A SURPRISE court victory which could further delay the reorganisation of children’s heart surgery services is continuing to put young lives at risk, it was warned last night.
It was announced last summer that children’s heart surgery would continue at Newcastle’s Freeman Hospital after a ruling was made to keep the life-saving service.
But yesterday a Yorkshire campaign group won its legal challenge over the proposed changes, throwing further confusion over the reorganisation.
Save Our Surgery (SOS), which is trying to stop the closure of the heart unit at Leeds General Infirmary, argued the consultation process leading up to the changes was unfair and procedurally flawed.
Mrs Justice Nicola Davies, sitting at London’s High Court, ruled that the challenge must succeed as aspects of the process were ill judged.
But it is not yet known what this victory means for the future of the Freeman’s unit as this will be decided at a date later this month. A further review of the decision has also been ordered by Health Secretary Jeremy Hunt.
Last night, Newcastle East MP Nick Brown warned that children would suffer as a result of the delay in implementing the changes.
He said: “Continuing uncertainty is not serving the interests of justice. Very young lives continue to be at risk until the new Centres of National Excellence are confirmed.
“The original decision should be upheld and NHS money spent on patient care, not counter-productive legal disputes.”
The Leeds-based campaign group came to court seeking to overturn the decision of the Joint Committee of Primary Care Trusts (JCPCT) to select seven specialist centres for the future delivery of paediatric cardiac surgery in England.
The sites currently chosen to stay open are at Newcastle, Bristol, Birmingham, Liverpool, Southampton and two London centres. Facing closure are the Leeds site and units at Leicester’s Glenfield Hospital and London’s Royal Brompton.
Mrs Justice Nicola Davies acknowledged that Newcastle Hospitals NHS Foundation Trust is the only one in the country to provide all cardiac care from conception, through birth, childhood and adulthood.
The judge also highlighted that the hospital is one of only two children’s cardiac pulmonary transplant units in the UK, and it is among the top five centres in the world within this field and has an international reputation. Hospital bosses in Newcastle said they were disappointed that there will be further delays before the review is implemented.
In a statement Newcastle Hospitals NHS Foundation Trust said: “We remain confident that the original decision will in due course be upheld and the Freeman Hospital will be one of the designated centres providing specialist children’s cardiac surgery, for which our performance and very high quality is recognised internationally.”
Despite the uncertainty, Newcastle Hospitals is continuing with its investment in building infrastructure, specialist equipment and staff recruitment.
Dr Richard Kirk, consultant paediatric cardiologist at the Freeman, said: “Our staff are not downbeat and the unit will continue to move forward with its plans.”
There will be a further hearing at the High Court on March 27 when the judge will decide whether to overturn the JCPCT’s decision, effectively forcing it back to the drawing board.
JCPCT chairman Sir Neil McKay said: “The pressing need to reform children’s heart services is long overdue and experts have cautioned that further delay in achieving the necessary change would be a major setback in improving outcomes for children with heart disease.”
The review into paediatric heart surgery services across England said it was necessary to close three units after it was concluded that expertise was spread too thinly and should be concentrated in fewer hospitals.





