London Borough of Lewisham & Anor, R (on the application of) v Secretary of State for Health & Ors [2013] EWHC 2381 (Admin) (31 July 2013)

London Borough of Lewisham & Anor, R (on the application of) v Secretary of State for Health & Ors [2013] EWHC 2381 (Admin) (31 July 2013)

The powers of the Trust Special Administrator and the Secretary of State under Chapter 5A of the National Health Service Act 2006 are limited to the trust to which the TSA is appointed. Recommendations and decisions affecting hospitals or services outside that trust, such as Lewisham Hospital, are ultra vires. The Secretary of State's decision to reduce services at Lewisham Hospital pursuant to the TSA's recommendations was therefore unlawful.

Citation
[2013] EWHC 2381 (Admin)
Parties
First Claimant: London Borough of Lewisham; Second Claimant: Save Lewisham Hospital Campaign Limited; First Defendant: Secretary of State for Health; Second Defendant: Trust Special Administrator appointed to South London Hospitals NHS Trust; Interested Party: Lewisham Healthcare NHS Trust; Interested Party: Lewisham Clinical Commissioning Group
Jurisdiction
England and Wales
Judgment Date
31 July 2013
Procedural Posture
Judicial Review / Final Judgment at First Instance
Outcome
Claim allowed; decisions quashed
Legal Topics
Ultra Vires, Legitimate Expectation, Consultation Requirements, NHS Trust Reconfiguration
Administrative Law Health Law Statutory Interpretation Ultra Vires Legitimate Expectation Consultation Requirements NHS Trust Reconfiguration

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Parties

London Borough of Lewisham

First Claimant

Save Lewisham Hospital Campaign Limited

Second Claimant

Secretary of State for Health

First Defendant

Trust Special Administrator appointed to South London Hospitals NHS Trust

Second Defendant

Lewisham Healthcare NHS Trust

Interested Party

Lewisham Clinical Commissioning Group

Interested Party

Procedural Posture

Judicial Review / Final Judgment at First Instance

Legal Issues

  1. 1 Whether the Trust Special Administrator (TSA) and Secretary of State acted ultra vires in making recommendations and decisions affecting Lewisham Hospital, which was not part of the trust to which the TSA was appointed.
  2. 2 Whether there was a breach of legitimate expectation that the TSA regime would not be used for 'back-door reconfiguration'.
  3. 3 Whether the consultation requirements under the National Health Service Act 2006 were met.

Ratio Decidendi

The powers of the Trust Special Administrator and the Secretary of State under Chapter 5A of the National Health Service Act 2006 are limited to the trust to which the TSA is appointed. Recommendations and decisions affecting hospitals or services outside that trust, such as Lewisham Hospital, are ultra vires. The Secretary of State's decision to reduce services at Lewisham Hospital pursuant to the TSA's recommendations was therefore unlawful.

Court Disposition

Claim allowed; decisions quashed

Orders

  • The Secretary of State's decision dated 31 January 2013 to accept the TSA's recommendations regarding Lewisham Hospital is quashed.
  • The TSA's recommendations concerning Lewisham Hospital are quashed.