Lawyers have written to the NHS body behind a consultation on the future of the Friarage raising concerns and warning that it could launch fresh legal action.
Irwin Mitchell says it has been asked by a member of the Save Friarage Hospital group to look at a recent consultation on urgent care treatment at the hospital.
Campaigners are unhappy that a proposal to maintain the A&E department were omitted from a public consultation.
Instead, residents were asked whether the A&E department, which has already closed, should be permanently replaced with either a 24-hour urgent treatment centre or a 16-hour urgent treatment centre.
Lawyers have written to NHS Hambleton, Richmondshire and Whitby CCG expressing concerns that the consultation was unlawful on several grounds.
Helen Smith, the specialist public law expert at Irwin Mitchell’s Newcastle office, representing the local resident, said: “Throughout this process we have stressed that we completely understand and appreciate the many challenges that the NHS has faced in recent times.
“However, that is no excuse for failing to properly consult on a key service within a community.
“For the fresh consultation not to include an option of maintaining A&E services is very worrying and seemingly just ignores the legitimate concerns of campaigners.
“The options put forward for consultation are extremely narrow and do not provide the public with an opportunity to have a say on the fundamental change to service provision, which is the removal of the A&E and associated services from the Friarage Hospital.
“We have written to health bosses arguing that a full consultation with an option of reinstating A&E services is held otherwise the campaign group may take legal action.
“It is vital that residents in the area can have a full say in this issue knowing that the views of all have been considered.”
Irwin Mitchell argues that the consultation breaches the statutory duty which the CCG is under and on principles of procedural fairness.
Campaigners say they were led to believe from a pre-consultation business case published in June 2019 that the consultation would include a third option, namely reinstatement of the A&E department in at least a limited form.
Other concerns related to the consultation included the idea that more could been done to recruit the key staff needed, as well as issues linked to the effect of such changes on the elderly.
Holly Wilkinson, campaign lead of the Save Friarage Hospital group, said: “We are hugely concerned by how the consultation has been carried out, particularly as it feels like the decision to switch to two options was seemingly made behind closed doors.
“The difference between the two urgent treatment centre options is so slight – literally a difference of eight hours. The consultation doesn’t seem to acknowledge that the loss of the emergency department would be a fundamental change to the hospital and its services.
“This would have a major impact on the wider community and would mean patients having to travel miles way to places such as Middlesbrough or Darlington for emergency treatment.
“It’s so disappointing that after months of work we find ourselves in this situation again. The local NHS authorities need to listen to the community and work with us on this issue, but once again we’re battling to be heard.”
Irwin Mitchell’s specialist Public Law and Human Rights have previously applied to the High Court for permission for a judicial review into the decision to close the A&E
However, the judicial review did not go ahead after South Tees NHS Foundation Trust and the CCG agreed to hold a full consultation into the future of services at the hospital.
A public consultation took place from 13 February last year to 17 January.
Hambleton Today has contacted the CCG for a response.
In response to the statement from Irwin Mitchell, the CCG said it was faced with a national shortage of doctors in emergency and critical care and it has not been possible to recruit those clinicians with the necessary skills to be able to run a safe A&E unit at the Friarage Hospital.
A spokesperson added: “The situation is not likely to improve any time soon and as a result, the decision was taken not to include this option during the recent public consultation. It would have been inappropriate and misleading for the CCG and partners at South Tees Hospitals NHS Foundation Trust to put this model forward when it is impossible to deliver amid such severe recruitment challenges.
“We are aware of the Save the Friarage group’s views about A&E and those comments will now be considered alongside the views of thousands of people who participated in the public consultation, with a report going to our Governing Body later this Spring.
“We firmly believe the Urgent Treatment Centre model – introduced on a temporary basis at the Friarage Hospital last year – is innovative and ground-breaking and delivers high quality care for the overwhelming majority of people who would have previously accessed A&E at the hospital.
“Furthermore, we believe the consultation process was robust and thorough and stands up to scrutiny.”
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