Campaigners said they have been vindicated after a High Court judge ruled that United Lincolnshire Hospitals Trust did not consult properly when it downgraded Grantham Hospital into a COVID-free site.
Following a review in March, Mr Justice Linden ruled that the trust breached its legal duty to consult people on the changes, and said the decision taken in June 2020, which saw a number of services transferred out of the hospital and the creation of an Urgent Treatment Centre, had been unlawful.
United Lincolnshire Hospitals Trust has apologised following the result and said it will not appeal the decision.
There had been “a total failure” of the trust to comply with the National Health Service Act and consult with residents
The less than three-day consultation period was not enough to be meaningful or fair
The legal duty to involve service users could not “be sacrificed” without clear evidence
The reason for the approach the trust took appeared to have been led by a concern about “messaging” and the “reaction of service users”
The evidence for a lack of resources and need for urgency was “thin” and “weak on facts”
A decision on the proposed green site had been made by May 12 at the latest and “steps could and should have been taken to involve service users in the development and consideration of the proposal”.
There was “no good reason” why publicity could not have been taken at that stage
That media interviews had not been enough to enable service users to understand the proposal or a fair opportunity to respond
That the board limited feedback to be written questions at a subsequent board meeting and did not answer all
That publicising the decision after it had been taken did not amount to meaningful involvement in the making of the decision.
Justice Linden said: “The perspective and concerns of the consumer of the services will lead to better informed decisions and will increase the likelihood that the human impact and implications of plans, proposals and decisions are taken into account.
“The present case illustrates how failure to involve service users in decision making will foster a sense of injustice or, worse still, undermine confidence in the good faith of the decision maker.”
He did, however, add that the quarterly reviews carried out after were meaningful, proportionate and fair. He rejected a contention whether there was sufficient reasons for why the decision was to last for “at least nine months”.
Justice Linden also noted “numerous patients” had welcomed the changes and that the decision itself was “perfectly rational and was taken in good faith and for proper purposes”.
Campaigners cautiously welcome judicial victory
SOS Grantham Hospital chairman Charmaine Morgan said: “It’s a real vindication the concerns of all the concern of the people in the Grantham area. We knew it was wrong, our main concern now is getting the services fully restored.
“It’s a huge relief to hear the trust are not planning to appeal the decision. It was a strong judgement and I feel that would be the best course of action for them to take.
“I hope they will take in the message that they must properly consult in the future.”
Councillor Charmaine Morgan. | Photo: Steve Smailes for The Lincolnite
However, she said campaigners would continue to watch ULHT, particularly around a follow-up decision earlier this year which agreed to restore some services — but not all — and which opponents say also did not give enough consultation time.
Of particular concern, she said, were the acute care unit, long stay medical wards and “full-training” facilities.
The case was brought by Jayne Dawson, who was represented by Irwin Mitchell. She said: “I am pleased the court’s decision is so clear. ULHT should have involved local people before the changes were made.
“While I understand the need for specialist care for those affected by the pandemic, local patients like me were put at risk of increased transmission of COVID-19 travelling out of the area for treatment.
“It was difficult for disabled and elderly people to travel, as I personally experienced. COVID cases in Lincolnshire were lower than other places, and yet the action taken was more drastic.
“I hope that ULHT will now restore the services to Grantham in full and make sure people are involved properly in plans for the future of Grantham Hospital.”
Decision in good faith, but apologies over lack of consultation
Andrew Morgan, the CEO of United Lincolnshire Hospitals Trust, said the trust regrets it “didn’t involve service users sufficiently whilst making temporary changes to our services to protect the health and well-being of our patients during the COVID-19 pandemic”.
“We apologise to anyone who would have liked to have been more involved in the development of our plans. We accept the ruling and will not be appealing.
“We note that the issue in this case was the process by which the decision to create a Grantham green site was reached, rather than the merits of the decision itself.
“We are pleased that the judge has rejected the claim that the decision itself was unsound, and makes clear that the decision was perfectly rational and was taken in good faith and for proper purposes.
“The judge also commented that there is evidence that numerous patients welcomed the changes and that this is unsurprising given that the decision itself had a great deal to commend it and appears to have been beneficial to many members of the community in Lincolnshire.
“We will reflect on the judge’s ruling and amend and improve our public involvement processes for the future.”
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A dangerous sex offender who went on the run from police for three days after absconding from an open prison in Lincolnshire pre-booked a taxi to make his escape, a court heard.
Gary Butcher, 55, who is serving a life sentence for burglary after being jailed in 1995, absconded from HMP North Sea Camp near Boston on May 31.
Police previously said that after further enquiries they could confirm that his previous offending also included a number of serious sexual offences towards women.
After appearing at Derby Crown Court, Butcher has now been ordered to serve an extra six months in jail.
Butcher flagged down a passing police car and approached an officer from Derbyshire Constabulary in the Swadlincote area of Derbyshire to hand himself in on June 3.
At the time Lincolnshire Police also said that a 56-year-old man was arrested on suspicion of assisting an offender. The man was also an inmate at HMP North Sea Camp, but never left the prison himself and was returned to closed prison conditions.
Butcher has since pleaded guilty at Derby Crown Court to escaping lawful custody.
Prosecutor Adam Pearson told the court Butcher booked a taxi from his cell using an illegal mobile phone the night before he escaped, according to the BBC.
He then stole a bicycle from the prison just after midnight and rode to Boston where he was taken by the taxi to Coalville in Leicestershire.
He paid £150 for the journey with cash he had withdrawn earlier, the barrister said.
Butcher’s escape was only discovered when his cell was found empty the following morning.
Mr Pearson said Butcher absconded as he was worried he would be returned to a closed prison after losing his job on the prison farm.
Defence barrister Lewis Kerr disputed the reason for escape saying that his client had been shown indecent images by another prisoner and decided to abscond as he felt he could not report it to prison authorities.
Judge Penelope Stanistreet-Keen said the reason why Butcher left was “immaterial” and that him “being at large would cause consternation with the public”.
Over 500 riders took part in the annual C2C2C 100-mile bike ride across the county to raise over £30,000 for local charities and good causes.
All the entry donations from the 536 riders raised around £25,000 which will be donated to local charities. In addition, 24 riders raised an extra £9,000 sponsorship for St Barnabas Hospice in its 40th birthday.
The riders started the ride during the morning of Thursday, June 30 from Lincoln Rugby Club on Lodge Lane in Nettleham before taking in some of the area’s most beautiful landscapes in the Lincolnshire Wolds.
The team from Stokes Tea. Left to right – Darren Bavin, Nick Peel, Paul Coulson, Jack Pearce, and Crispin Victoria. | Photo: Steve Smailes for The Lincolnite
They then headed to the coast at Saltfleet before the exhausted riders made their way back to Lincoln Rugby Club later the same day.
The cycling event known as Castle 2 Coast 2 Castle (C2C2C for short) happens ever year and the 2021 ride raised £30,000.
Members of the Stokes Tea & Coffee team were among the riders and kept the other cyclists caffeinated with coffee stations along the route too during what was a very successful event.
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