Government attempts to change law in bid to downgrade successful hospitals.

This government has a problem. The Health and Social Care Act removed the Health Secretary from direct control of the NHS. This means that decisions about provision of services now rests with NHS England and Clinical Commissioning Groups.

However, the government has an ideological mission to shrink the state. It calls this project austerity. In removing the Secretary of State’s duty to provide a comprehensive health service they have created the legal framework for greater austerity within the NHS, and the end of universal healthcare provision. But at the same time have diminished their power to implement this austerity drive.

This is why the Lewisham Hospital case was so important. The government tried to use legislation around failing hospitals to reconfigure other local services. Lewisham was just the unfortunate recipient of this dangerous medicine.

25,000 people march to save Lewisham Hospital

The government lost in the High Court because what they were trying to do is illegal. They had no power and no rationale for closing a well performing NHS Trust Hospital in favour of a failing  PFI ridden Foundation Trust. They were trying to gerrymander the new healthcare market they have created within the NHS.

Now they are trying to change the law to allow them to reconfigure other local hospitals if one fails. They have tabled late amendments to the Care Bill (2013-2014). The purpose of which is to ‘put beyond doubt’ the Secretary of State and Monitor’s power to affect other local services if a hospital is failing financially. If this law passes they will then have the means to close A&Es and other local services, and have no duty to provide a comprehensive health service.

If you close a hospital's Accident and Emergency you cut off its supply of patients. It withers and dies. 

This just leaves me with the question, in whose interest is setting up a market based system of healthcare, and then rigging the market against those hospitals which perform well? Its certainly not in the patients’ interest.

How you can have an impact on this issue:

1. Read and follow the advice here.

Further Reading

1. Government wants free reign to close local hospitals claims medic. Miranda Pyrnne - The Telegraph
2. Late amendment to Care Bill “moves the goalposts” in fight over Lewisham Hospital, lawyer says Clare Dyer - BMJ
3. Lewisham Hospital Dowgrade - The Big Picture. Pete Campbell - Open Democracy, Our NHS.

The Care Bill (2013-2014) and its progress through parliament can be found here.