12 Feb 2011

Lee Day Solicitors - Fluoridation judicial review decision published

Fluoridation judicial review decision published
11 February 2011
Recent Developments
There have been a number of important developments since the SCSHA’s decision of 26th February 2009, the decision being challenged in these legal proceedings, to fluoridate the drinking water.

First of all, as set out in the Department of Health’s white paper entitled “Equity and Excellence: Liberating the NHS” dated July 2010 and subsequently in the Health and Social Care Bill currently being considered by Parliament, the Government is proposing to abolish SHAs in 2012 / 2013, with their functions being transferred to other organisations within the NHS or local authorities.

Secondly, in a consultation entitled “Healthy Lives, Health People – Consultation on the Funding and Commissioning Routes For Public Health” dated 21st December 2010, the Department of Health is now proposing for decisions on fluoridation to be taken by local authorities and that “consultations of proposals for new schemes will be conducted by local authorities using a majority rule where a scheme covers more than one local authority area” (Table A and para 3.22).

It therefore seems that the Government is now moving towards a system along the lines originally envisaged, that would require the local population to be in favour before a decision to fluoridate was made.

Responding to the judgment, Geraldine Milner stated:

“I am obviously disappointed. This is a grim day for justice for the people of Southampton. I am speaking with my legal team with regard to an appeal and sincerely hope to continue the fight.”

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