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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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Charity

Christmas jumper fundraiser raises £360 for youth counselling

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A CHRISTMAS Jumper Day fundraiser held by staff at W.B. Griffiths & Son Ltd has raised £360 for the Megan’s Starr Foundation, helping fund vital mental health support for young people.

The money, presented to the charity by Carla and Liam, will pay for 10 professional counselling sessions for young people who are struggling and in urgent need of support.

The Megan’s Starr Foundation said the sessions provide a safe space for young people to talk, be listened to, and feel supported at a time when it matters most.

In a statement, the charity thanked the firm and its staff for getting involved, adding that access to timely support can be life changing and can help young people realise they are not alone.

The foundation said it was grateful to everyone at W.B. Griffiths & Son Ltd who took part, describing the donation as one that will have a real and lasting impact on local young people and their mental health.

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News

Investigation launched after man found dead near Carmarthen railway line

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POLICE are investigating the circumstances surrounding the death of a man whose body was found in a field close to the railway track near Carmarthen railway station.

Emergency services were called to the area at just after 8:30am on Saturday (Jan 10). Officers from Dyfed-Powys Police attended alongside paramedics from the Welsh Ambulance Service.

Witnesses reported seeing police and ambulance vehicles outside the station’s main entrance, with officers also in an adjacent field near a railway bridge.

Dyfed-Powys Police said the man’s next of kin have been informed and are being supported by officers.

A police spokesperson said enquiries are ongoing and the death is currently being treated as unexplained.

No further details, including the man’s age or identity, have been released.

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Crime

Former Gwent detective would have been sacked after off duty assault conviction

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Ex officer found guilty of gross misconduct following Devon incident and magistrates court conviction

A FORMER Gwent Police detective sergeant has been found guilty of gross misconduct after being convicted of assaulting a man while off duty in Devon.

Joanne Marston resigned from the force shortly before an accelerated misconduct hearing was due to begin at Cwmbran on Monday. The panel went ahead in her absence.

The hearing was told the incident happened in February 2024 while Marston was off duty in Devon. She was later arrested and charged with common assault, and was convicted at Exeter Magistrates’ Court in March last year.

A professional standards investigation concluded she had breached the police standards of professional behaviour relating to discreditable conduct. The panel upheld the allegation and found it amounted to gross misconduct.

Had she remained a serving officer, the panel ruled she would have been dismissed without notice.

Assistant Chief Constable Vicki Townsend, who chaired the hearing, said the former officer’s actions were “shocking and unacceptable” and warned that such behaviour damages public confidence in policing.

Marston will now be placed on the College of Policing barred list, preventing her from serving with any police force in the UK.

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