ABSTRACT

The United Kingdom is committed under international law to the promotion of its citizens' health and the prevention of disease. In exercising functions in relation to the health service, the Secretary of State must have regard to the need to reduce inequalities between the people of England with respect to the benefits that they can obtain from the health service. The Secretary of State for Health has ultimate responsibility for ensuring the whole system works together to meet the needs of patients and the public and reflect their experiences. The National Health Service (NHS), established in 1946, provides a comprehensive health care system which is free at the point of delivery. The chapter looks at judicial review cases where patients have challenged the health care decisions within the NHS. It considers how a patient might be successful within the legal confines of a judicial review action.