Lewisham Council and the Save Lewisham Hospital Campaign have won the appeal brought by Secretary of State for Health Jeremy Hunt against the High Court ruling to quash his decision to downgrade of Lewisham Hospital emergency and maternity services.
The verdict was delivered on Tuesday 29 October confirming that the Secretary of State and the Trust Special Administrator did not have the legal powers to make changes at Lewisham Hospital under the Unsustainable Provider Regime (UPR).
Lewisham Hospital would like to reassure patients that no services are changing now and all services are running as usual.
The legal challenge
The Council and the Save Lewisham Hospital campaign challenged the decision made by Jeremy Hunt on 31 January 2013 to reduce maternity and A&E services at Lewisham Hospital. At a hearing in the High Court from 2–4 July 2013 the Council argued the decision was beyond the powers set out in the Unsustainable Provider Regime (UPR). The UPR confers powers on a Trust Special Administrator and on the Secretary of State respectively to make recommendations, and to take action, about an NHS Trust to which the TSA has been appointed, in this case the South London Healthcare NHS Trust. The Council argued it conferred no powers to take action about an NHS Trust, such as Lewisham Healthcare, to which a TSA had not been appointed.
Read the full judgement from Mr Justice Silber