Priority setting: legal considerations
Judicial review continues to grow in significance, with public authorities of all types now regulating themselves so as to comply with it. Twenty years ago, the courts often deferred to the expertise of public authority decision makers but today things are different. Public authorities may have to account for their actions at judicial review and can be required to revisit their decisions.
In the NHS, this is important in deciding which services the NHS can afford to commission and also with respect to individual funding requests. Reasonable priority setting should be central to primary care trust (PCT) corporate governance. Key individuals within PCTs should have some knowledge of judicial review to act as advisors, as well as maintaining good relationships with solicitors who specialise in this field. This is a complex and developing area of law and this report is not a comprehensive guide; PCTs must always refer specific issues to their own legal team.
This report will consider the following:
- what is judicial review
- the duties of the Secretary of State for Health and PCTs
- the role of the National Institute for Health and Clinical Excellence
- prescribing rights in primary care
- European Union law and human rights law.
It also covers judicial review proceedings and provides some tips on working with lawyers.
