TCI commentary:
Many of you will be familiar with how the judicial review process works through the analyses we have done on a variety of cases throughout 2018. However, you may not be as familiar with the process of referral to the Secretary of State for Health. This is a power that is restricted to ONLY local health scrutiny committees, and allows councils to request that the Secretary of Sate for Health, (currently Matt Hancock) reviews the decisions of local commissioners. Under section 23 of the 2013 Regulations, local authorities can make a referral on three grounds:
- It is not satisfied with the adequacy of content or time allowed for consultation with itself (not wider consultation with patients, the public and stakeholders – this is the role of the judicial review process)
- It has not been consulted, and it is not satisfied that the reasons given for not carrying out consultation are adequate.
- It considers that the proposal would not be in the interests of the health service in its area.
The below article suggests that we have another case similar to the Horton Hospital saga in Oxfordshire which took place earlier this year. Despite winning the controversial judicial review, the Overview and Scrutiny Panel referred the case to the IRP and it seems the situation in Dorset may follow suit…
Article:
Plans to restructure NHS services in Dorset are to be sent to the health secretary for review.
Dorset’s Clinical Commissioning Group (CCG) has begun a shake-up, including shutting Poole’s A&E, after winning a judicial review in July.
The county council voted to refer the plans to Matt Hancock over concerns about patient travel times and the role of community hospitals.
Campaigners were “delighted” but the CCG said it “won’t stop” the review.
Under the CCG Clinical Services Review, Poole’s A&E, maternity and paediatric services will be lost to Bournemouth, which will become the area’s main emergency hospital.
Poole is set to become a centre for planned treatment and operations.
The shake-up aims to avoid a projected funding shortfall, estimated to be at least £158m a year by 2021.
Campaign group Defend Dorset NHS, has argued that travel times from areas like Swanage would be too great.
It failed in an attempt to win a High Court review in July and is currently seeking to appeal the decision.
The council’s health scrutiny committee voted by six to four to request the secretary of state to review the proposals. It had twice previously voted against such a move.
Campaigner Debbie Monkhouse said: “I didn’t dare hope this would happen. I’m delighted.
“At least 183 people a year would die if this went ahead. I firmly believe we’ve preserved life today and that has to be the primary issue.”
Tim Goodson of the CCG said the referral “won’t stop” the work going on to implement the review.
“We fully respect the decision and are happy to go through and explain the proposals via any review process should that be required.”
Article originally appeared on BBC News
The Institute cannot confirm the accuracy of this story or confirm that it presents a balanced view. If you feel this is inaccurate we would welcome your perspective and evidence that this is the case.
