R (Flatley) v Hywel Dda University Local Health Board; R (Flatley) v The Welsh Ministers; R (Donohoe) v The Welsh Ministers

The Administrative Court has dismissed three judicial review challenges to decisions concerning NHS reorganisation in Wales.

The first claimant challenged a decision taken by Hywel Dda University Local Health Board in relation to urgent care services at Prince Philip Hospital in Llanelli, and the subsequent decision taken by the Minister after the matter had been referred to him for a final decision.

The second claimant challenged the Minister’s decision on the referral of the Health Board’s decision in relation to neonatal services at Withybush Hospital in Haverfordwest.

The claimants argued in both cases that the Health Board had failed to carry out a lawful consultation on its proposals, had acted in breach of a legitimate expectation as to the composition of the board tasked with implementing its decisions, and had failed to discharge the public sector equality duty. They further argued that the Minister had acted unlawfully in failing to take into account the alleged deficiencies in the Health Board’s decision-making process, which were said to infect the Minister’s subsequent decisions.

Hickinbottom J rejected all of the claimants’ arguments.

The challenge to the Health Board’s decision was academic since it had been superseded by the Minister’s decision. In any event, there was no flaw in the Health Board’s consultation process, it had not created any legitimate expectation, and it was entitled to conclude that it would be possible to develop the service delivery models so as to ensure that there was no disproportionate adverse effect on any protected group.

Further, in reaching his final decision on the Health Board’s proposals for change, the Minister had not been bound to make a determination on the lawfulness of the Health Board’s decision, and had not failed to appreciate that he had a discretion to take into account the Health Board’s decision-making process.

The judgment is available at:
http://www.bailii.org/ew/cases/EWHC/Admin/2014/2258.html

Monica Carss-Frisk QC and Iain Steele acted for the Health Board.