Judicial review on A & E closure turned down

Lisa-Louise and Dave Fitton, Counciilor Jean Ashowrth and Rochdale MP Paul Rowen outside the High Court

Rochdale MP Paul Rowen has praised Lisa-Louise and Dave Fitton - despite a High Court judge turning down their legal bid to keep Rochdale Infirmary's Accident and Emergency unit open.  Despite this setback, campaigners have vowed to continue their fight in "any way necessary".

Mr Rowen said: "We have had many setbacks on the way and this is just another. I cannot praise the family enough for the way that they, like thousands of Rochdalians, refused to give up.  We will continue our campaign, a campaign that motivated almost every resident to play a part. 

"I am disappointed that Mr Justice Bennett refused our application - and even more disappointed that yet again local health bosses have brought money into this again - despite claiming consistently that this is not about money.  We are talking about saving people's lives yet their legal team brought into the equation the cost of a new consultation process.  Despite the fact that the original consultation was flawed and didn't include the option of retaining Accident and Emergency Services at Rochdale Infirmary."

There is hope yet for the campaigners in their fierce battle to retain services, as the Secretary of State for Health has ordered an investigation by an Independent Reconfiguration Panel.  The panel has met with various groups in the town and is also looking at the decision to close Maternity and Childcare at Rochdale Infirmary.

Mr Rowen said: "This was a case of David and Goliath; we were hoping that the Labour Government's policy of centralisation of basic health services would be looked at.  The Fittons are a family who will be hugely affected by losing our A and E, and like hundreds of people in Rochdale they not happy with the decision but like me would like to praise their legal team, Pannones LLP, including Solicitor Richard Scorer and Matt Kelly QC. 

"The Fitton family represent the spirit of Rochdale, a spirit that refused to give up against the odds and will continuing to fight.

"People talk about the legacy of Tony Blair, well only on Wednesday at Prime Minister's Questions he was desperately trying to defend cutting A and E Departments across the country.  Gordon Brown and whoever is the new Health Secretary will have a challenging time ahead.

"I ask anyone affected by the Government's savage NHS cuts to follow the example of a courageous family from Rochdale and stand up against this Labour Government. 

"Here in Rochdale we will continue our fight in any way neccesary."

A Healthy Futures spokesperson said: “We note the judge’s decision to reject the application for judicial review.  Today’s decision does not affect the ongoing review by the Independent Reconfiguration Panel, which will submit its recommendations to the Health Secretary by 26 June.  We will now await the Independent Reconfiguration Panel’s recommendations and the Health Secretary’s subsequent decision on whether or not Healthy Futures should be implemented.”

This was the applicants’ second application for permission to claim judicial review of Healthy Futures.  Their first application (made in writing) was rejected on 13 March with the judge, Mr Justice Walker, saying there was no arguable basis for saying the NHS had failed to carry out its consultation obligations properly.  The applicants had an automatic right to make a second (oral) application.  The decision means they will not have a further opportunity to apply for judicial review of Healthy Futures.

Healthy Futures is the reconfiguration of adult healthcare at hospitals and in the community in the north east of Greater Manchester.  It affects a population of 800,000 people in Bury, Heywood, Middleton, North Manchester, Oldham and Rochdale. 

The Independent Reconfiguration Panel (IRP) is a non-departmental public body established in 2003 to advise the Health Secretary on contested proposals for health service changes.  The Health Secretary asked the IRP to look at Healthy Futures following its referral to her by Rochdale Council’s Health Overview amp; Scrutiny Committee (OSC).  The OSC asked the Health Secretary to decide whether or not the proposed changes to Rochdale Infirmary’s A&E department should go ahead.  The IRP is also reviewing the related Making It Better consultation on inpatient maternity, children’s and neonatal services in Greater Manchester, including the Healthy Futures area.