Judicial Review on Wales Air Ambulance planned changes hears some financial information was incorrect

The hearing at the County Court challenges the lawfulness of the NHS Wales Joint Commissioning Committee’s (JCC) 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 Welshpool and Caernarfon.

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

The judicial review claim has been brought by a resident of Bryncrug and has been backed by campaigners. 

The permanent closure of the Welshpool and Caernarfon Air Ambulance bases, announced last year, has faced widespread opposition from people across mid and north Wales.  

Campaigners argue that the reconfiguration will lead to slower response times for critical care in rural areas. 

The JCC has proposed introducing Rapid Response Vehicles as an alternative, a move campaigners label deeply unsatisfactory and inadequate. They cite a lack of clarity on how the Rapid Vehicle system would function, its funding, and its vulnerability to rural challenges such as extreme weather or road closures.

The hearing is scrutinising the JCC’s decision, with legal representation provided by Watkins & Gunn’s Human Rights and Public Law team. 

Representing the campaigners, Ms Clements KC said Welsh Government statutory guidance on substantial and controversial health service changes recommends ‘continuous engagement’.

The guidance also includes a list of items to be included in a consultation such as financial implications and that was missing when members were presented with six possible options.

Ms Clements KC said a previous proposal was first put forward in 2021/22 but because of significant concerns from the public, politicians, community health council members and community groups, it was scrapped and the process started over.

She said Llais, the public’s voice on health and social care services, and another party raised concerns about a lack of public consultation following phase 2 in the current process, when six shortlisted options were presented. They complained that the pros, cons and costs of the various options were missing.

Eventually a four week consultation took place with costs for the shortlisted options. A 7^th option was introduced which included extra rapid response vehicles for North Powys and North West Wales coastal areas.

Ms Clements said it was only acknowledged on January 9 2025 that data for option four was incorrect and under costed.

She said it is acknowledged that the cost of one car for a 12 hour shift is £550,000 for a year and some of the options included two cars which would be £1.1million.

She said option seven - the rapid response vehicles in Powys and North West Wales - would include two cars for 24 hours a day, a cost of £2.2 million, which was not included.

She said there was no evidence how members of the appraisal team would have valued the options if they had been presented with the correct information and no one could know what consultees would have made of the options if they had known the correct data.

The chief executive of Betsi Cadwallader Health Board Carol Shillabeer and other health board leaders raised the need for further information on the Rapid Response Vehicle addition at a recent private meeting.

Campaigners hope the review will bring transparency and lead to a reversal of the controversial plans.

The claimant is asking the Court to quash the JCC’s decision to adopt the recommendations, and to grant an injunction prohibiting the defendant's health boards from taking steps to implement the recommendations.

The judge will continue to hear the arguments tomorrow (Thursday) and make a determination at a later date.