The High Court has today (9/10/14) granted permission for the case to proceed to a full hearing, meaning that the Judge has agreed the case is arguable. The news has been welcomed by Senedd Member, Russell George.
The Human Rights and Public Law team at Watkins & Gunn is acting on behalf of campaigners across Wales who are fighting to save the Welsh Air Ambulance Service from a re-organisation which it is feared could leave people living in remote and rural areas without sufficient emergency medical support. An application for judicial review was issued at the High Court in July.
The application challenges the lawfulness of the NHS Wales Joint Commissioning Committee’s (JCC) decision to adopt recommendations which would see changes to the Emergency Medical Retrieval and Transfer Service (“EMRTS”), including the permanent closure of Air Ambulance bases in Welshpool and Caernarfon.
The JCC is a commissioning committee made up of the seven health boards across Wales who act collectively to facilitate and manage the healthcare system.
Commenting on the news, Montgomeryshire MS, Russell George said:
“As campaigners, we believed that the decision taken by the NHS Wales Joint Commissioning Committee (JCC) in April to close and centralise the Welshpool and Caernarfon Air Ambulance bases was fundamentally wrong, and as campaign groups in both areas have been working together to challenge the decision.
“The reconfiguration of Air Ambulance Critical Care services in Wales, from a point before any of us had heard of the proposal to close the bases, has been a process filled with bias, misinformation, and misdirection.
‘’The High Court has now granted permission for the case to proceed to a full hearing, meaning that the Judge has agreed that the case is arguable, this is great news, and a very welcome step. A Judicial Review will allow a judge to re-evaluate the decision-making process, and I believe it would bring much needed transparency and objectivity and examine to what extent the process delivered a predetermined outcome.
‘’I’d like to thank supporters for their determination in seeing this through to a positive outcome. I also thank the Health Boards, clinicians, and other health professionals that have challenged or spoken out against the decision taken. I still hope decision makers will re-consider this decision, and work to regain the trust of the communities of rural Wales without being forced to consider doing so by a judge.”
Lucy O’Brien, Director and Solicitor at Watkins and Gunn says:
“Our clients are pleased that the Court has agreed that there is an arguable case that the JCC decision was made unlawfully. Many of those who live in the rural and coastal parts of Mid and North Wales feel that their rights to Air Ambulance coverage will be eroded by the JCC decision.
‘’Their nearest Accident and Emergency facilities can be very distant. The Air Ambulance is a lifeline for many communities and there should not be any reduction in its coverage without extremely careful consideration of the ways in which the negative impacts of the changes can be mitigated.
‘’Our clients will continue to fight for an air ambulance base to remain in Mid Wales and to ensure that decision-making processes are conducted properly and fairly.”
