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Parents lose A&E closure challenge
08 January 2007
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".
The judge described how wheelchair-bound Jordan-Lee, who was born with global development delay, 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.
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.
Their lawyers asked for permission to seek judicial review, accusing the health authorities of carrying out a legally-flawed public consultation exercise.
Lawyers representing local health chiefs said the impact of the changes would not be "as great or disastrous" as the family fear.
Jenni Richards, appearing for the joint committee, told the court that 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.
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