UNISON claims “unlawful” reform

The government’s White Paper, Equity and Excellence: Liberating the NHS, proposes sweeping changes to the structure and administration of the NHS.

UNISON says NHS chief executives were instructed by Sir David Nicholson, the overall head of the NHS, to start implementing the proposals “immediately”. UNISON wrote to Sir David, claiming this was unlawful.

According to UNISON, Sir David then said he would instruct the chief executives to take no steps until the public had considered the reforms. However, he said the consultation would be restricted to how, not whether, the proposals should be implemented.

If a judicial review is granted, UNISON will argue the government acted unlawfully because: the NHS Constitution gives the public the right to be consulted; s 242 of the NHS Act places a legal duty on all NHS bodies to consult on proposed changes to their services; and the partnership agreement between the Department of Health, NHS employers and NHS trade unions expressly commits the secretary of state to early discussion and dialogue on NHS policy and priorities.

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