Reprieve for Brompton from High Court judge

Children’s heart surgery at London’s Royal Brompton has won a High Court reprieve, after a ruling declaring that the planned closure of the unit as part of a wider reorganisation was unlawful.

Sir Ian Kennedy’s evaluation of the three hospitals offering children’s heart surgery decided that the Brompton unit should close, rather than that of Great Ormond Street or the Evelina, following years of investigation by a committee of PCTs supported by many healthcare professionals.

Concentrating surgery in fewer centres will offer the best care with the most experienced surgeons, the review makes clear, but Mr Justice Owen ruled yesterday that the consultation recommending the Brompton closure went “radically wrong” and was unlawful because it had been unfair to the hospital trust.

This was centred around the decision not to allow it to submit extra evidence on its research late on in the process once it realised how important this could be to the final decision.

Chief executive of the Royal Brompton and Harefield NHS Foundation Trust, Bob Bell, said: “It is the culmination of a struggle that has lasted many months and has, at times, been unpleasant and deeply stressful. It would have been so much easier to simply accept the plans of the joint committee of PCTs back in February, but we felt the stakes were simply too high.

“We could not sit back and watch while flawed plans to dismantle our specialist children's services at Royal Brompton were drawn up by bureaucrats – plans which we knew would have a harmful effect on patient care.”

The joint committee said it “respectfully disagreed” with the ruling and would appeal, and chairma
Sir Neil Mackay said it was based on a technicality that would not have altered the decision to recommend closure.

The judge acknowledged that but said a higher score for the Brompton because of its research could have boosted public support for keeping all three hospital units open.

Royal College of Surgeons president Norman Williams said: “While it would be understandably disappointing for those high-performing units that would need to close as a result of the review, these decisions have to be been taken in the very best interest of the patients involved.

“Surgeons agree that comprehensive, stable and safe children's heart surgery services would be best delivered in fewer centres, staffed by a minimum of four surgeons who are able to offer 24-hour care and support for each other. It is deeply concerning that a national issue with widespread support from the profession can be held up in this way.”