Department of Health appeals Lewisham Hospital decision

The fight to save Lewisham Hospital is not over yet, after the Department of Health lodged an eleventh hour appeal over last month’s court ruling.

Following a legal challenge by campaigners and Lewisham Hospital, a High Court decision quashed Health Secretary Jeremy Hunt’s decision to downgrade Lewisham’s A&E and maternity services.

But the department has now appealed that decision – on the final day they could do so before the appeal deadline expired.

The move will enrage but, perhaps, not surprise campaigners who had urged Mr Hunt not to throw further taxpayer’s money at the case.

A spokeswoman for the Department of Health confirmed the appeal was filed today but said she could not go into any further details.

Via http://www.newsshopper.co.uk


High Court quashes decision by Jeremy Hunt to close Lewisham Hospital

The High Court today (31 July 2013) found that the Secretary of State for Health, Jeremy Hunt MP, had acted outside his powers and therefore unlawfully, in deciding to substantially cut services and close departments at Lewisham Hospital.

In today’s judgment Mr Justice Silber said that the decision of the Secretary of State must be “quashed” as he had acted outside his powers as Secretary of State, and in breach of the National Health Service Act 2006, when he announced to Parliament that services at Lewisham Hospital would be downgraded and closed.

Law firm Leigh Day, representing the Save Lewisham Campaign Group, successfully argued that the decision of the Secretary of State was unlawful. They also successfully argued that the decision of Trust Special Administrator, the first to be appointed under new health service guidance, was also unlawful.

The Save Lewisham Hospital Campaign made up of and supported by patients, community groups, GPs, hospital doctors, nurses and other health professionals working in Lewisham was formed in 2012, in response to the South London Healthcare Trust Special Administrator (TSA) Mathew Kershaw proposal that, as part of the cost saving measures put forward for the neighbouring trust, South London Healthcare NHS Trust, that services at Lewisham Hospital should be reduced.

Despite being appointed TSA for the South London Healthcare Trust, in his final report to the Secretary of State in January 2013, Mr Kershaw not only proposed changes to South London Healthcare Trust but also to Lewisham Healthcare Trust, in particular to Lewisham Hospital which it runs.

Mr Kershaw proposed that the Hospital should close and downgrade some of its services, including its A&E department, acute admitting wards and adult Intensive Care Unit. He also suggested that the maternity service at the hospital should be downgraded or closed completely.

These recommendations were made despite widespread agreement that Lewisham Hospital was a high achieving and popular hospital not in financial difficulty.

Save Lewisham Hospital campaign argued to the TSA at the time, that the alternative health care options proposed would have been extremely difficult for residents to access.

However, on 31 January 2013 the Secretary of State for Health, Jeremy Hunt, announced to parliament that he accepted the TSA’s recommendations about South London Healthcare Trust including the recommendation to reconfigure NHS services ‘beyond the confines of [SLHT], across all of South East London [including Lewisham].’ (Para 40)

The High Court today found that “The TSA did not have vires [the power] to make his recommendations relating to LH [Lewisham Hospital]; The Secretary of State did not have vires to make his Decision relating to LH.” (Para 208) ‘Therefore the Decision of the Secretary of State insofar as it relates to LH must be quashed as must the recommendations of the TSA also insofar as they relate to LH.’ (Para 210)

In his judgment (Para 38) Mr Justice Silber also referred to a pledge made by the Prime Minister, David Cameron, in January 2013 to Dame Joan Ruddock, MP for Lewisham Deptford that, in relation to Lewisham Hospital in particular:

“What the Government and I specifically promised was that there should be no closures or reorganisations unless they had support from the GP commissioners, unless there was proper public and patient engagement and unless there was an evidence base. Let me be absolutely clear: unlike under the last Government when these closures and changes were imposed in a top-down way, if they do not meet those criteria, they will not happen.”

Rosa Curling from law firm Leigh Day, who represented the Save Lewisham Hospital Group said:

“When the Secretary of State appointed the Trust Special Administrator to investigate and develop recommendations on the future of South London Healthcare NHS Trust, he promised that there would be no “back-door approach to reconfiguration”; there would be no reconfiguration of neighbouring NHS services delivered by other NHS bodies beyond the South London Trust.

“He broke this promise – in fact, his decision regarding South London included a substantial reconfiguration of services delivered by other NHS bodies beyond South London and in particular in relation to Lewisham Hospital. The court has today agreed that the TSA and the Secretary of State has no legal power to do this and has emphatically made clear that this decision should be quashed.”

Dr Louise Irvine, local GP and Chair of the Save Lewisham Hospital campaign, said that she had been overwhelmed by the support from people around the UK:

“This is an incredible day. We are delighted for every single person who has supported the campaign and those who will now continue to benefit from this extraordinary hospital. The support from thousands of people in Lewisham is a very real demonstration of the Big Society.

“David Cameron himself said that there would be no ‘top-down’ approach to closures and we appreciate the Court’s decision which should serve as a reminder to this Government to not forget their promises and not to underestimate those who they seek to represent.”

-ENDS-
Press Contact: David Standard, Head of Media Relations
07540 332717, dstandard@leighday.co.uk

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Lewisham: the most irrational, irresponsible hospital to cut

To cut this well-performing hospital would be to reward failure and punish success.

BY ROWENNA DAVIS PUBLISHED 21 JANUARY 2013 16:14

I was born in Lewisham hospital. My mum was convinced that she’d eaten some dodgy mackerel, but it turned out to be contractions. She was rushed in, and both of us were pretty grateful for the kindness and expertise staff showed in helping a frightened mother deliver a safe birth. So when I heard that Lewisham might be losing most of its maternity and other key services to cuts, I decided to go back and visit.

But walking through the hospital’s glass doors in the bustling heart of South London, I was determined not to be sentimental. Months of covering health news for the Guardian taught me that some closures are inevitable. The left loses credibility by not recognising that. We must be prepared to accept uncomfortable truths. The problem is that this might just be the most irrational, irresponsible hospital to cut:

“Here we are bang in the middle of Lewisham, a real community hospital doing exactly what the government wants,” consultant physician John Miell tells me in the hospital canteen. “We have great health reports from objective sources and our finances are more sound than our neighbours. Now the government are ripping the heart out of this community… If they can close Lewisham, they can close anywhere.”

The facts back him up. Lewisham has ranked in the top forty hospitals in the country for the last four years, and its safeguarding services have just been marked excellent by Ofsted (pdf). Lewisham will not be closing services because of failure; it will be closing to protect other hospitals that are too expensive to close because of bad management and botched PFI contracts. As one doctor put it: “We are victims of our success”.

Matthew Kershaw, the man leading the review, makes no secret of this. He has recommended that Lewisham shut all acute services – children, intensive care and most of maternity – simply so that they don’t compete with others in the South London NHS Trust. It’s the worst example of top-down state control rewarding failure. Weren’t the government’s NHS reforms supposed to be about introducing competition to do exactly the opposite?

If the health secretary Jeremy Hunt agrees to these recommendations on 1 February (or before if rumours are believed that he wants to scupper the demonstration this Saturday), good performance will no longer guarantee any sort of protection against closure. As Lucy Mangan says, every hospital in the country will be at risk.

Doctors are also terrified that the consequences of shutting services in a poor, densely populated inner city area with a booming population and a high birth rate have not been thought through. Campaigners say that the changes will leave the local population of 750,000 with just one A&E department.

“Hospitals to the east and west of Lewisham are already full and have been passing their maternity patients to Lewisham,” says Louise Irvine, a local GP who is leading the Save Lewisham Hospital campaign, “The system is already not coping. People are going to die. That’s what we want Hunt to know. He has been duly warned.”

Doctors told me that the local Queen Elizabeth hospital was already transferring children out as far as Margate to cope with over demand, and that St Thomas’ was also asking about outpatient beds outside of London. Mums trying to book Kings hospital for births are already being told there is no space. One GP talked about an appendix rupturing in A&E because they couldn’t be seen in time. These stories came from different local hospitals, but everyone felt their position was too precarious to go on the record.

Distance is another problem. Workers for the London Ambulance Service have informally raised concerns about the closure of Lewisham’s A&E department because they know that minutes determine lifetimes. Jos Bell is one local resident who became active in campaigning to save the hospital because of an experience she had a few years ago when she was taken ill and her pulse stopped:

“I wouldn’t have got to Woolwich (the nearest alternative hospital) in time… I would have died in the cab. People will be dropping on route. They are pioneering new treatments at Lewisham. They have saved my life more than once.”

Distance is a bigger problem in poorer areas where car ownership is relatively low. If Lewisham closes its emergency service, some people in Sydenham and Crystal Palace will have to travel for over an hour to get to recommended alternatives.

“For maternity users it’s going to be the most dangerous,” says Jessica Ormerod, a local mother and head of Lewisham’s maternity committee that represents mums in the borough, “They are already vulnerable. Some asylum seekers don’t have the bus fare to get there – at least they can walk to Lewisham.”

Doctors also raised problems of integration – supposedly another key rationale for the health reforms. Right now if a birth goes wrong unexpectedly, mum can be moved to an emergency service across the hall. But under the new proposals, there would be no facilities to do that. If a baby came out with its chord around its neck, patients would have to be transferred by ambulance across town with all the extra risk that brings. I shudder to think of my mum in this position. That could have been me or my little brother.

“We know that most safeguarding failures occur because of a break down between services as people fall through the gap,” says chair of Lewisham’s clinical commissioning group Helen Tattersfield, who maintains the same problem applies to vulnerable groups like self harmers who need social as well as medical support. “If this goes ahead I’ll have patients in five different hospitals and I won’t know they’ll be in the system. It’s a recipe for confusion.”

Kershaw insists that despite extensive consultation, no “viable alternative solutions or proposals been put forward” to solve the challenges faced by the South London Hospital Trust.

If this move made economic sense, perhaps he would have a point. But theGuardian has reported that Kershaw’s proposals would cost £195m to implement, and only deliver £19.5m savings a year. At a time when Lewisham has just invested millions in services that are doing well, this seems wasteful. If you have to close a hospital, why close the one that is doing best?

For many, this is a political decision. Lewisham is a poor area and as one doctor put it, “There is very little to lose when everyone votes Labour here anyway”. The alternative is to close hospitals in Conservative-held areas like Kent, and MPs like Iain Duncan SmithChris Grayling and Julian Lewis have already proven that even Tories can’t justify closures in their own backyard. Some call it “fiscal nimbyism”. Patients and doctors call it understanding the consequences when you’re close to them. Me and my mum can testify to that.

#RT via Andy Taylor via http://www.newstatesman.com