Agenda item

• Caroline Webb, Senior Scrutiny Adviser, Scrutiny Services, Legal and Democratic Services, Resources Directorate, and Member Working Group (Councillors Ali, Falvey and Sims), to report.

Councillor Ali reported that the Joint Health Overview and Scrutiny Committee had referred the Joint Committee of Primary Care Trust’s (JCPCT) decision with regards to Review of Children’s Congenital Cardiac Services in England to the Secretary of State for Health.

The Joint Health Overview and Scrutiny Committee had referred the decision on the basis that it was not in the best interest of local health services across Yorkshire and the Humber nor the children and families they served.  The referral was made in accordance with the provisions set out in the Health and Social Care Act (2001) (as amended) and the associated Regulations (specifically Regulation 4(7)) and current Department of Health Guidance.

Their conclusions were:-

-        The range of interdependent surgical services, maternity and neonatal services were not co-located at proposed alternative surgical centres available to Yorkshire and the Humber children and their families

-        The dismantling of the already well established and very strong cardiac network across Yorkshire and the Humber – and the implications for patients with the proposed Cardiology Centre at Leeds essentially working across multiple networks

-        The current seamless transition between cardiac services for children and adults across Yorkshire and the Humber

-        Considerable additional journey times and travel costs – alongside associated increased accommodation, childcare and living expense costs and increased stress and strain on family life at an already stressful and difficult time

-        The implications of patient choice and the subsequent patient flows resulting in too onerous caseloads in some surgical centres with other centres unable to achieve the stated minimum number of 400 surgical procedures

Throughout the process, concerns had been expressed about the availability and timeliness of information and the lack of transparency about the decision making process.  The Joint Committee had reported it had not been able to consider all the information identified as being necessary to conclude its review and that all Joint Committee members felt that they had been unreasonably denied access to non-confidential information believed to be relevant to the review and the associated decision making processes.  A complaint had been lodged with the Information Commissioner’s Office regarding the lack of disclosure.

Along with the Joint Committee (Yorkshire and Humber), a number of other Health and Overview Committees had subsequently referred the decision to the Secretary of State for Health.  On the basis of the referrals, the Secretary of State had asked for the Independent Review Panel to examine the Joint Committee of Primary Care Trust’s decision making process.

Following the Joint Committee’s decision, a legal challenge was initiated by the Children’s Heart Surgery Fund (now being taken forward by Save Our Surgery (SOS) Ltd.).  The legal challenge was based on the premise that the decision making process was inconsistent and flawed.  The hearing of the Judicial Review was deferred pending the outcome of the Independent Review Panel.

Resolved:-  (1)  That the report and referral of the Joint Committee of Primary Care Trust’s decision by the Joint Health Overview and Scrutiny Committee to the Secretary of State for Health be noted.

(2)  That the Select Commission make a submission to the Independent Review Panel outlining its concerns about the review process.