TCI Comment
Many people will admire the tenacity of campaigners fighting to retain local hospital services, and this story from South Tyneside is the latest attempt to seek to overturn High Court rulings in favour of the NHS.
There may, however, be a need to temper their enthusiasm with a dose of reality. The truth is that it has been many years since the Court of Appeal found in favour of objectors in hospital reconfiguration cases. Campaigners against the downgrading of Horton Hospital, Banbury lost their appeal in April, and last month, Defend Dorset NHS got absolutely nowhere with its own appeal. Having studied the decisive judgment in the South Tyneside case, it is hard to see any basis for questioning the process undertaken by the NHS, so we will watch the progress of the appeal with some curiosity.
Article
The Save South Tyneside Hospital Campaign Group has concerns regarding NHS Sunderland CCG and NHS South Tyneside CCG’s decision to move maternity, women’s healthcare, paediatric and stroke services away from the hospital.
Campaigners battling to stop the closure of services at South Tyneside Hospital have been given a lifeline in their legal challenge after they were granted permission to appeal the outcome of a judicial review. The Save South Tyneside Hospital Campaign Group has concerns regarding NHS Sunderland CCG and NHS South Tyneside CCG’s decision to move maternity, women’s healthcare, paediatric and stroke services away from the hospital.
The campaign group instructed Irwin Mitchell’s Public Law team to help challenge the decision. While this led to the group gaining permission for a judicial review at the end of last year, the hearing did not lead to a rethink of the proposals.
However, the campaigners and legal experts have now been granted permission from the Court of Appeal to appeal the outcome of the judicial review and once again take their concerns about the closure of the hospital services to Court.
Helen Smith, the specialist public lawyer at Irwin Mitchell’s Newcastle office who is representing the Save South Tyneside Hospital Campaign Group, said: “Despite the conclusion of the judicial review, we have always remained concerned by the processes used to make this decision regarding absolutely vital hospital services. This is a hugely important issue which affects healthcare access for a great number of people in the region and it is clear that any decision should be taken with the utmost care. It is welcome that the Court of Appeal has allowed us to challenge the original decision and we are determined to once again ensure our clients’ voices are heard on this matter.”
The Save South Tyneside Hospital Campaign Group had a range of concerns regarding the closure of the services, including that the consultation on the issue in 2017 was not fair. Campaigners also believe that any decision taken by the CCGs involved would be unlawful.
Irwin Mitchell will argue on behalf of the group in the Court of Appeal that the decision-making process was pre-determined against retaining services at South Tyneside Hospital. Campaigners believe that not enough information regarding the various options were included in the public consultation and that not enough consideration was given to the financial, staffing and patient access implications of the decision.
Roger Nettleship, a spokesperson for the Save South Tyneside Hospital Campaign Group, said: “Everyone involved in the group and others across the local community are devastated by the impact that these closures could have, with them particularly relating to vital services for young children and women. We have always felt that the move would be a disaster for the area and it was hugely disappointing to see the judicial review conclude in the manner that it did. Getting permission to appeal is very welcome and we hope it is another opportunity to highlight just what these changes would mean for our area. It feels like we have been ignored in some respects and I hope now that this appeal is a chance to ensure we have our say on this incredibly serious issue.”
A hearing in the Court of Appeal is expected to be held in early November.
Speaking on behalf of South Tyneside Clinical Commissioning Group and Sunderland Clinical Commissioning Group (CCGs), Matt Brown, director at NHS South Tyneside CCG, said: “These changes have always been about doing what is right for our patients and protecting vulnerable hospital services which are now in a much safer and sustainable place since we implemented all the changes at the start of August. It’s important that people realise this appeal is not about the decisions we made to change services, it’s about how the judge came to his conclusions during the judicial review. We will, of course, defend the appeal, and while this legal process carries on, our focus remains on providing excellent care for patients by our hardworking fantastic clinical teams. Our staff have delivered 21 babies born in our new South Tyneside birthing centre, they are ensuring patients now receive timely stroke care, delivered by specialists, in a dedicated acute stroke unit which is dramatically improving patient outcomes, and they are providing care to sick children ensuring they see right paediatric clinician for the condition, again speeding up access to diagnosis and treatment.”
Article originally appeared on Chronicle Live
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