3.21R (Morris) v Trafford Healthcare NHS Trust [2006] EWHC 2334 (Admin), (2006) 9 CCLR 648
Although a consultation process resulting in the closure of in-patient wards had been unlawful, the court refused to grant relief in a case where the public authority proposed to re-consult
Facts: Trafford decided to close inpatient wards at a local hospital.
Judgment: Hodge J quashed the decision because Trafford had not undertaken prior consultation, as required by section 11 of the Health and Social Care Act 2001. However, the court did not grant a mandatory order requiring Trafford to re-open the wards, in the light of an assurance from Trafford that it would very shortly undertake public consultation, which might lead to their re-opening.
Comment: section 11 of the Health and Social Care Act 2001 has been repealed; now, see section 242 of the National Health Service Act 2006 (and see above, ‘Health care strategy and policy materials’ at para
2.13).