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The defendant NHS Trust had breached s 242(1B)(b) and (c) of the National Health Service Act 2006 by failing to make arrangements which had secured that service users had been involved: (i) in the development and consideration of the proposals for the designation of the hospital as a ‘Green site’ (namely that there would be no Covid-19 related treatment on the site); and (ii) in the making of the decision itself. The Administrative Court, in allowing the claim in part and in construing the relevant section of the Act, held that, ultimately, the question was whether the arrangements, looked at as a whole, had secured the opportunity for meaningful involvement or participation in the specified matters, and that the relevant duty contemplated service user involvement before the event, and at the formative stage. The court held that, on the facts, it was just and convenient to grant the claimant service user declaratory relief.

United statesCity ofUnited kingdomBokrosovav lambethUrgent treatment centreServices unionAdministrative courtMoseleyv haringey london borough councilDevon county councilNational health serviceDorset clinical commissioning groupCabinet officeSunderland clinical commissioning groupAdministrative court londonParish councilv south oxfordshire district councilQueen bench division