District seeks legal advice from QC over downgrade of services at hospital

A district council is to seek legal advice from a Queen’s Counsel over a clinical commissioning group’s decision to downgrade children’s and maternity services at a local authority.

Richmondshire District Council is considering challenging the decision by the Hambleton, Richmondshire and Whitby (HRW) Clinical Commissioning Group over the future of services provided at the Friarage Hospital in Northallerton.

Callum McKeon, the council’s solicitor, said: “Having reviewed the consultation exercise carried out by the HRW CCG in reaching their decision, I believe that there were elements of the process that were legally flawed.

“At a full meeting of Richmondshire District Council, members of the council voted unanimously to instruct me to establish whether these flaws are sufficient to bring a legal case against the HRW CCG to require them to revisit their decision and to reconsider the alternative options that were submitted to them.”

McKeon said the QC’s advice would, once received, be presented to a full meeting of the council.

“If the advice is favourable then we will be sharing it with our neighbouring authorities at Hambleton District Council and North Yorkshire County Council to see if they wish to join in any potential legal action against the HRW CCG. We expect to hear from the QC in the next few days.”

Cllr John Blackie, Richmondshire’s Leader, said: “The consultant-led services are of too great a value to the local communities the Friarage serves to see them taken away by a decision making process that has at times appeared bizarre, if not inexplicable. It is my sincerest hope that the QC agrees so that we will be in a position to mount a legal challenge.”

Vicky Pleydell, the CCG’s clinical chief officer, told the Darlington & Stockton Times that the council’s decision to seek legal advice was “premature”, given that the North Yorkshire Scrutiny of Health Committee had already referred the matter to the Health Secretary to make a judgment.

“Our understanding of the referral to the Secretary of State is that he and the independent review panel will make a judgement about both the process itself and the outcome,” she said.