R (Royal Brompton and Harefield NHS Foundation Trust) v Joint Committee of Primary Care Trusts & Another

The Court of Appeal has ruled as lawful the major consultations that led to the proposals by the Joint Committee of Primary Care Trusts (JCPCT) to close the children’s heart surgery unit at the Royal Brompton Hospital. The JCPCT’s consultation process was part of a national review aimed at streamlining paediatric congenital cardiac surgery services. 

The Court of Appeal stressed that the Administrative Court should be slow to intervene in a continuing consultation process, and overturned the Judge’s decision that the consultation had been unfair.

Dinah Rose QC acted for the JCPCT, the successful Appellant, leading Marina Wheeler of 1 Crown Office Row, and instructed by Capsticks.