Dyer, R (in the application of) v The Welsh Ministers & Ors [2015] EWHC 3712 (Admin) (21 December 2015)

Dyer, R (in the application of) v The Welsh Ministers & Ors [2015] EWHC 3712 (Admin) (21 December 2015)

The statutory duty under section 3(1) of the NHS (Wales) Act 2006 is a general duty owed to the public at large, not to individuals, and does not entitle the claimant to a particular facility or location of care. The authorities have not acted unlawfully in their approach to data collection or service planning, and there is no legal requirement to provide a specific secure facility for women with ASD and LD in Wales. The claim is therefore dismissed.

Citation
[2015] EWHC 3712 (Admin)
Parties
Claimant: Claire Dyer (by her mother and litigation friend Catherine Dyer); First Defendant: 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
NHS Duties, Mental Health Act, Provision of Secure Accommodation, Disability Rights, Judicial Review of Public Bodies
Administrative Law Health Law Human Rights NHS Duties Mental Health Act Provision of Secure Accommodation Disability Rights Judicial Review of Public Bodies

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Parties

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

Claimant

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 and NHS bodies in Wales have 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
  2. 2 Whether there is a failure to collate and consider necessary information to make lawful decisions about provision
  3. 3 Whether there is an enforceable individual right to a particular level or location of care

Ratio Decidendi

The statutory duty under section 3(1) of the NHS (Wales) Act 2006 is a general duty owed to the public at large, not to individuals, and does not entitle the claimant to a particular facility or location of care. The authorities have not acted unlawfully in their approach to data collection or service planning, and there is no legal requirement to provide a specific secure facility for women with ASD and LD in Wales. The claim is therefore dismissed.

Court Disposition

Claim dismissed