Philip Havers QC and Jeremy Hyam have successfully represented the Save Our Surgery group in a judicial review challenge to ‘Safe and Sustainable’ paediatric heart reconfiguration.

In this important challenge to the “Safe and Sustainable” review of paediatric cardiac surgery, heard before Mrs Justice Nicola Davies DBE, the High Court identified serious unfairness to consultees in the failure of the Joint Committee of Primary Care Trusts (JCPCT) despite requests, to disclose relevant and material information as to how Quality had been scored thus depriving one of the affected centres of the opportunity to make intelligent and informed responses to the consultation. The Court also concluded that the JCPCT had failed to look at the sub-scores themselves in their decision making when they were a material consideration thus rendering the JCPCT’s decision on reconfiguration unfair.

Philip Havers QC and Jeremy Hyam appeared on behalf of Save our Surgery Ltd and Marina Wheeler led by Dinah Rose QC represented the JCPCT.