The Health for All Act 2021 (fictitious) gives powers to the Chief Executive of all local area health authorities ‘to approve requests for exceptionally serious operations of residents when he or she thinks fit’. Marge, the Chief Executive of Arden Area Health Authority (the Authority) feels that she is too busy to deal with applications and delegates the power to make such decisions to a committee. The Authority has developed a policy which ranks potential applicants in priority. At the top of the priority list are children suffering from rare forms of cancer, old age pensioners with advanced stages of dementia, and childless couples seeking to conceive a baby. Moe was born a man but feels that he is a woman trapped in a man’s body. He makes an application to the Authority to have gender reassignment surgery. His application is refused. When Moe writes to the Authority asking for a reason for the decision, the reply that Moe receives states that ‘there is no reason’. Members of the committee that made the decision were influenced by the teachings of a religious leader who claims that men who wish to have gender reassignment surgery are ‘possessed by the devil’. Advise Moe as to whether he can challenge the decision of the Authority through judicial review. Your answer should consider judicial review procedure, grounds for judicial review, and remedies under judicial review. Your answer should be supported with reference to appropriate case law and statutes.
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