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Campaigners win Leeds heart surgery legal challenge Campaigners win Leeds heart surgery legal challenge
(35 minutes later)
Campaigners trying to keep child heart surgery in Leeds have won a legal challenge.Campaigners trying to keep child heart surgery in Leeds have won a legal challenge.
A judicial review was brought at the High Court in London last month by the Save our Surgery group (SOS) over an NHS decision to stop the operations. The High Court has ruled the consultation over changes to children's heart surgery in England and Wales was flawed.
SOS's claims the consultation process was unfair and legally flawed have been backed by a judge. It is not yet clear what the victory will mean. Legal action was brought by campaigners trying to save operations at Leeds General Infirmary but the ruling could affect other units facing closure.
The team behind the NHS review said quashing its plans would be unfair.
The High Court judge backed claims by The Save our Surgery group (SOS) that the consultation process was unfair and legally flawed.
Sharon Cheng, from SOS, said the group was "extremely pleased and relieved".Sharon Cheng, from SOS, said the group was "extremely pleased and relieved".
'Clear injustice''Clear injustice'
She said: "This judgment finally confirms what we have always believed, that the Joint Committee of Primary Care Trusts' review process and decision to remove children's heart surgery services from Leeds was unlawful. She said: "Winning this case in the High Court proves once and for all that the supposed consultation was a rubber-stamping exercise conducted with an outcome in mind, with clinicians, MPs and patients fooled into feeling they had influence.
"Winning this case in the High Court proves once and for all that the supposed consultation was a rubber-stamping exercise conducted with an outcome in mind, with clinicians, MPs and patients fooled into feeling they had influence.
"This action was taken by parents and clinicians who simply could not stand by and watch a clear injustice being done.""This action was taken by parents and clinicians who simply could not stand by and watch a clear injustice being done."
The Joint Committee of Primary Care Trusts (JCPCT) had decided that child heart surgery should also end at Leicester's Glenfield Hospital and London's Royal Brompton. The Joint Committee of Primary Care Trusts (JCPCT) decided child heart surgery should also end at Leicester's Glenfield Hospital and London's Royal Brompton so care could be concentrated at fewer sites to improve standards.
The High Court ruling could also affect the future of surgery at those units.The High Court ruling could also affect the future of surgery at those units.
Sir Neil McKay, chairman of the JCPCT, said he was disappointed at the ruling.
In a statement he 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.
"We need to understand whether the court will quash the JCPCT's decision in its entirety, as the claimant seeks, or whether it will impose a less draconian remedy.
"We are making representations to the court that a quashing of the decision would be unfair and unnecessary. Once we have the court's judgment on this point we will strongly consider an appeal if we believe that this would enable us to reach a final decision on reconfiguring children's heart services in a reasonable timeframe."
As part of the NHS review process, each hospital was visited by a panel of experts and given a score based on its performance.
SOS told the High Court the JCPCT had produced "sub-scores" measuring the quality of service under various criteria but had not disclosed them to consultees.
Independent review
In her judgment, Mrs Justice Nicola Davies said: "As the scores were relevant to the assessment, the breakdown of the scoring should have been disclosed to the centres whether or not the JCPCT proposed to look at it.
"If there is a public law duty to make information available to a consultee, disclosure cannot be denied simply because one party does not wish to look at that information."
The judge said a further court hearing would be held on 27 March to determine what the "remedy" would be following her ruling.
An independent review of the NHS decision is also expected to report back to the Health Secretary Jeremy Hunt at the end of the month.
Nearly 600,000 people signed a petition against the decision to end surgery at the unit in Leeds, which treats children from across Yorkshire and the Humber region.Nearly 600,000 people signed a petition against the decision to end surgery at the unit in Leeds, which treats children from across Yorkshire and the Humber region.
If the plan went ahead, children would instead have to travel to Newcastle or Liverpool for operations.If the plan went ahead, children would instead have to travel to Newcastle or Liverpool for operations.