Gossip, R (on the application of) v NHS Surrey Downs Clinical Commissioning Group

Gossip, R (on the application of) v NHS Surrey Downs Clinical Commissioning Group

Relief was refused because the claimant challenged the wrong target; any procedural or substantive errors in the CCG's decision were capable of being cured by the Independent Review Panel, which conducted a full rehearing and upheld the CCG's decision. The CCG's failure to operate a joint panel was unlawful under its own policy, but section 31(2A) of the Senior Courts Act 1981 applied, as the outcome would not have been substantially different. The CCG was not bound to follow the National Framework except insofar as required by statute, and the panel was the ultimate decision-maker.

Parties
Claimant: David Gossip; Defendant: NHS Surrey Downs Clinical Commissioning Group
Jurisdiction
England and Wales
Judgment Date
17 December 2019
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application for judicial review refused
Legal Topics
NHS Continuing Healthcare, Judicial Review Procedure, Legitimate Expectation, Consultation Duty, Panel Decision Making, National Framework Guidance
Administrative Law Health Law NHS Continuing Healthcare Judicial Review Procedure Legitimate Expectation Consultation Duty Panel Decision Making National Framework Guidance

Case Brief

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Parties

David Gossip

Claimant

NHS Surrey Downs Clinical Commissioning Group

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the CCG's decision not to grant NHS Continuing Healthcare funding was lawful
  2. 2 Whether the CCG followed the correct statutory and policy procedures
  3. 3 Whether the panel decision was properly informed by the MDT assessment

Ratio Decidendi

Relief was refused because the claimant challenged the wrong target; any procedural or substantive errors in the CCG's decision were capable of being cured by the Independent Review Panel, which conducted a full rehearing and upheld the CCG's decision. The CCG's failure to operate a joint panel was unlawful under its own policy, but section 31(2A) of the Senior Courts Act 1981 applied, as the outcome would not have been substantially different. The CCG was not bound to follow the National Framework except insofar as required by statute, and the panel was the ultimate decision-maker.

Court Disposition

Application for judicial review refused