High Court grants judicial review of decision to close mid-Wales air ambulance bases

Emily Price

A High Court judge has granted permission for a judicial review into a decision to close air ambulance bases in Caernarfon and Welshpool.

The NHS Wales Joint Commissioning Committee (JCC) rubber stamped the closure of the bases in favour of moving the service to a site in northeast Wales earlier this year.

Campaigners feared the re-organisation could leave people living in remote and rural areas without sufficient emergency medical support.

The Human Rights and Public Law team at solicitor firm Watkins & Gunn acted on behalf of campaigners and submitted an application for judicial review to the High Court in July.

On Wednesday (October 9) the High Court granted permission for the case to proceed to a full hearing – meaning that the judge agreed the case is arguable.

Permanent closure

The application challenged the lawfulness of the JCC’s decision to adopt recommendations which would see changes to the Emergency Medical Retrieval and Transfer Service, (EMRTS) including the permanent closure of air ambulance bases in mid-Wales.

The JCC is made up of the seven health boards across Wales who act collectively to facilitate and manage the healthcare system.

The EMRTS provides pre-hospital, critical care, as well as time-critical, life or limb threatening adult and paediatric transfers from hospitals to specialist centres.

Poor weather

The service is delivered via a partnership with the Welsh Air Ambulance Charity, and currently operates four helicopters from bases at Cardiff, Dafen, Caernarfon and Welshpool.

When the helicopters are unable to fly due to poor weather conditions, EMRTS also operates a number of rapid response vehicles.

A recent review of the service was conducted by the Chief Ambulance Service Commissioner and involved three public engagement phases.

The review recommended the closure of the two bases and suggested a new base in north Wales with new times of operation.

Campaigners say this would reduce the number of helicopters available at key times and those living near active bases could face difficulties when helicopters are unable to fly, as any service they receive would be slower due to the increased distance by road.

Quash

The judicial review claim has been brought by a local resident of Bryncrug who is asking the court to quash the JCC’s decision.

Lucy O’Brien, Director and Solicitor at Watkins and Gunn said: “Our clients are pleased that the court has agreed that there is an arguable case that the JCC decision was made unlawfully.

“Many of those who live in the rural and coastal parts of mid and north Wales feel that their rights to air ambulance coverage will be eroded by the JCC decision. Their nearest accident and emergency facilities can be very distant.

“The air ambulance is a lifeline for many communities and there should not be any reduction in its coverage without extremely careful consideration of the ways in which the negative impacts of the changes can be mitigated.

“Our clients will continue to fight for an air ambulance base to remain in mid Wales and to ensure that decision-making processes are conducted properly and fairly.”

‘Serious concerns’

Dwyfor Meirionnydd MP Liz Saville Roberts and Senedd Member Mabon ap Gwynfor have also headed calls for the air ambulance bases to be retained.

The Plaid Cymru politicians said: “This is a significant step forward in the fight to keep the Air Ambulance flying from Caernarfon and Welshpool and testament to the resolve of all those involved in the campaign to safeguard a service that is dear to us all. Securing a Judicial Review is by no means an easy ask.

“We have far from been assured that the areas most at risk from plans to close both bases such as Pen Llŷn, south Meirionnydd, Ynys Môn, and mid Wales won’t be left with a slow-track and substandard service.

“It is not unreasonable therefore for people to have serious concerns that we will have a significantly inferior service with the closure of both Caernarfon and Welshpool sites.

“We remain steadfast in our view that both Caernarfon and Welshpool Air Ambulance bases must be retained as operational bases for the helicopters.”