Unison takes legal action over NHS white paper

24 Aug 10
Unison today launched a legal challenge against government proposals to reform the health service
By Lucy Phillips

24 August 2010

Unison today launched a legal challenge against government proposals to reform the health service.

The public service union claims that ministers failed to consult the public over changes outlined in July’s health white paper, Equity and excellence: liberating the NHS.

The union alleges that NHS chief executive David Nicholson ‘unlawfully’ wrote to all health service chief executives the day after the document was published instructing them to start implementing the proposals ‘immediately’ – before the public had had a chance to scrutinise them.  

Prompted by the union’s concerns, Nicholson then wrote another letter to NHS chief executives reminding them not introduce any reforms until the end of the official public consultation period on October 5. But he also said that the consultation was only over how the changes should be implemented and not on whether they should be introduced at all, further angering the union.

Unison head of health Karen Jennings said: ‘The white paper contains sweeping changes to the NHS and how it should be run. The NHS Constitution enshrines the principle that the public, staff and unions have an absolute right to be consulted. And that means not only on how the proposals are to be implemented, but also on whether they should go ahead in the first place.

‘The Department of Health’s refusal to recognise this clear and important legal duty leaves us no option but to issue legal proceedings as a matter of urgency.’

Shake-ups to the NHS in England included in the white paper include: giving GPs greater financial controls; abolishing strategic health authorities and primary care trusts; creating an independent NHS board; and turning hospitals into social enterprises.

A spokesperson for the DoH said its consultation was lawful and that the government would be defending the challenge by Unison.

‘Through the proposed changes, healthcare professionals and patients will have more power to shape, lead and deliver local healthcare services, away from the control of central government,’ the spokesperson added.

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