Flatley, R (On the Application Of) v Hywel Dda University Health Board

Flatley, R (On the Application Of) v Hywel Dda University Health Board

The grounds alleging error of fact and failure to consider equality impacts were unarguable; the grounds relating to consultation and the Minister's discretion were arguable and raised issues of public interest, warranting permission to proceed.

Parties
Claimant: Anthony John Flatley; Defendant: Welsh Ministers; Interested Party: Hywel Dda University Health Board
Jurisdiction
England and Wales
Judgment Date
13 March 2014
Procedural Posture
Judicial Review / Permission Hearing
Outcome
Permission granted in part; claim proceeds on consultation grounds only.
Legal Topics
Judicial Review, Consultation Requirements, Equality Act 2010, Health Service Reorganisation
Administrative Law Health Law Judicial Review Consultation Requirements Equality Act 2010 Health Service Reorganisation

Case Brief

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Parties

Anthony John Flatley

Claimant

Welsh Ministers

Defendant

Hywel Dda University Health Board

Interested Party

Procedural Posture

Judicial Review / Permission Hearing

Legal Issues

  1. 1 Whether the Welsh Ministers misunderstood the Community Health Council's position, amounting to an error of fact and law
  2. 2 Whether the Welsh Ministers failed to have due regard to equality impacts under section 149 of the Equality Act 2010
  3. 3 Whether the Welsh Ministers lawfully addressed consultation issues under the relevant regulations

Ratio Decidendi

The grounds alleging error of fact and failure to consider equality impacts were unarguable; the grounds relating to consultation and the Minister's discretion were arguable and raised issues of public interest, warranting permission to proceed.

Court Disposition

Permission granted in part; claim proceeds on consultation grounds only.

Orders

  • Permission to proceed refused on Grounds C and E (error of fact and equality impact).
  • Permission to proceed granted on Grounds A, B and D (consultation issues).