LEGAL action against the hospital trust and health authority has been launched by campaign group Concern for Health in East Kent. On Tuesday afternoon papers were served after a CHEK meeting on Monday, attended by MP Julian Brazier, agreed to apply for a judicial review of both organisations.

CHEK's case is based on three main points: that the East Kent Hospitals NHS Trust's preferred option denies the people of east Kent legitimate expectations created by the Secretary of State's decision in December, 1998; misleading and contradictory statements about cancer services made in the Modernising Services in East Kent consultation document and alleged potential abuses of European law on human rights should Kent and Canterbury Hospital be downgraded. If the case goes to a full hearing more points may be added.

CHEK chairman David Shortt said the group had been working hard with its solicitors to build a solid case which should go the distance. "It is with a profound sense of sadness that we have had to undertake this action," Mr Shortt said.

"The trust, particularly the chairman, promised time and again to listen to people's concerns but they have simply ignored every word. There is nowhere left for us to go. The trust's plans would disadvantage almost 40 per cent of east Kent's population and, in the case of cancer, a far greater proportion. Thanet patients would suffer disproportionately. We have a duty, both to our members and to those countless others who are looking to us to save their services from decimation and vandalism."

It is likely that the initial hearing to see if there is a case to answer will take place within the next two weeks. A full hearing would take place within two to three months.

A CHEK spokesman said it was expected that the trust would be stopped from any planned action on the reorganisation until the case is heard. CHEK deputy chairman Ken Rogers said: "Legal action is not something one undertakes lightly but we have reached the last resort. The trust has refused to listen to reason, refused to face up to the facts and refused to acknowledge the genuinely felt concerns of hundreds of thousands of patients and potential patients. It only has itself to blame for this action.

"The great sadness is that whatever the outcome tens of thousands of pounds which could have been spent on patients will go to the courts." CHEK is still seeking financial support for the legal costs and anyone who can help should contact Mr Shortt on 01227 470211.