Patient safety

Judge rules in favour of Save Our Surgery

The judge who ruled in favour of campaign group Save Our Surgery over the proposed closure of Leed's child heart surgery unit today set out the steps NHS must take following her decision.

Mrs Justice Nicola Davies said that the consultation used in the decision to end child heart surgery in Leeds was flawed and that the Joint Committee of Primary Care Trusts (JCPCT) “failed in its duty to properly scrutinise and assess all relevant evidence before making its decision”. She added that information about the sub-scores may have impacted on the final decision concerning Leeds.

The JCPCT, which conducted a consultation on which of the UK’s surgery units should close to centralise and improve care, decided that surgery at Leeds should be ended, as well as at Leicester and London’s Royal Brompton.

NHS England (formerly the NHS Commissioning Board) must now re-consider the elements identified by the judge and ask questions about the quality scores and how they were arrived at, including issues of travel and access. The decision on which centres will be closed will be based on its report.

Sharon Cheng of Save Our Surgery said:  “We are extremely pleased and relieved that the unfair and flawed decision to stop surgery in Yorkshire and the Humber has been quashed.  Today’s judgement vindicates our decision to pursue this case through the courts. We brought this case on behalf of the families and patients of our region whose genuine concerns about the review had been consistently ignored by the NHS. 

“The first line of the NHS constitution states ‘the NHS belongs to the people’.  We now call on the decision makers to reflect that by engaging with us to ensure the final outcome is the correct one for children across the country.”

JCPCT is considering grounds for appeal.

Chair Sir Neil McKayCB said: “The NHS remains as determined as ever to reconfigure children’s heart services. The NHS will of course study the ruling carefully and its implications. The Judge was very clear that she was not advocating a return to the start of the review process. I am pleased that the Judge has upheld our decisions in relation to the quality standards and the model of care.

"The Court and all the hospitals involved recognise the need for the NHS to continue in our important mission to improve services for children with congenital heart disease and the NHS remains absolutely committed to ensuring that services are safe and sustainable in the future. The case for the reconfiguration of children’s heart services remains strong and there continues to be a rare consensus amongst medical royal colleges, professional associations, NHS staff and national parent groups that the NHS needs fewer larger surgical centres and new national quality standards to improve outcomes for children. Safe and Sustainable will continue.

"The decision we took in July last year will help save children’s lives, reduce co-morbidities and ensure ongoing care is provided closer to many families’ homes.” 

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