01.08.13
Lewisham reconfiguration deemed unlawful
Plans to reduce A&E and maternity services at Lewisham Hospital have been overturned by the High Court, which ruled that health secretary Jeremy Hunt had acted outside his powers when he made the announcement to parliament in January.
The downgrading followed the financial collapse of nearby South London Healthcare NHS Trust and would improve patient care in the area, the Government said.
But Mr Justice Silber said Hunt had breached provisions of the NHS Act 2006 and that the plans were unlawful. Campaigners in the Save Lewisham Hospital group cheered the decision.
Rosa Curling from the law firm Leigh Day, who represented the Save Lewisham Hospital group, said: “This is a tremendous victory for all the people of Lewisham and for the thousands who have campaigned for this well-run, successful hospital to remain open. This mobilisation of the public in support of Lewisham hospital has been extraordinary … Real questions must now be asked about the decisions being taken by this government in relation to healthcare.”
A Department of Health spokesperson said: “This judgment applies to one aspect of a package of changes which we believe are in the best long-term interests of patients and the public across south-east London. As it stands, the South London Healthcare NHS trust has been running at a loss of about £1m a week – money that has to be diverted from frontline patient care. So of course we are disappointed by this decision. We need to consider the judgment carefully, and have obtained permission to appeal.”
Chief executive of the NHS Confederation, Mike Farrar, said: “There is no doubt the administrator's proposals for South London and Lewisham have caused controversy, but we should remember that the original intention shared by all organisations was to find a way to create sustainable high quality care that was affordable. This remains the underlying issue that has to be solved and one which cannot be ignored.
“The NHS cannot afford to lose time on securing safe and sustainable services for people. We need proper legitimate processes firstly to identify the right solutions and secondly to underpin consultations with the public.
“There is no doubt the NHS must get better at making the case for change – if we don't have the political and public support to approve controversial decisions and get them implemented then we all lose out. The future of healthcare lies in improved joint planning with the local community.”
And chief executive of the Royal College of Midwives Cathy Warwick, said: “We welcome the judge’s ruling, which clarifies that the Trust Special Administrator and Secretary of State did not have the authority to impose changes to the services provided by Lewisham Healthcare NHS Trust, regarding the financial problems at the neighbouring South London Healthcare Trust.”
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Image c. Save Lewisham Hospital