SPOTLIGHT
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What now for deprivations of liberty?

What will the effect of the postponement of the Liberty Protections Safeguards be on local authorities? Local Government Lawyer asked 50 adult social care lawyers for their views on the potential consequences.
SPOTLIGHT

A zero sum game?

The number of SEND tribunal cases is rising and the proportion of appeals ‘lost’ by local authorities is at a record high. Lottie Winson talks to education lawyers to understand the reasons why, and sets out the results of Local Government Lawyer’s exclusive survey.

CCGs defeat court bid to stop NHS reorganisation

Two clinical commissioning groups (CCG) have hailed a written judgement as vindicating a controversial service reorganisation in South Tyneside and Sunderland, although campaigners have warned they plan to appeal.

South Tyneside and Sunderland CCGs has won a judicial review held in the High Court last winter but for which the written judgment has only now become available.

The changes affect hospital-based stroke, maternity, gynaecology and urgent paediatric care.

Matt Brown, director at NHS South Tyneside CCG, said: “We are pleased that the written judgement…shows, very clearly, that the judge supported our decision for phase one of the Path to Excellence programme and found our robust public consultation in 2017, undertaken together with NHS Sunderland CCG, to be a fair and lawful process.

“While we understand people's natural concerns about changes to healthcare services, these changes have always been about doing what is right for our patients and protecting hospital services which are extremely vulnerable.”

Mr Brown said that since the hearing last December new independent data had shown that the quality of stroke services had risen significantly. The other changes are to be implemented this month.

The Save South Tyneside Hospital Campaign (SSTHC), which took the CCGs to court, said: “The people of South Tyneside via the SSTHC legal case still have the right to further their legal case and challenge the decision of Judge Mark Raeside QC in the Hight Court.

“The SSTHC is disappointed at the delay in obtaining the formal written judgment from the High Court.”

The group said it had intended to appeal since the hearing in December 2018 and said it was “unacceptable” that the CCGs had decided to implement the other changes from 5 August while being “fully aware of [our] intention to appeal the decision of the High Court.

“The papers will be lodged in the Court of Appeal imminently.”