Jeremy Hunt's decision to downgrade A&E services at Lewisham Hospital 'unlawful', rules court

 
Supporters of Lewisham Hospital protest outside the High Court today as judgment on the possible closure is awaited Picture by GLENN COPUS ©
29 October 2013

Jeremy Hunt was today handed a humiliating defeat by the Court of Appeal over his plans to downgrade Lewisham hospital.

The Health Secretary failed in a bid to overturn a previous ruling that he acted beyond his powers in seeking to close the hospital’s A&E and reduce its maternity department.

Campaigners were ecstatic that the three judges kicked out the claim after a day-and-a-half - but warned that Mr Hunt was still trying to gain new powers “through the back door” to axe services at successful hospitals.

The judges, led by Master of the Rolls Lord Dyson, required only 10 minutes’ deliberation after hearing all sides to confirm that Mr Hunt had acted illegally in seeking to use Lewisham to tackle the debts at an unconnected NHS trust.

Save Lewisham Campaign spokeswoman Vicky Penner said: “We are absolutely thrilled and relieved that we have won justice for Lewisham twice now.

“I was shocked the Government was foolish enough to carry on trying to push through the closure. It was a disgraceful waste of taxpayers’ money.”

Campaign solicitor Rosa Curling told the Standard: “It was very clear that the appeal had to be dismissed. The Secretary of State didn’t have the legal power to make changes to Lewisham.”

She said the judges had unexpectedly announced their decision today - a full judgement will follow in several weeks - because “they were aware that there needed to be certainty for the people of Lewisham and the hospital”.

Health Secretary Jeremy Hunt said: “I completely understand why the residents of Lewisham did not want any change in their A & E services, but my job as Health Secretary is to protect patients across South London - and doctors said these proposals would save lives.

"We are now looking at the law to make sure that at a time of great challenge the NHS is able to change and innovate when local doctors believe it is in the interests of patients."

Andy Burnham, Labour shadow Health Secretary, said: “This decision is a humiliation for Jeremy Hunt and raises major questions about his judgement.

“The Court has done an important public service today in standing up to an arrogant and high-handed Government and a Secretary of State who is trying to close A&Es across London in the middle of the worst A&E crisis in living memory.”

Mr Hunt sparked mass protests when he accepted the recommendations of a special administrator, Matthew Kershaw, to reduce services at Lewisham to help tackle the £65 million PFI-related debt at the South London Healthcare NHS trust.

Until it was disbanded last month, South London Healthcare ran the Queen Elizabeth hospital in Woolwich and Princess Royal in Bromley. Campaigners said it was wrong to punish Lewisham for the failings of other hospitals.

The Court of Appeal rejected Mr Hunt’s argument that he was entitled to “beyond the boundaries” for the wider benefit of the NHS and include hospitals outside the stricken trust when considering remedies.

The ruling is a serious blow for Mr Hunt because it involved the first legal testing of a new Government procedure for dealing with failing NHS organisations - referred to as the Unsustainable Providers Regime.

But the Save Lewisham Campaign warned he may eventually gain this power via an amendment to the Care Bill, which is making its way through the Commons. Ms Penner warned: “No hospital in the country is safe.”

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