Shropshire Community Health NHS Trust concede that their decision to close Bishop’s Castle Hospital was unlawful, following judicial review challenge

A decision on Thursday 7th October 2021 by Shropshire Community Health NHS Trust to close Bishop’s Castle Hospital in Shropshire has been quashed, following the institution of judicial review proceedings by a local resident.

In its 15th October 2021 press release, the Trust had argued that the closure of the hospital was temporary and taken on safety grounds, due to inadequate staffing levels.  Notwithstanding those issues, the Trust failed, contrary to its obligations under s.242 National Health Service Act 2006, to make arrangements to secure the involvement of the users of the hospital prior to the closure decision.  Whilst the Trust had originally sought to place reliance upon the steps taken to involve users following the 7th October 2021 decision, it subsequently accepted that such actions were insufficient to satisfy the statutory requirements and conceded the judicial review challenge.

David Lemer, instructed by Michael Imperato of Watkins Gunn Solicitors, acted for the Claimant.

Media coverage: County Times, Shropshire Star.