The Rollercoaster Ride

With a legal challenge of this scale, complexity, and importance, I have always said this was going to be a marathon and this is certainly proving to be the case. The initial decision by the Honourable Mrs Justice Moulder DBE (which surprisingly had no date), was that approval for a Judicial Review was not granted. In his robust response, our QC stated:

Given the copious evidence provided by the Claimant in his August 2020 booklet and the reports relied on by him (see para 50 of Claimant’s Grounds) the judge was wrong to have found that the Claimant has not shown there is an arguable case of systemic failure on the part of the Defendants. Our QC is referring here to my extensive analysis of the CHC scandal (using NHS England's own data) and the damning criticism (hundreds of pages of it) from expert regulatory and scrutiny bodies - the NAO, PAC, CQC, PHSO and the CHC Alliance (17 charities). So there is a huge amount of evidence that there is systemic failure and unlawfulness across the CHC system. I also note that the relatively junior judge appears to be an expert on capital markets and derivatives, has not practiced as a barrister and seems to have little experience of public and health law. So we have renewed the Judicial Review application and have an initial Oral Hearing in the High Court on 23 June - with a different Judge. Our QC told me, "It is very common for cases to be successful after initial refusal and I remain of the view that we have a good case, which is of such importance to a substantial number of people that it should be fully ventilated and given careful consideration by the court.” Funding You will appreciate that this whole legal process is enormously expensive. We are currently £12,000 in credit but to fund the above legal activity, we need to reach £100,000 of the £120,000 CrowdJustice target (another £7000) - and soon. With your continued support, I am sure this is achievable. I think you would agree that, having come so far, to withdraw this Judicial Review application due to lack of funds, would be an absolute tragedy. There is a good chance of the Judge granting approval on 23 June and once we have that, there will be considerable press interest and we are confident that other funding streams, which we have been working hard on, will start coming to fruition. Thank you all for your fantastic support. Please continue to donate what you can afford and also spread the word (and the CJ link) to your network of colleagues, family and friends - some of them will almost certainly need CHC funding in the future. The bottom line is that we cannot allow officials in NHS England and the Department of Health and Social Care to break the law and, in the process, cause emotional and financial devastation to thousands of very ill people. With best wishes, Rear Admiral Philip Mathias and the Campaign Team

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