Ex-nurse wins wards closure legal battle
A former nurse has won a High Court battle challenging the closure of two hospital wards. Pat Morris, 65, from Bowdon, Greater Manchester, challenged the decision to shut two rehabilitation wards for older people at Altrincham General Hospital. Mr Justice Hodge has ruled that the Trafford Healthcare NHS Trust's move in March to close 26 beds was unlawful as there was no public consultation. But he refused to order the trust immediately to reopen the beds.
Health Direct points out that the way that Labour have created the NHS closures process mean that a 3 month "consultation process" is a legal requirement before any cutbacks should actually take place. However after that three month timescale has finished, they will close the hospitals anyway.
(Please also see July 18, 2006 Anger over 'legality' of NHS cuts a Cornish district council boss questioned the legality of an NHS trust's plans to cut health services after the proposals for the closure of St Michael's Hospital were leaked to the media.)
The Trafford Healthcare NHS Trust which admitted in court it closed the wards without public consultation, is to hold four public meetings next month on the issue of inpatient beds in Altrincham.
Mrs Morris, 65, who quit her job to bring a judicial review against the trust, said: "There are no winners today - only losers. They will just go through the motions."
Mrs Morris, who was represented by a counsel who did not receive a fee, said she had risked financial ruin, as she could have lost the case and been ordered to pay the trust's costs. But she was awarded her costs which were less than £1,000.
Mr Justice Hodge said: "I do not accept that the need to close the wards at Altrincham General Hospital was so urgent that it was right that no public consultation should take place." However he refused to order the wards' reopening because the trust had accepted it was right to hold a consultation "very shortly."
"It is a possibility that, having conducted a proper consultation, the trust reaches a conclusion which the claimant will not welcome, that it would be wrong to reopen the wards.
"It cannot be right for this court in its discretion to order the reopening of the wards on the basis that there will be a public consultation which might legitimately then decide to close them again."
The full story can be found here:
http://news.bbc.co.uk/1/hi/england/manchester/5370376.stm
Health Direct points out that the way that Labour have created the NHS closures process mean that a 3 month "consultation process" is a legal requirement before any cutbacks should actually take place. However after that three month timescale has finished, they will close the hospitals anyway.
(Please also see July 18, 2006 Anger over 'legality' of NHS cuts a Cornish district council boss questioned the legality of an NHS trust's plans to cut health services after the proposals for the closure of St Michael's Hospital were leaked to the media.)
The Trafford Healthcare NHS Trust which admitted in court it closed the wards without public consultation, is to hold four public meetings next month on the issue of inpatient beds in Altrincham.
Mrs Morris, 65, who quit her job to bring a judicial review against the trust, said: "There are no winners today - only losers. They will just go through the motions."
Mrs Morris, who was represented by a counsel who did not receive a fee, said she had risked financial ruin, as she could have lost the case and been ordered to pay the trust's costs. But she was awarded her costs which were less than £1,000.
Mr Justice Hodge said: "I do not accept that the need to close the wards at Altrincham General Hospital was so urgent that it was right that no public consultation should take place." However he refused to order the wards' reopening because the trust had accepted it was right to hold a consultation "very shortly."
"It is a possibility that, having conducted a proper consultation, the trust reaches a conclusion which the claimant will not welcome, that it would be wrong to reopen the wards.
"It cannot be right for this court in its discretion to order the reopening of the wards on the basis that there will be a public consultation which might legitimately then decide to close them again."
The full story can be found here:
http://news.bbc.co.uk/1/hi/england/manchester/5370376.stm
posted by Drs Search at
10:01 AM
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