Borough loses High Court bid for judicial review of hospital downgrades

A High Court judge has refused a London council’s request for permission to bring judicial review proceedings over plans to downgrade four local hospitals.

The London Borough of Ealing sought a judicial review after the NHS approved plans to shut four accident and emergency departments and downgrade other services at Ealing, Central Middlesex, Hammersmith and Charing Cross hospitals.

But Mr Justice Mitting refused the application after an oral hearing.

An independent panel submitted a report on the NHS’s decision to Health Secretary Jeremy Hunt last month. His final decision is expected shortly.

When it launched the judicial review action in April, Ealing claimed that there had been:

• A failure to take into account clinical evidence;
• Insufficient public and patient engagement;
• Inadequate public consultation; and
• A failure to consider the impact that stopping services would have on Ealing residents.

Cllr Julian Bell, Ealing’s leader, said: “Everyone involved in the campaign will be devastated by this decision. The future of these vital health services now rests with Jeremy Hunt who can still reject these monstrous plans. 

“I would urge him to scrap these plans now in response to our very real concerns about the safety of these plans and the ability of remaining services to cope.”

The Cabinet at Ealing will discuss the council’s next steps on 22 October.