Flatley, R (On the Application Of) v Hywel Dda University Health Board
2014
ADMINISTRATIVE COURT
UK
CORAM
- MR JUSTICE HICKINBOTTOM
Areas of Law
- Administrative Law
- Health Law
- Human Rights Law
2014
ADMINISTRATIVE COURT
UK
CORAM
AI Generated Summary
The case centers on a challenge to the Welsh Ministers' decision to replace the A&E Department at Prince Phillip Hospital with a model led by Emergency Nurse Practitioners and supported by General Practitioners. The Claimant argues this decision was based on a misunderstanding and failed to consider equality impacts. The court found no misunderstanding or equality impact breach but allowed the case to proceed on consultation grounds, with a substantive hearing to follow.
Judgment
Mr Justice Hickinbottom:
Introduction
This claim concerns urgent healthcare facilities provided at the Prince Phillip Hospital, Llanelli (“the Hospital”). The Defendants (“the Welsh Ministers”) are responsible for health services in Wales. The Interested Party Local Health Board (“the LHB”) is responsible for overseeing the provision of health services throughout Carmarthenshire, Ceredigion and Pembrokeshire, including services at the Hospital. The Claimant is a regular user of the Hospital, and the Secretary of an association called Save Our Services Prince Philip Action Network (“SOSPPAN”). There is another body important to this claim, namely the Hywel Dda Community Health Council (“the CHC”), which has a statutory mandate to protect the health care interests of the community served by the LHB in what is a watchdog role. Amongst other things, the LHB has a duty to consult the CHC when considering significant issues relating to health reorganisation in the area; and, in certain circumstances, the CHC can refer proposals of the LHB to the Defendants for review.
By way of this claim, the Claimant seeks to challenge the Welsh Ministers’ decision dated 24 September 2013 to replace the Accident and Emergency (“A&E”) Department at the Hospital with an Emergency Nurse Practitioner (“ENP”) led and General Practitioner (“GP”) supported model (“the ENP+GP model”). That decision was taken following a statutory review by the Defendants of LHB proposals, triggered by a CHC referral.
Factual and Procedural Background
Following the transfer of health service functions from the Westminster Government to the National Assembly and thence to the Welsh Ministers, and in exercise of its functions under sections 11 and 12 of the National Health Service (Wales) Act 2006 , since 2010 the LHB has been considering options for the re-organisation of public health services in its area. Although, as I understand it, the LHB is further along the path, other Local Health Boards throughout Wales are engaged in a similar process.
Following a pre-consultation exercise, in August 2012 the LHB began a formal public consultation based upon a document, “Your Health, Your Future: Consulting Our Communities”. This identified two options for consultation with regard to the A&E facility at the Hospital to replace the traditional service, namely Option A and Option B. Under each, the Hospital would provide a nurse-led local accident centre for minor accidents, but under Option B i