Campaigners consider legal action over child heart unit closures

The campaign, which is being led by the charity the Children’s Heart Surgery Fund, has lodged a “letter before action” to solicitors setting out its arguments should it decide to seek a judicial review.

The decision to close the unit was taken by the Joint Committee of Primary Care Trusts earlier this year following the largest consultation in the history of the NHS, which elicited 75,000 responses.

Also earmarked for closure are heart surgery units run by London’s Royal Brompton Hospital and University Hospitals of Leicester Trust. 

A statement from the charity stressed that it has yet to formally instruct lawyers to seek a judicial review “while it continues to consider its options”.

But Sir Neil McKay, chairman of the Joint Committee of Primary Care Trusts, said the fact the campaign group is even considering legal action is “hugely disappointing”.

“Children and their families have waited far too long for these vital services to be changed,” he said. “We believe our decision, backed by professional associations and national charities, was the right one to ensure high quality sustainable services for the future.

“Legal action will be costly for both sides and is deeply regrettable. We will mount a robust defence of the decision making process to ensure these vital changes are implemented as soon as possible.”

In July, 3,000 people demonstrated against the decision to close the children’s heart unit in Leeds. Prior to that, 600,000 people singed a petition to keep the unit open. ?Yorkshire’s joint health overview and scrutiny committee, which is made up of the region’s councils, has asked that the decision to close the unit be reviewed.

Sharon Cheng, director of the Children’s Heart Surgery Fund, said: “It is with regret and reluctance we have had to consider judicial review. As time is not on our side we have had to explore all the options available to us and we have been advised we have a compelling case, which we may decide to pursue to secure the future of the unit for parents and families.”