Administrative Court dismisses judicial review challenge to reconfiguration of stroke services across Kent and Medway

News Jenni Richards KC, Fenella Morris KC, Benjamin Tankel, Annabel Lee 26th February 2020

The Administrative Court has handed down judgment in a conjoined judicial review challenge to the proposed reconfiguration of stroke services across Kent and Medway. Two judicial review claims were brought against the decision of the Joint Committee of Clinical Commissioning Groups (CCGs) in Kent and Medway to close the existing acute stroke unit at the Queen Elizabeth the Queen Mother Hospital (QEQM) in Thanet and establish three hyper-acute stroke units elsewhere in the region. The court considered several grounds of challenge, most significantly, the duty of public involvement and consultation in section 14Z2 of the NHS Act 2006 and the duty to reduce health inequalities in section 14T of the NHS Act 2006. All grounds of challenge were dismissed. The claimants are considering applying for permission to appeal to the Court of Appeal.

Jenni Richards QC and Annabel Lee represented the second claimant, Marion Keppel, a local resident in Thanet, instructed by Irwin Mitchell LLP.

Fenella Morris QC and Ben Tankel represented the Joint Committee of CCGs in Kent and Medway, instructed by Capsticks.

The judgment is available here.

For press coverage of the case see below:

BBC News
Kent Online
The Isle of Thanet News

Related Barristers

Jenni Richards KC

Fenella Morris KC

Benjamin Tankel

Annabel Lee