NHS must consult over service changes, judge rules

22 Jun 06
The Department of Health cannot legally change the way NHS services are provided without first consulting the affected local population, a high court judge has ruled.

23 June 2006

The Department of Health cannot legally change the way NHS services are provided without first consulting the affected local population, a high court judge has ruled.

The judgment reinforces the statutory duty of NHS organisations to consult patients and the public – outlined in Section 11 of the 2001 Health and Social Care Act – at a time when the future of the existing Patient and Public Involvement forums are in doubt.

Commenting on the judgment, Sharon Grant, chair of the outgoing Commission for Patient and Public Involvement in Health, asked: 'How does the NHS ensure the future of effective consultation… when one of the mechanisms – PPI forums – have a huge question mark hanging over their future?'

The case was brought to court by Pam Smith – a North East Derbyshire resident – to overturn her local primary care trust's decision to outsource local GP provision to the US-based United Health Group without public consultation.

Although the judge dismissed the case on the basis that Smith should have taken her complaint to her local PPI forum first, he rejected the PCT and DoH's defence that consultation in such cases was not necessary.

In his judgment, Justice Collins said: 'Where there is doubt whether [section 11] can apply, the PCT would be sensible to assume that it does, since it can in most cases easily be met through the Patients' Forum.'

A spokeswoman for the Department of Health said: 'Although the court decided that the duty to consult did apply, it also stressed that there is no evidence that the tender process… was other than fair.'

She added: 'We will shortly announce steps to give people a stronger voice at all levels in the health service.'

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