Unison launches judicial review of NHS reform

Public service union Unison has applied for judicial review, claiming the government is failing to consult properly about its radical proposals for reform of the NHS.

The union claims that health secretary Andrew Lansley's White Paper published in July, which would give GPs much greater control over services, amounted to the most fundamental changes to the way the NHS operated since it was created.

A spokeswoman for Unison said that the day after the White Paper was published NHS chief executive Sir David Nicholson wrote to all NHS chief executives asking them to start implementing the proposals immediately.

In its application for judicial review, lodged at the High Court earlier this week, Unison argued that the NHS constitution gave the public the right to be consulted and the partnership agreement between the Department of Health and unions provided for early discussion and dialogue.

The union further argued that there was a 'legitimate expectation' that the proposals would be subject to consultation and section 242 of the NHS Act put all NHS bodies under a duty to consult.

A spokeswoman for the NHS said: 'The government is engaging fully with the public, healthcare professionals, local authorities and unions on how its proposals will be implemented.

'The government has already launched public consultations, on specific elements of the White Paper, and further documents will be published this year.

'NHS chief executive, David Nicholson, has written to encourage the NHS to begin locally led consultations and take first steps on the implementation of the White Paper, without pre-empting the wider consultation.'

Leigh Day & Co is acting for Unison.