Public law

“The firm is professional and has very experienced expert lawyers. They provide very timely information and can be reached 24/7, and offer instant access to comprehensive advice.”

Chambers UK A Client's Guide to the Legal Profession 2016
Blake Morgan's dedicated Public Law team provides expert advice to public sector clients on a wide variety of legal issues.

Main areas of practice

Our specialist public law solicitors have a national reputation for advising central government departments, local government, national regulators, NHS clients, listed companies, small and medium enterprises, not-for-profit sector clients and other public and private bodies. 

Areas of law in which we provide specialist advice include:

Statutory powers  Lawful decision making processes EU law
Investigations Information sharing  Judicial review 
Regulation and regulatory law Consultation Human rights 
Mental health  Governance and information governance  Competition law
Welsh legal services  Procurement  Health and safety
Inquiries  Environmental law   

Clients

Our highly regarded Public Law team provides advice to numerous local authorities, regulators, Universities, all Local Health Board’s and NHS Trusts in Wales, NHS clients in England, Fire and Rescue and Police authorities and the Welsh Government.

Other clients include:

  • Human Fertilisation and Embryology Authority
  • The Public Services Ombudsman for Wales
  • Human Tissue Authority
  • Equality and Human Rights Commission
  • Welsh Language Commissioner;
  • Nursing and Midwifery Council
  • Care Quality Commission
  • Children’s Commissioner for Wales
  • Older People’s Commissioner for Wales
  • Institute for Learning
  • General Teaching Council for Wales

Significant experience 

A few examples of the many ways in which how our experienced public law experts have helped clients include:

  • Acting for the South West Strategic Health Authority and one of its Primary Care Trusts, South Gloucestershire, in what has become a leading judicial review case on consultation within the NHS.
  • Reviewing and advising on “Inclusive Policy Making“ (the Welsh Government’s form of Equality Impact Assessment).
  • Providing advice on the application of European State aid rules in relation to the disposal of land.
  • Advising an NHS Trust on the terms of the hosting arrangements with and governance requirements for Welsh Government regarding the formation of Wales NHS Informatics Systems.
  • Acting for the 7 Health Boards in Wales to successfully defeat a challenge to their interpretation of section 49 Health and Social Care Act 2001 brought by 11 care home providers, supported by 21 local authorities in Wales. The Court of Appeal agreed that Health Boards are responsible only for the cost of nursing care, rather than personal or social care which might, on occasions, be delivered by a Registered Nurse. The decision has saved the NHS in England and Wales an estimated £250 million per annum. R(Forge Care Homes) v Cardiff and Vale University Health Board [2016] EWCA Civ 26
  • Successfully acting for NHS England in the first case to consider the NHS (Competition, Procurement and Patient Choice) No 2 Regulations 2013. The case concerned an application for Judicial Review of a decision by NHS England not to contract with a provider for an interim period pending a national review and procurement of the service in question. Damages were also claimed under the Human Rights Act 1998. R (on the application of) v National Health Service Commissioning Board and another [2015] EWHC 3752
  • Providing advice to the Human Fertilisation and Embryology Authority on the implications of rights arising under EU Law relating to obtaining medical treatment services in other member states, and on the Authority's powers relating to export and import of gametes and embryos.
  • Advising an Emergency Services Authority on ultra vires issues in the context of a private finance initiative.
  • A significant formal consultation process on behalf of a local health board relating to the restructuring of its mental health service, including relocation of acute mental health services.
  • Judicial review proceedings on behalf of the Welsh Language Commissioner challenging a decision of National Savings and Investments to withdraw its Welsh language scheme.

“On the local government side, the firm is appointed to advise the South West Wales framework and Cardiff County Council.”

The Legal 500 UK 2014

“The team won a place on the UK-wide framework for regulatory work for the NHSLA and the Department of Health. ”

The Legal 500 UK 2014

Related expertise

Main contacts

Related Knowledge & Resources

Blake Morgan succeeds in tender to provide legal services to North West Legal Consortium

Press Release

Public sector specialists at Blake Morgan have been successful in a competitive tender process to provide legal services to the North West Legal Consortium.

Court of Appeal finds for the NHS in Blake Morgan Welsh Care Home Sector case

News

Allan Wilson, Partner and Hannah James, Senior Solicitor of Blake Morgan, with Counsel Fenella Morris QC and Benjamin Tankel of 39 Essex Street Chambers, successfully defend the NHS in Wales from a multi-million pound challenge by care home providers

QSRC LTD (‘QSRC’), Regina (on the Application of) -V- National health service Commissioning Board (‘NHS England’) and another

News

Judgment was handed down on Monday 21 December in the first case to consider the NHS (Competition, Procurement and Patient Choice) No 2 Regulations 2013, and in which case Blake Morgan acted for the defendant, NHS England.

Blake Morgan's employment team welcome protection for NHS whistleblowers

NHS whistleblowers will be entitled to compensation if they are stopped from getting new jobs in the health service because of their disclosures.

Commissioning for integrated health and social care report

As part of Lawyers in Local Government (LGG) conference in Blackpool, Blake Morgan hosted a round-table concentrating on commissioning for integrated health and social care.

Developing Equality?

This briefing summarises challenges by way of judicial review relating to decision – making and policy formulation where the challenge has included an alleged failure by the public body to comply with its duty under the Equality Act 2010.