Smith v North East Derbyshire Primary Care Trust

Smith v North East Derbyshire Primary Care Trust

The PCT breached its statutory duty to consult under section 11(1) of the Health and Social Care Act 2001. The existence of the Patients' Forum was not an adequate alternative remedy after the decision was made. Relief should not be refused on the basis that consultation would probably have made no difference, as probability is insufficient. The decision to negotiate with UHE as preferred bidder must be quashed.

Parties
Claimant/appellant: Pam Smith; Defendant/respondent: North East Derbyshire Primary Care Trust; Interested Party: Secretary of State
Jurisdiction
England and Wales
Judgment Date
23 August 2006
Procedural Posture
Judicial Review / Appeal From High Court to Court of Appeal
Outcome
Appeal allowed; decision of 23rd December 2005 quashed
Legal Topics
Judicial Review, Statutory Duty of Consultation, Discretionary Relief, Alternative Remedies
Administrative Law Health Law Judicial Review Statutory Duty of Consultation Discretionary Relief Alternative Remedies

Case Brief

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Parties

Pam Smith

Claimant/appellant

North East Derbyshire Primary Care Trust

Defendant/respondent

Secretary of State

Interested Party

Procedural Posture

Judicial Review / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the Primary Care Trust breached its statutory duty to consult under section 11(1) of the Health and Social Care Act 2001 before deciding to negotiate with United Health Europe Limited
  2. 2 Whether the existence of an alternative remedy (Patients' Forum) justified refusal of relief
  3. 3 Whether relief should be refused on the basis that consultation would have made no difference

Ratio Decidendi

The PCT breached its statutory duty to consult under section 11(1) of the Health and Social Care Act 2001. The existence of the Patients' Forum was not an adequate alternative remedy after the decision was made. Relief should not be refused on the basis that consultation would probably have made no difference, as probability is insufficient. The decision to negotiate with UHE as preferred bidder must be quashed.

Court Disposition

Appeal allowed; decision of 23rd December 2005 quashed

Orders

  • The PCT's decision of 23rd December 2005 to negotiate with United Health Europe Limited as preferred bidder is quashed