Government to appeal High Court judgment quashing hospital downgrade

The Government is to appeal a High Court ruling that the Health Secretary acted unlawfully when he approved a reduction in the services offered at Lewisham Hospital.

In July Mr Justice Silber upheld a judicial review challenge brought by Lewisham Council and campaign group Save Lewisham Hospital.

The judge quashed a recommendation of the Trust Special Administrator for South London Healthcare Trust – a badly performing trust of three hospitals but which did not include Lewisham Healthcare Trust.

The judge also quashed subsequent decision of Health Secretary Jeremy Hunt on 31 January backing the TSA’s proposed measures.

These changes would, amongst other things, have cut maternity and A&E services at Lewisham University Hospital.

Mr Justice Silber agreed with the claimants’ argument that the TSA and the Health Secretary were only entitled to make recommendations and a decision ‘in relation to the Trust’ (the South London Healthcare Trust) under Chapter 5A of Part 2 of the National Health Services Act 2006.

The TSA and the Health Secretary insisted that they had the necessary authority over Lewisham Hospital.

The High Court judge said he would also have quashed the recommendations and decision because of an absence of support from local GP commissioners.

However, Mr Justice Silber did give the Secretary of State and the TSA permission to appeal as this was the first occasion in which the TSA regime had been considered by the courts.

Rosa Curling from law firm Leigh Day, which represented the Save Lewisham Hospital Group, said: “We remain confident that the Court of Appeal will uphold Mr Justice Silber's decision and we intend to request an urgent hearing so the ongoing uncertainty facing the Hospital can be brought to an end as a matter of priority."