Parents of disabled boy lose A&E closure challenge

A judge ruled the case launched on behalf of Jordan-Lee Fitton was "unarguable" and his application for permission to seek judicial review must be dismissed.

Mr Justice Bennett, sitting at London's High Court, said he realised his decision would "come as a great blow to the claimant and his family and the public in Rochdale".

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The judge described how wheelchair-bound Jordan-Lee suffered from acute seizures which could last up to 15 days.

When seizures occurred, his family had to administer medication, but if that did not stablise his condition in five minutes, he had to be taken to Rochdale Infirmary's accident and emergency (A&E) department in Greater Manchester, a five-minute journey by car.

Local health chiefs are planning to close the A&E department and replace it with an urgent care centre.

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His parents David and Lisa-Louise Fitton, from Smallbridge, near Rochdale, say the closure will mean mean an extra 25-minute drive to the nearest A&E at Oldham and could prove life-threatening.

Mr Fitton, 42, said: "Rochdale A&E is Jordan-Lee's lifeline. We are playing with his life."

Their lawyers asked for permission to seek judicial review, accusing the health authorities of carrying out a legally-flawed public consultation exercise.

They argued that the option of keeping Rochdale's A&E open when local hospital services are reorganised had been unlawfully "shut out".

Lawyers representing local health chiefs said the impact of the changes would not be "as great or disastrous" as the family fear.

Jordan-Lee was born with global development delay, which prevents him from walking or talking.

His brother, Dion, died aged five last October from the same condition.

The Rochdale A&E closure proposals arose out of Healthy Futures, a review of hospital services also affecting the Royal Oldham, North Manchester General and Fairfield Hospital in Bury.

The review was organised by local primary care trusts which set up the Healthy Futures Joint Committee of Primary Care Trusts.

Jenni Richards, appearing for the joint committee, told the court: "The defendant's position is clearly that decisions on NHS reorganisation cannot sensibly be taken by reference to the needs of an individual patient."

But there was expert medical evidence that, if an emergency did arise and a 999 call was made, ambulance officers could give Jordan-Lee immediate care while he was taken to the Royal Oldham A&E.

Alternatively, if his carers took him to the new urgent care centre at Rochdale Infirmary, he would be "stabilised" there before being transferred to the Royal Oldham.

Defending the public consultation process, she said the joint committee had taken "an entirely lawful and legitimate approach".

Ms Richards also accused the Fitton family of delaying too long in launching their challenge.

She said the consultation process already undertaken had cost up to £1 million, and there could be further "massive expenditure" from the public purse if the committee is forced to consult again.