Admin)
Parties
Claimant: Anthony John Flatley; Claimant: Kayleigh Donohoe; Defendant/interested Party: Hywel Dda University Local Health Board; Defendant/interested Party: Welsh Ministers
Jurisdiction
England and Wales
Judgment Date
10 July 2014
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claims dismissed
Legal Topics
Judicial Review, Consultation Requirements, Legitimate Expectation, Equality Act 2010, NHS Service Reconfiguration, Statutory Interpretation
Administrative Law Health Law Public Law Judicial Review Consultation Requirements Legitimate Expectation Equality Act 2010 NHS Service Reconfiguration +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Anthony John Flatley

Claimant

Kayleigh Donohoe

Claimant

Hywel Dda University Local Health Board

Defendant/interested Party

Welsh Ministers

Defendant/interested Party

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the consultation process by the Local Health Board was legally adequate and conducted with an open mind
  2. 2 Whether there was unlawful predetermination or undisclosed preferred options in the consultation
  3. 3 Whether the Local Health Board breached a legitimate expectation regarding an independent chair for the implementation board

Ratio Decidendi

The court held that the consultation process conducted by the Local Health Board was lawful, not predetermined, and provided adequate opportunity for participation. There was no breach of legitimate expectation regarding the independent chair, and the equality duty was sufficiently considered at the relevant stages. The Minister's decisions were not vitiated by any alleged flaws in the consultation process, and he properly understood and exercised his statutory powers. Accordingly, all grounds of challenge failed.

Court Disposition

Claims dismissed

Orders

  • All applications for judicial review are refused
  • No order for quashing or remittal of the challenged decisions