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3 RESIT- SUMMATIVE
Assessment task: Summative related to a legal problem
Method of Submission: Turnitin
Word count or equivalent: 1,500 words excluding footnotes
submission must cover 8 separate ‘topics’. Marks will be awarded for each of
1. Introduction – 10 marks
2. Why JR is appropriate in this case? 10 marks
3. Does Health Action Group and Henry have the right to
claim, and if so, why? 15 marks
4. Any policy reasons to refuse JR in this case? 10 marks
5. An explanation of basic JR procedure – 10 marks
6. Grounds for JR in this case – 25 marks
7. JR remedies – what are they? Which one is appropriate
here? – 10 marks
8. What are the chances of success of this claim? 10 marks
Assume that the
Health Services Act 2017 empowers health authorities and NHS Trusts to offer
revolutionary new treatment to elderly people suffering from life threatening
illnesses. The Act further provides that
any decision of a local health authority or NHS Trust shall be final.
Henry is sixty-six
years old and suffers from lung cancer.
He has been told by his doctors that he is an ideal candidate for a new
treatment regime and that this would give him a life expectancy of up to ten
years. He is upset when Boldwood NHS
Trust refuses to authorise the treatment.
In a letter explaining the decision, Boldwood NHS Trust says that it has
been swamped by similar requests and that, for financial reasons, it is
carefully screening applicants. The letter also explains that the decision was
reached on the basis that Henry is a prominent supporter of the National Front
(a far-right extremist political party in the UK), and that Boldwood NHS Trust
did not want to provide treatment to him as it might be seen
as providing implicit support for this political organisation.
Henry takes the
letter to the Health Action Group, a well-established charity seeking to
provide support and guidance for those with serious health problems. They are very concerned that this decision
could have adverse consequences for their members if other local health
authorities and NHS trusts adopt the same policy, namely to screen patients
based on their political views.
Advise Henry and Health
Action Group as to whether and if so on what basis they can challenge the
decision of Boldwood NHS Trust and as to their chances of success.