Dyer, R (in the application of) v The Welsh Ministers & Ors

Dyer, R (in the application of) v The Welsh Ministers & Ors

The authorities did not act unlawfully under section 3(1) of the National Health Service (Wales) Act 2006. They had sufficient data for planning, exercised their statutory discretion lawfully, were not required to make discrete decisions for every narrowly defined cohort, and had no statutory duty to coordinate beyond delegated functions. The Welsh Ministers were not obliged to intervene as no breach by delegated authorities was established. Article 8 ECHR and Article 19 UNCRD did not confer a right to a particular type or location of treatment and were not breached.

Parties
Claimant: Claire Dyer (by her mother and litigation friend Catherine Dyer); First Defendant: The Welsh Ministers; Second Defendant: Abertawe Bro Morgannwg University Health Board; Third Defendant: Welsh Health Specialised Services Committee; Interested Party: Aneurin Bevan University Health Board; Interested Party: Betsi Cadwaladr University Health Board; Interested Party: Cardiff & Vale University Health Board; Interested Party: Hywel Dda University Health Board; Interested Party: Powys Teaching Health Board; Interested Party: Cwm Taf University Health Board
Jurisdiction
England and Wales
Judgment Date
21 December 2015
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Judicial Review of Public Authorities, Provision of Health Services, Mental Health Law, Disability Rights, Statutory Interpretation, Devolution and Public Administration
Administrative Law Health Law Human Rights Judicial Review of Public Authorities Provision of Health Services Mental Health Law Disability Rights Statutory Interpretation +1 more

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Parties

Claire Dyer (by her mother and litigation friend Catherine Dyer)

Claimant

The Welsh Ministers

First Defendant

Abertawe Bro Morgannwg University Health Board

Second Defendant

Welsh Health Specialised Services Committee

Third Defendant

Aneurin Bevan University Health Board

Interested Party

Betsi Cadwaladr University Health Board

Interested Party

Cardiff & Vale University Health Board

Interested Party

Hywel Dda University Health Board

Interested Party

Powys Teaching Health Board

Interested Party

Cwm Taf University Health Board

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Welsh Ministers, Local Health Boards, and Welsh Health Specialised Services Committee breached their statutory duty under section 3(1) of the National Health Service (Wales) Act 2006 to provide hospital accommodation for women with ASD and LD throughout Wales to meet all reasonable requirements.
  2. 2 Whether the authorities failed to collate and consider necessary data to make lawful decisions regarding provision of secure in-patient facilities for women with ASD and LD.
  3. 3 Whether the authorities failed to take decisions as to reasonable requirements for secure services for women with ASD and LD.

Ratio Decidendi

The authorities did not act unlawfully under section 3(1) of the National Health Service (Wales) Act 2006. They had sufficient data for planning, exercised their statutory discretion lawfully, were not required to make discrete decisions for every narrowly defined cohort, and had no statutory duty to coordinate beyond delegated functions. The Welsh Ministers were not obliged to intervene as no breach by delegated authorities was established. Article 8 ECHR and Article 19 UNCRD did not confer a right to a particular type or location of treatment and were not breached.

Court Disposition

Claim dismissed