Velindre Cancer Centre: Judicial review rejection upheld

An artist's impression of how the new Velindre Cancer Centre at the Northern Meadows would look

A High Court judge has upheld a decision to refuse a judicial review into a new cancer centre in Cardiff.

A different High Court judge previously rejected campaigner Catherine Lewis' request for a judicial review on 21 September.

Campaigners called for the review after the Welsh government gave the go-ahead for the planned hospital in March.

The court had ordered that Ms Lewis should pay more than £46,000 in legal costs.

Mr Justice Eyre, overseeing the hearing in Cardiff where it was argued permission for a judicial review should have been granted, dismissed those arguments.

"The test is whether the judicial review claim has a real prospect of success," he said.

• Cancer centre judicial review rejected by judge

• Legal challenge against new cancer centre

In the request for a legal challenge, campaigners claimed there were several legal issues with the hospital's application, including problems with the environmental impact and the clinical model.

Catherine Lewis wanted the Welsh government to look at other options

Ms Lewis, who has been treated for breast cancer at Velindre Hospital, said the government failed to consider building at the University Hospital of Wales (UHW) and would be in breach of a legal duty to maintain and enhance biodiversity by building the replacement in Whitchurch.

The campaign had previously raised more than £23,000 through crowdfunding to apply for the judicial review.

A leaked letter revealed how an advisory board of cancer experts warned against building the new Velindre hospital on the site.

The letter argued that building a standalone site would be worse for patients and research compared to building a new hospital next to a large general hospital like UHW.

The judge said a major inquiry into the plans advised that building the hospital next to UHW could delay the new cancer hospital by several years, while the need for a new hospital is urgent.

"I'm fully satisfied that the defendant was in a position to conclude properly and reasonably that it had the information adequate to make a proper decision," he said.

The judge also dismissed the argument that the Welsh government was in breach of a legal duty to protect, maintain and enhance biodiversity.

The existing Velindre Hospital is based in Whitchurch - and the new facility will be close to this site

Ms Lewis said the legal costs incurred by the Welsh government and Velindre University NHS Trust, that she was ordered to pay in September were excessive and said she felt bullied.

Mr Justice Eyre said he was "struck by the fact" the health board's costs were "more than three times" the Welsh government's legal costs and said it was a "disproportionately high figure."

However, he declined to make a ruling on costs, as there might be an Aarhus Convention claim, where a court is asked to examine the activities of a public body in relation to environmental considerations.

He will make a full ruling, on paper, at a later date.

Velindre University NHS Trust welcomed the court's decision, adding: "We remain committed to delivering and improving non-surgical tertiary cancer services for the population of south-east Wales."

'Farcical'

Meanwhile, the Save the Northern Meadows campaign group said the decision to refuse a judicial review was a "failure of the legal system" to hold the Welsh government accountable.

"The decision made today ensures the people of south east Wales will always receive worse cancer care than what is provided in England, and slapped with a higher economic, clinical, and personal cost for it," it said.

The group also described a lack of an environmental regulatory or enforcement body in Wales, following Brexit, as "farcical".

The campaign group said it would continue to stand with Ms Lewis and fight "any development on the meadows".

The plans are for the cancer centre, on the Northern Meadows in Whitchurch, claim it will provide specialist treatment,and include facilities for learning, research and development.

Preparations for the site's construction drew protests last month, with two women arrested.

Building work on the hospital itself is scheduled to begin in March 2023 and it is due to open in summer 2025.