Public sector union Unison has won the right to seek a judicial review on the consultation over plans for changes to the NHS in England, it says.
The coalition wants to give GPs control of the budget with local trusts which manage the money now being abolished.
Unison says the plans were not in the parties’ election manifestos.
It says the public has a legal right to be consulted. The government said it had not yet had confirmation of the decision from the courts.
The plans for radical changes to the health service were published in a white paper in July.
The abolition of primary care trusts came as a surprise to many within the health service as the coalition programme for government had envisaged a continuing role for the NHS organisations.
The union wants the consultation to include whether the changes should happen, and not just how they can be made to work.
Karen Jennings, the head of health at Unison said “These drastic changes to the NHS were not in any manifesto – the public did not vote for them.
“They don’t come from a desire to do the best for patients, but from the government’s ideological standpoint that the market knows best.”
The coalition government has argued that the changes will give doctors and nurses a far greater say in the running of the NHS.
GPs will have to organise themselves into groups of practices which will take on the legal responsibility for planning and buying most healthcare for their local community.
Some highly specialised care will be commissioned at a national level by the independent NHS board which is also due to be created.
A date for a hearing at the High Court has yet to be set, but it could happen before the draft legislation is presented to parliament later this year.
The hearing will focus on the consultation process, rather than the substance of the government’s plans.
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