About 250,000 health workers could be affected by the plans

Ministers are planning a shake-up in local health bodies in 2008 which could allow private firms to provide services such as district nursing and chiropody.

But the Royal College of Nursing is seeking a judicial review of the move, as the government failed to consult before announcing the policy in July.

The government said it was disappointed and was planning to consult soon.

The government's reforms, Commissioning a Patient-led NHS, have been controversial ever since they were announced during the summer recess of parliament.

Last week Health Secretary Patricia Hewitt came under fire in the House of Commons for failing to announce the policy to parliament.

A judicial review is not something we take lightly Beverly Malone, of the RCN

The Health Select Committee has also announced it is to carry out an investigation into the proposals, which include stripping local health bodies known as primary care trusts, of much of their role in providing services.

There are over 300 PCTs in England which control three-quarters of NHS budget and provide a range of non-hospital-related NHS services.

The plans have proved controversial because they pave the way for private firms to get involved in providing community NHS services.

But the challenge by the RCN, an unusual move for a non-political organisation, represents the most serious challenge to the government's plans.

Policy

The RCN is seeking the judicial review on the grounds that the government did not consult on the policy before announcing it.

Although the RCN acknowledges it opposes the proposals, which could affect up to 250,000 health staff including district nurses.

RCN general secretary Beverly Malone said: "A judicial review is not something we take lightly. The RCN is not against reform and never has been.

"However, we believe the government has to undertake a genuine consultation of their proposed reforms."

And she added there was a "great deal of anxiety" among the nursing profession about the proposals.

NHS managers are also expected to have their say on the reforms when they quiz Health Minister Lord Warner at a conference in London on Tuesday organised by the NHS Confederation.

A Department of Health spokesman said the government was "disappointed that the RCN has chosen to take this unusual step".

And he added NHS staff would get a chance to have their say later on in the process.

"Any changes to either the organisation or function of primary care trusts will be subject to full local consultation, as we have made clear."