Personal Injury, Serious Injury & Clinical Negligence

Health and Social Care update: Judicial Review cases to start in Bristol

The Administrative Court will start hearing Judicial Review High Court cases at the Bristol Civil Justice Centre from Monday 5 November 2012.

The Administrative Court deals with challenges by judicial review to decisions by public bodies such as local authorities, NHS bodies, Government departments and regulatory bodies. Cases will be heard at the Bristol Centre by both High Court Judges and Deputy High Court Judges.

Mr Justice Beatson, Queen’s Bench Liaison Judge for the Midlands, Wales and Western Circuit, said:

“This is the latest step in the devolution of the administration of justice outside of London and means that the Administrative Court is now operating across all the circuits in England and Wales. It is appropriate that people should be able to have their Administrative claims dealt with in their own region and doesn’t prejudice those who don’t live or work on London and the South East.”

The news coincides with the introduction of Clarke Willmott’s Health and Social Care service which is able to offer advice and assistance in relation to the following:

  • Judicial reviews of decisions made by NHS bodies and Local Authorities in respect of the provision of health and social care
  • Assessments and care planning for social care
  • Personalisation and individual health and social care budgets
  • Charging for care and accommodation
  • Carers rights
  • Safeguarding vulnerable adults
  • Disputes about providing and withholding life saving medical treatment
  • Exceptional funding for NHS treatment
  • Deprivation of Liberty
  • NHS continuing healthcare
  • Mental health and learning disability

The financial constrains placed on Local Authorities and the NHS have led to an increase in the number of applications for Judicial Review being brought in respect of health and social care. The forthcoming NHS reforms, the abolition of Primary Care Trusts in April 2013 (which are to be replaced by GP led Clinical Commissioning Groups) and the planned reforms to social care may lead to yet further litigation.

If you require advice in relation to a potential judicial review in respect of the provision of health and social care or on any of other areas listed above please contact John Boyle.