Claimants beware of commencing judicial review proceedings where the NHS complaints procedure has not been used

Mills & Reeve acted for a CCG client in a judicial review challenge to the adequacy of a home package of continuing care. The claimant was denied their costs, despite a decision by the CCG to substantially increase the level of care after proceedings were issued. Central to the judge’s decision to make no order as to costs was the CCG’s submission that judicial review was a remedy of last resort, and that the claimant had failed to seek to resolve the matter through the formal NHS Complaints Procedure before applying for judicial review. 

A more detailed analysis of the case is available to read on Landmark Chambers healthcare law blog.

David Lock QC of Landmark Chambers was instructed to act for the CCG by Samuel Lindsay of Mills & Reeve.

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