A judicial review challenge to Oxfordshire CCG’s decision to reconfigure services at the Horton General Hospital was heard by Mr Justice Mostyn on 6 and 7 December 2017. The challenge was brought by a group of District Councils and campaign group Keep the Horton General.
The proposed reconfiguration included the removal of obstetric services, 46 bed closures and the removal of level 3 critical care.
It was argued that the consultation was unlawful for numerous reasons, including the fact it was split into two phases where many issues dealt with in Phase 2 were interlinked with Phase 1 issues. In addition, the CCG failed to consult on the new bed closure test which was announced by Simon Stevens, Chief Executive of NHS England, on 3 March 2017.
Judgment was reserved, and Mostyn J ordered that the CCG do not take further steps in relation to the consultation or decision until judgment is handed down.