By Richard Johnstone | 29 October 2013
The Court of Appeal has today upheld a ruling that Health Secretary Jeremy Hunt exceeded his powers when he ordered Lewisham hospital to cut or close departments.
Today’s judgement backed the earlier High Court decision that the proposed reduction in services at the hospital had been unlawful.
The decision to downgrade the accident and emergency, maternity and other services at Lewisham was made a consequence of problems at the neighbouring South London Healthcare NHS Trust.
Hunt had appointed trust special administrator Matthew Kershaw to South London under the ‘unsustainable provider regime’ after the trust hit financial problems. But Kershaw’s recommendations for reconfiguring services included closures and reductions at Lewisham, which is part of a separate trust.
The original judgement found this breached the National Health Service Act 2006, since the special administrator had been appointed to oversee only South London, not Lewisham, and quashed the order to alter services.
Hunt decided to appeal this decision, but the Court of Appeal has upheld the verdict.
Responding to the ruling, Hunt said that he understood why the residents of Lewisham did not want any change in their A&E services.
He added that he had acted to protect patients across South London, and doctors agreed the changes 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.’
The Save Lewisham Hospital campaign group, which had brought the original case, said the attempt to downgrade Lewisham had been ‘outrageous and undemocratic’. Lawyers acting for the group said they were delighted the appeal had been dismissed.
Rosa Curling from law firm Leigh Day said it confirmed Hunt did not have the legal power to close and downgrade services at Lewisham Hospital.
‘This expensive waste of time for the government should serve as a wake-up call that they cannot ride roughshod over the needs of the people.’
Trade union Unite said Hunt had wasted taxpayers’ money in the case.
Barrie Brown, Unite’s national officer for health, urged Hunt to accept the verdict, and drop plans to change the law to avoid further challenges in other cases.
‘He refused to accept the High Court ruling this summer that he was acting outside his powers when he decided the emergency and maternity units should be cut back.
‘Then, the judge ruled that local people would have to travel a long way to gain access to vital services. He needs to give a public assurance that he won’t be repeating this ideologically-driven fiasco at other hospitals in England.’
The Mayor of Lewisham Sir Steve Bullock said the ruling was ‘a great result’ for the London borough.
‘We knew the secretary of state and the trust special administrator were wrong in the beginning and today we all know they are still wrong now.’
