The Royal Brompton hospital has said it tried to avoid taking expensive legal action to keep open its children's heart unit. In a statement, the hospital's trust said it had been left with no choice:
"When serious assaults are made on patient care, when groundbreaking research teams who may be on the cusp of a significant breakthrough in cystic fibrosis tell us their research will not be possible under the proposals put forward, drastic measures are called for.
"We had to fight to protect the needs of patients - now and in the future. What better cause is there than the health of vulnerable children?"
Sir Roger Boyle, former national director for heart disease and stroke, said:
“I am very pleased that three Court of Appeal judges have found the "Safe and Sustainable" process for the public consultation to be fair, lawful and proper and that they have dismissed all of the unfounded allegations raised by the Royal Brompton Hospital. Today’s judgment is an important milestone for children with congenital heart disease as it brings improvements to their services a step closer.
“This is a landmark judgment for future NHS reconfigurations. The Court of Appeal has recognised that the process of public consultation – not costly litigation – is the most appropriate way for public bodies to express their views on proposed changes. The NHS must ensure that the clinical benefits for children and other patients come first – not the vested interests of individual hospitals.
“Now that the "Safe and Sustainable" consultation is no longer quashed, the Joint Committee is able to consider people’s consultation responses and the other evidence received. With an open mind the Joint Committee will give further consideration to options for change that include three surgical centres in London and to new proposals that have been submitted during consultation. The decision making committee will carefully consider all the evidence and prepare to make a final decision at a meeting in public on 4 July 2012.”
The Court of Appeal earlier decided that consultations - which led to proposals to close the children's heart unit at the Royal Brompton Hospital - were lawful.
Royal Brompton & Harefield NHS Foundation Trust reacts to the judgement
The Royal Brompton Hospital has lost its Appeal Court challenge over consultations that led to a proposal to close its children's heart surgery unit.
Here are some extracts from a statement released by the Royal Brompton & Harefield NHS Foundation Trust following the judgement:
“We remain convinced that there is a vital role for specialist cardiac and respiratory care for children and older patients to be fully integrated in a specialist Trust such as ours, which works with the significant research power of our partner Imperial College. We remain convinced that our highly respected services for patients in England and Wales will be harmed if our unit is dismantled."
“We regret that resources have had to be diverted to this legal case, but when serious assaults are made on patient care, when internationally acclaimed clinical teams are effectively put on notice, when groundbreaking research teams who may be on the cusp of a significant breakthrough in cystic fibrosis tell us their research will not be possible... then drastic measures are called for.
"We had to fight to protect the needs of patients - now and in the future. What better cause is there than the health of vulnerable children?”