Independent Health and Care Providers (NI) Application
| Jurisdiction | Northern Ireland |
| Judge | Treacy J |
| Judgment Date | 07 March 2013 |
| Neutral Citation | [2013] NIQB 29 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 07 March 2013 |
| Year | 2013 |
1
Neutral Citation No: [2013] NIQB 29
Ref:
TRE8795
Judgment: approved by the Court for handing down
Delivered:
7/3/13
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
QUEEN’S BENCH DIVISION
(JUDICIAL REVIEW)
Independent Health and Care Providers (NI) Application [2013] NIQB 29
IN THE MATTER OF AN APPLICATION BY INDEPENDENT HEALTH
AND CARE PROVIDERS (NI) FOR JUDICIAL REVIEW
AND
IN THE MATTER OF A DECISION OF THE HEALTH AND SOCIAL
CARE BOARD
___________
TREACY J
[1] The applicant is a limited company which represents the interests of a
proportion of the health and social care providers in Northern Ireland. The
applicant seeks relief in respect of a decision taken by the Health and Social
Care Board (“the Board”) in setting the “regional rate” for residential care and
nursing home placements for the year 2012/13.
[2] The grounds of challenge can be summarized as follows:
(a) Failure to comply with, justify departure from or properly take
account of, the terms of Departmental Circular ECCU 1/2010
(the Guidance argument);
(b) Failure to take account of the potential effect of the decision on
Article 8 rights (the Convention argument); and
(c) Failure to adequately consult the applicant (the consultation
argument)
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3 cases
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The Department of Justice v Bell (Patricia) and Police Ombudsman for Northern Ireland
...at 439A-B, Hooper v Secretary of State for Work and Pensions [2002] EWHC 191 (Admin) at paragraph 100, Re Independent Care Home Providers [2013] NIQB 29, Nottinghamshire County Council v Secretary of State for the Environment[1986] AC 240 HL R v Secretary of State for the Environment ex par......
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The General Council of the Bar of Northern Ireland and the Council of the Law Society of Northern Ireland
...or applicants who have mounted the challenge. [205] In this jurisdiction in the recent case of Re Independent Care Home Providers [2013] NIQB 29 Treacy J made a number of general observations which have a resonance for a case of this type and are worthy of citation. He said: “[3] The applic......
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Bell's (Patricia) Application
...was concerned Mr Coll drew the attention of the court to what had been said by Treacy J in the case of Re Independent Care Home Providers [2013] NIQB 29 where at paragraphs [3]-[7] he set forth a number of useful propositions under the heading “General Observations”. These were as follows: ......