Lewisham Council goes to court over Lewisham Hospital

Lewisham Council has issued an application for judicial review of the decisions of the Secretary of State for Health and the Trust Special Administrator in the High Court and has already succeeded in delaying implementation of any changes to Lewisham Hospital.

The Council is asking for the court to review the recommendations of the Trust Special Administrator (TSA) affecting Lewisham Hospital and the subsequent decision to accept those recommendations by the Secretary of State for Health.

The Council has also secured an undertaking that no service changes affecting Lewisham Hospital as a result of the Secretary of State’s decision will be implemented before the matter has been dealt with by the court.

In setting out its grounds for review the Council states: “Both decisions are ultra vires. The TSA was appointed to South London Healthcare Trust only. He was not appointed to Lewisham Healthcare NHS Trust. The Unsustainable Provider Regime (UPR) confers powers on a TSA and on the Secretary of State respectively to make recommendations, and to take action, about the NHS Trust to which the TSA has been appointed. But they are limited to that NHS Trust. The UPR confers no powers either on the TSA to make recommendations or on the Secretary of State to take action, about an NHS Trust, such as Lewisham Healthcare, to which a TSA has not been appointed.”

Additionally the Council has asked the court to expedite the matter so that it is heard as soon as possible.