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Forum to assist all patients to obtain NHS care 'free at the point of need' which has been the statutory right of every resident British citizen since the 1946 National Health Service Act became law.


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Understanding Public Law

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starlightblue

Understanding Public Law

Post by starlightblue on Thu 1 Dec 2011 - 10:33

I found this useful - it covers all aspects of public law so does spill over into NHS stuff too.

http://www.publiclawproject.org.uk/index.html

Also, the downloadable public law information leaflet sets things out nicely.

http://www.publiclawproject.org.uk/downloads/HowPubLawHelpMe.pdf


starlightblue

Re: Understanding Public Law

Post by starlightblue on Thu 1 Dec 2011 - 10:36

In fact - the more I read the downloadable leaflet, the more little nuggets I discover that are worth including in letters etc...

Example -

Section 7 - Lawful Decidion Making

One such public law principle concerns the situation where the relevant legislation allows the use of discretion by the public body but the action or decision it then takes violates the principles which govern the proper exercise of discretionary powers. Examples might include:‘fettering of discretion’, either by applying a rigid set of rules or criteria (rather can considering each case individually), or by the decision-maker allowing itself to be dictated to by another authority;




woolwich819

Public Law

Post by woolwich819 on Thu 1 Dec 2011 - 11:11

For what it's worth, when I issued a claim at the County Court following some, somewhat ill-informed advice, the response of the solicitors appointed by the relevent PCT was "not public law"; then, I was informed by 'my' solicitor that they were wrong. The 'long and the short of it' is, as mentioned before, the prospect of paying over 15k for the other sides fees/costs were I to lose, was a significant reason why I discontinued the proposed action. I think that the arena that the PCT and Social Services now threaten people is the Court of Protection. Following VM's post a few days ago, this appears to give them 'carte blanche' to overide Coughlan, and determine their own version of 'best interests'. The judge of the day appeared to side with the Official Solicitor - no surprise there, in accepting that arguements over the 'legality' of any PCT/social services decisions, was for 'another court'.
My best guess, as said before, is that if a 'patient' is in 'care' and are receiving just that paltry £20 per week as the rest of their income is used to pay 'fees', then it should be the case that they are entitled to legal aid to fight the PCT's decision. Hope this helps ! 819.

mergymraeg100

Re: Understanding Public Law

Post by mergymraeg100 on Tue 6 Dec 2011 - 16:11

Understanding Public Law...thank you for the links SB....persons on the forum have mentioned JR in their posts...I now know what they are writing about....thank you... lot's of useful information...
MG pale



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