Court of Appeal hears challenge to service downgrade at Oxfordshire hospital

The Court of Appeal has this week (14 March) heard an appeal over a High Court decision that a consultation on proposed changes to services at a hospital in Oxfordshire was not unlawful.

In December 2017 Mr Justice Mostyn dismissed a legal challenge led by Cherwell District Council over Oxfordshire Clinical Commissioning Group’s plans to downgrade services at Banbury’s Horton General Hospital.

Cherwell had brought the case with support from South Northamptonshire Council, Stratford-on-Avon District Council and Banbury Town Council acting as co-claimants, but were not involved with the appeal.

Campaign group Keep the Horton General, which was an interested party in the High Court challenge, appealed on the same grounds as heard in the High Court. These were:

1. The hospital’s failure to address the interdependency between permanent bed closures and community provision;
2. The hospital not properly consulting on new NHS England policy relating to bed closures;
3. Oxfordshire CCG’s failure to set out both pros and cons of the bed closures; and
4. The late admission of new evidence on the final day of the High Court hearing, “despite it being requested months earlier”. 

Samantha Broadfoot QC and Leon Glenister of Landmark Chambers appeared for Keep the Horton General. Judgment was reserved.

Commenting ahead of yesterday’s hearing, Rowan Smith, solicitor at Leigh Day who is representing the campaign group, said: “The KTHG group have campaigned tirelessly to ensure that the community is given a proper say in the changes to provisions at Horton General. At a time when hospital beds are in short supply and waiting lists are growing, the group believe it was inconceivable that the CCG omitted to give the local community a balanced picture as to the need to keep beds open. The group argue that the consultation on bed closures by Oxfordshire CCG was unlawful.

“It is only right that the campaign group has sought further scrutiny of the significant changes to healthcare provision in Banbury, and we trust that the Court of Appeal will agree with our client that the CCG’s decision in relation to bed closures ought to be revisited immediately for the benefit of all patients and users of the Horton General and surrounding areas.”

When granting permission for an appeal, Newey LJ made a costs capping order of £15,000 with a reciprocal cap of £25,000 in respect of the appellant’s costs.