How has the NHS been changed by the Health and Social Care Act 2012?

Sun, 28 Jul 2013


The recent publication of the Keogh review into 14 hospital trusts revealed a shocking number of death rates. The NHS is always guaranteed to raise passions and this recent review has led to unprecedented heated debates in the House of Commons as to who is to blame. Some disturbing findings revealed a spate of stillbirths, and raised some serious concerns about the whole way the trusts are being run.  

David Lock QC recently gave an extensive lecture looking at the big themes in healthcare law in order to understand how the legal structure of the NHS has changed as a result of the passing, and the almost complete implementation, of the Health and Social Care Act 2012. An examination of this Act will be very important moving forward as the performance and future of the NHS is hotly debated. 

Pages 1-13  of the lecture explores the broad legal structure of the NHS as inherited by the Coalition government when it came to power in May 2010. 

Pages 14-23 examines the new approach taken by the Coalition government to reconfiguration of NHS Services, especially with the four new tests introduced. Also, the abolishing of Strategic Health Authorities and the move to GP Commissioners, the transfer of health functions from NHS bodies to local authorities. 

Pages 24-30 concludes the lecture by discussing the changes to the internal market arrangements within the NHS as set out in Part 3 of the 2012 Act.  

David recently acted on behalf of the Save Lewisham Hospital Campaign in a judicial review action against the Secretary of State, a case about which services should be provided for NHS patients by Lewisham NHS Trust. This important case on reconfiguration of services was heard by Mr Justice Silber on 2, 3 and 4 July 2013. Judgment remains outstanding. 

Please click here for the full text of the lecture

To view David Lock QC profile, please click here 

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