Q&As

How can you challenge a National Health Service (NHS) policy?

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Published on LexisPSL on 12/02/2018

The following Public Law Q&A provides comprehensive and up to date legal information covering:

  • How can you challenge a National Health Service (NHS) policy?
  • Challenging the decision of a public authority
  • Example of challenges

Challenging the decision of a public authority

We were not clear as to the type of policy to be challenged, therefore, we have assumed that this Q&A is referring to a specific policy issued by the National Heath Service (NHS) for service provision rather than a commercial policy.

In deciding to challenge the decision of a public authority, a judicial review can be sought. This is the process by which the courts exercise a supervisory jurisdiction over the exercise of public functions by public bodies. In deciding to bring proceedings, it should be considered that:

  1. judicial review only lies against public bodies when carrying out public functions

  2. a claim for judicial review may only be brought by a claimant with a sufficient interest in the matter

  3. only certain types of relief are available in judicial review proceedings (namely, a mandatory order, a prohibiting order, a quashing order, an injunction, a declaration and, but only in some circumstances, damages

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