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The fight against the hugely controversial plan to shut the QEQM’s stroke unit is nearing its climax with campaigners gearing up for their final battle in court.
Marion Kepple, from Ramsgate, is leading a challenge against the NHS and its decision to close one of Kent’s six stroke centres, based at the hospital in Margate.
A joint committee of Clinical Commissioning Groups says the facility will be replaced by a “hyper acute stroke unit” in Ashford.
But critics say they were not consulted properly and that the area will be left with inadequate provision.
Lawyers at Irwin Mitchell, acting for Ms Kepple, applied for a judicial review, and the final stages are due to be held at the Royal Court of Justice from December 3.
Another challenge was made by Save Our NHS in Kent (Sonik) and this will be heard at the same time.
Ms Kepple and her team, including Cllr Karen Constantine and Sharon Goodyer, have been supported by the community, which raised £5,000 to help fund the legal fees.
Alex Rook, from Irwin Mictchell, says Ms Kepple and her fellow campaigners expressed concerns the decision to close the unit had been reached unlawfully and unfairly, without a thorough consultation considering the views of residents.
“She is therefore very pleased that the court has recognised the complexity and importance of the matter and listed it for a three-day hearing,” he said.
“It is likely the judge will want some time after the hearing to prepare a written judgment, but all parties are in agreement that the matter is urgent and needs to be resolved as soon as possible.”
Ms Kepple says the decision to shut the unit was completely unfair.
“We were told we could have our say, but the opportunity to keep a stroke unit at QEQM wasn’t even an option,” she said.
“I refuse to allow the joint CCG to treat me and the residents of Thanet in this way.”
Cllr Constantine says the case challenges the important principle and meaning of consultation and if successful could set an important precedent in Thanet.
She added: “The people of Thanet, who are the most disadvantaged and suffer the worst health outcomes have not been properly consulted and have certainly not been listened too.
“If the Judge rules in our favour it will have far reaching implications for our community and will shape the future of consultations here and elsewhere.”
People are being urged to get behind them and join them at the court in December.
'We believe we carried out a legal, rational, fair and lawful process' - Kent and Medway Stroke Review
An NHS spokesman for the Kent and Medway Stroke Review says the NHS believes it carried out a legal, rational, fair and lawful process.
"Despite the tireless work of our dedicated staff, our existing stroke services do not consistently provide the standard of care people should be able to expect," she said.
"They include three of the four units rated D in the south east. (A is the highest rating and E the lowest in the national Sentinel Stroke National Audit Programme (SSNAP), which is the authoritative source of stroke data in England, Wales and Northern Ireland.)
"Local and national stroke doctors agree that there is overwhelming evidence to show that the current under-performance of stroke services in Kent and Medway means more people are dying than would be expected, and people are being left with avoidable disability. This is wholly unacceptable and must change as a matter of urgency.
"While undertaking the review of urgent stroke services, the NHS in Kent and Medway considered the health and wellbeing of the entire population who use them.
"Factors taken into account included population growth, deprivation, travel times to potential hyper acute stroke units, and impact on specialist stroke staff.
"Challenges and checks undertaken during the review established that the medical evidence shows the timescales for reaching and receiving treatment at the new units are both safe and achievable, and that the option approved – for hyper acute stroke units at Darent Valley Hospital in Dartford, Maidstone Hospital, and William Harvey Hospital in Ashford – is the one that will best deliver the necessary improvements.
"This was the advice from local, regional and national specialists who are the most qualified, knowledgeable and experienced people to understand what works to improve stroke care.
"It was on this basis that the plans were agreed by the decision-making committee of local GPs from across Kent, Medway, Bexley and East Sussex.
"We believe we carried out a legal, rational, fair and lawful process.
"The decision to establish three hyper acute stroke units in Kent and Medway is supported by local, regional and national specialists, including the four hospital trusts and the senior stroke consultants in Kent and Medway.
"However, we will of course comply with any finding of the court.”
