Smith v North East Derbyshire Primary Care Trust [2006] EWCA Civ 1291 (23 August 2006)

Smith v North East Derbyshire Primary Care Trust [2006] EWCA Civ 1291 (23 August 2006)

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. The existence of the Patients' Forum as a potential alternative remedy after the decision was made did not justify refusal of relief. Relief should not be refused on the basis that consultation would probably have made no difference, as the correct test is inevitability. The judge below erred in principle in refusing relief, and the decision of 23 December 2005 must be quashed.

Citation
[2006] EWCA Civ 1291
Parties
Claimant/appellant: Pam Smith; Defendant/respondent: North East Derbyshire Primary Care Trust; Intervener: Secretary of State
Jurisdiction
England and Wales
Judgment Date
23 August 2006
Procedural Posture
Judicial Review / Appeal From High Court (administrative Court) to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Statutory Duty of Consultation, Judicial Review Remedies, Discretion to Refuse Relief, Primary Care Trusts, Patient Involvement in NHS Decision Making
Administrative Law Health Law Public Law Statutory Duty of Consultation Judicial Review Remedies Discretion to Refuse Relief Primary Care Trusts Patient Involvement in NHS Decision Making

Case Brief

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Parties

Pam Smith

Claimant/appellant

North East Derbyshire Primary Care Trust

Defendant/respondent

Secretary of State

Intervener

Procedural Posture

Judicial Review / Appeal From High Court (administrative 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
  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 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. The existence of the Patients' Forum as a potential alternative remedy after the decision was made did not justify refusal of relief. Relief should not be refused on the basis that consultation would probably have made no difference, as the correct test is inevitability. The judge below erred in principle in refusing relief, and the decision of 23 December 2005 must be quashed.

Court Disposition

Appeal allowed

Orders

  • Decision of the Primary Care Trust dated 23 December 2005 quashed