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Consultation

January 30th, 2020 by James Goudie KC

There was a duty to consult only on options which represented genuine, i.e. realistic and viable, proposals for change.  The status quo, referred to in the public documents produced at different stages of the consultation process, a status quo of which the local public were well aware, did not have to be part of the consultation. If it were felt that insufficient information had been made available then more could have been requested. So held by the Court of Appeal in R (Nettleship) v NHS South Tyneside CCG (2020) EWCA Civ 46 at paragraphs 59/60 and 63-65 inclusive.

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