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Legal challenge against transfer of services from Stafford's County Hospital ruled out

A top lawyer from one of the country's leading chambers has ruled out a legal challenge 'at present' to the transfer of services from the County Hospital in Stafford.

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A special meeting of Stafford Borough Council has been called for next Monday to discuss the advice of David Wolfe QC from Matrix Chambers.

The borough council agreed at an extraordinary meeting last year to appoint lawyers to look in to the legality of the steps being taken to transfer key services from the hospital to Stoke such as maternity, paediatric and consultant-led obstetrics. Stafford Borough Council leader Mike Heenan has said that health bosses are 'crossing the line' by downgrading services.

However, the new report says that two previous applications by 'third parties' to have a judicial review of the decision to follow the recommendations of the trust special administrators were refused by the High Court. Parliamentary candidate Kate Godfrey and the Support Stafford Hospital groups both had their bids vetoed.

Since then, lawyers on behalf of the borough council have scrutinised the process carried out by the University Hospitals North Midlands NHS Trust and the legality of their plans to implement the proposed transfer of services.

Council members will receive a copy of the advice from the QC which will say that there is 'no basis for a legal challenge at present.'

The council will be asked to consider what further action should be taken.

In regards to the transfer of maternity services to Stoke and Wolverhampton's New Cross Hospital, Councillor Heenan said: "I was devastated by this. The people of Stafford have indicated clearly that they do not support the movement of consultant-led maternity services to UHNS and Wolverhampton. I immediately consulted our solicitors with a view to pursuing a legal challenge.

"We must take their advice on the timing and type of action this would mean as my only aim is to ensure we protect a full maternity service at Stafford Hospital, and to do that we need the proper and professional legal advice.

"Maternity services have always been the red line for me."

Gavin Russell, associate medical director at UHNS said there were 'current and emerging concerns' around the safety of certain services at County Hospital.

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