Borough warns Health Secretary of legal action over hospital downgrade

The London Borough of Lewisham has threatened the Health Secretary with legal action unless he retracts plans to downgrade Lewisham Hospital.

Letters have been sent to Jeremy Hunt and Matthew Kershaw, the Trust Special Administrator (TSA) for the neighbouring South London Healthcare NHS Trust who made the recommendation for a downgrade.

South London Healthcare NHT Trust was put in administration as it was losing £1.3m a week. However, it is not responsible for Lewisham Hospital.

Lewisham Council’s letter to Hunt said: “The council’s firm view, on legal advice, is that the TSA had no power under the relevant statutory regime, to consider, or to make recommendations to you about, services provided by any NHS body other than South London Healthcare, the Trust to which you appointed him.

“It follows from this that you, in making a decision on the TSA’s recommendations, had no power to make a decision which purports to affect the operation of Lewisham Hospital.”

The council has set the Health Secretary a deadline of 22 February to withdraw his decision affecting Lewisham Hospital.

It said a judicial review challenge would be launched should he fail to do so.

Lewisham has also set up a legal challenge fund for local people to contribute to the legal action.

All the money raised will go to offset legal costs. If donations are subsequently not required (should for example the council be awarded its costs by the courts), the money will go to a local children’s charity.

Sir Steve Bullock, Mayor of Lewisham, said: “Secretary of State for Health Jeremy Hunt’s decision to press ahead with the downgrade of Lewisham Hospital’s maternity and emergency services was a kick in the stomach for Lewisham’s community.

“The plans were roundly rejected by local people, by the staff who work in the hospital and by local GPs. We will now fight to save Lewisham Hospital by challenging this decision through the courts.”