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Fight for hospital services: Judicial review lost

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withybushdowngrade

CAMPAIGNERS fighting to retain services at Withybush Hospital have been dealt a huge blow. The judicial review has been lost.

Mr. Justice Hickinbottom has today, at The Cardiff High Court, handed down his judgement in respect of the judicial review by Anthony John Flatley and Hywel Dda University Health Board (The SWAT Judicial Review)

The 47 page document set out the reasons why the Judicial review brought by campaigners fighting to retain services had failed.

 

 

 

hickinbottom

Justice Hickinbottom

Justice Hinkinbottom wrote: “I do not find any of the Claimants’ applications made good. For the avoidance of doubt, whilst I appreciate that the Claimants’ underlying concern and complaint is about the substance of the relevant decisions (a question with which I am not concerned), given that the question of whether a procedure adopted is fair is ultimately a question for the court I should say that, on the basis of the submissions and evidence before me, I am wholly unconvinced that any aspect of the procedure adopted by the LHB or the Minister was unfair, or unlawful.

The conclusion of the report continued: “For the reasons I have given, these claims fail. Formally, I make the following order: Permission to proceed is refused. The substantive application for judicial review is dismissed. The application to set aside the refusal of permission to proceed with the public sector equality duty ground is refused.”

The Justice added: “I dismiss the application for judicial review, and in respect of all other grounds, I refuse permission to proceed.”

Lead campaigner Dr Chris Overton, chairman of SWAT, said: “We must remember that this is not an endorsement of the Health Board and Health Ministers plans for service change. It was simply a legal argument on whether the Health Board followed the rules and on the powers of the Health Minister.”

Campaigner Lyn Neville told The Herald: “This is a blow but it is certainly not the end. We must all keep fighting, this is not over because of the Judgement today. The Judge said the procedures followed by the Health Board and Minister were not unfair or unlawful, it does not mean they weren’t wrong. Pembrokeshire people will still suffer, lives will be lost, we must now fight on Equality and Human Rights grounds. This is not over!”

Read the whole Judgement here:  Judicial review judgement

3 Comments

3 Comments

  1. Peter Warrender

    July 10, 2014 at 11:01 am

    Justice Hinkinbottom wrote: “I do not find any of the Claimants’ applications made good. For the avoidance of doubt, whilst I appreciate that the Claimants’ underlying concern and complaint is about the substance of the relevant decisions (a question with which I am not concerned), given that the question of whether a procedure adopted is fair is ultimately a question for the court I should say that, on the basis of the submissions and evidence before me, I am wholly unconvinced that any aspect of the procedure adopted by the LHB or the Minister was unfair, or unlawful.

    The conclusion of the report continued: “For the reasons I have given, these claims fail. Formally, I make the following order: Permission to proceed is refused. The substantive application for judicial review is dismissed. The application to set aside the refusal of permission to proceed with the public sector equality duty ground is refused.”

    The Justice added: “I dismiss the application for judicial review, and in respect of all other grounds, I refuse permission to proceed.”

    Is he on drugs?

  2. Naomi Wadw-Jones.

    July 10, 2014 at 11:29 am

    STUNNED, at this minute I cannot say anymore.

  3. vicky moller

    July 11, 2014 at 12:01 am

    we must fight on, as the editorial says.
    Ideas?

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Crime

Pembroke Dock woman in court for failing to remove rubbish from property

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A PEMBROKE DOCK resident is due to appear before Haverfordwest Magistrates’ Court later today (Nov 25) for multiple alleged breaches of a community protection notice.

Sheena Deacon, of 13 Wavell Crescent, Pembroke Dock, faces charges under the Anti-social Behaviour, Crime and Policing Act 2014, which carries a maximum penalty of a Level 4 fine.

The charges stem from allegations that Deacon failed to remove accumulated household waste from her property on several occasions. According to court documents, the breaches occurred on September 19, September 26, October 2, October 9, and October 17 this year.

The charges indicate that Deacon, despite being issued with a community protection notice, did not comply with the requirements to clear and appropriately dispose of refuse and household waste from her address.

The Herald will bring updates on the case as it progresses.

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News

Welsh Conservatives urge Labour to scrap ‘family farm tax’

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THE WELSH CONSERVATIVES have announced plans to bring forward a Senedd debate next week (Nov 27) calling on the UK Labour Government to abandon its proposed “family farm tax.”

The tax, introduced by the UK Labour Government, is being criticised as a move that will harm Welsh farming, threaten food security, and increase food prices. Alongside the Welsh Government’s Sustainable Farming Scheme and perceived “anti-farming agenda,” critics argue this new tax amounts to a coordinated effort to undermine the future of agriculture in Wales.

Shadow Minister warns of consequences
Ahead of the debate, Welsh Conservative Shadow Minister for Rural Affairs, James Evans MS, condemned the proposal, stating:
“Labour’s family farm tax will put family farms out of business, threaten our food security, and lead to food prices rising. Only the Welsh Conservatives will stand up for our farmers, and that’s why we’re bringing forward a Senedd motion calling on Labour to reverse this decision. No farmers, no food.”

NFU Cymru expresses alarm
NFU Cymru President, Aled Jones, echoed these concerns, highlighting the widespread opposition from the farming community. Speaking about the impact of the tax on Agricultural Property Relief and Business Property Relief, Jones said:
“Earlier this week, hundreds of farmers from across Wales journeyed to London to meet with their MPs and register their deeply held concerns about these misguided and ill-thought-out reforms.

“The proposals unveiled by the Treasury last month to introduce a tax on the passing on of our family farms to the next generation are a massive added burden. They will leave many farmers without the means, confidence, or incentive to invest in the future of their business.

“NFU Cymru reiterates its call for the UK Government to halt these changes.”

The motion to be debated
The motion, set to be debated in the Senedd, reads:
“To propose that the Senedd:
Calls on the UK Labour Government to reverse its decision to impose a family farm tax on agricultural businesses.”

This debate is expected to attract significant attention, with Welsh farmers and rural communities keenly watching for the outcome.

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Community

Internet outage for two villages after exchange box destroyed

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RESIDENTS of Clunderwen and Llandissilio have been left without internet access following the destruction of an Openreach exchange box just outside Llandissilio village.

The incident occurred yesterday (Nov 23) when the box was reportedly demolished by a vehicle. The damage has resulted in a complete loss of internet services for the two villages, with repairs expected to take at least a couple of days.

Local residents have expressed frustration over the disruption, as the outage affects home businesses, remote workers, and households relying on internet connectivity for day-to-day tasks.

Openreach engineers have cordoned off the site, and work is ongoing to assess the extent of the damage. A spokesperson for Openreach has been contacted for comment but had not responded by the time of publication.

The vehicle involved in the incident has not yet been identified. Anyone with information about the collision is urged to contact the local police.

With repair timelines unclear, affected residents have called for increased communication from service providers to manage expectations during the outage.

“Bringing the community back online is a priority,” a local resident said. “We’re hoping Openreach can resolve the issue quickly and ensure it doesn’t happen again in future.”

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