EDDC fails to protect our community hospitals, offering specious justifications for failing to list Seaton Hospital as a ‘Community Asset’
On Wednesday, Cllr Jack Rowland (right), Chair of Seaton Area Health Matters, questioned EDDC’s refusal to list Seaton Hospital as a Community Asset – which would have given Seaton Town Council, which made the request, additional grounds and time to object to any proposal for closure.
He was given the answer below. I think the reasons are specious. The guide to the Localism Act which is quoted does not claim to list all the types of buildings that can be covered, but merely gives examples. As the fact that two other Devon councils have listed hospitals shows, this is a question of interpretation. EDDC have chosen to interpret Community Assets narrowly, and then explain away the other councils’ decisions by the fact the hospitals concerned may be in relatively deprived areas, the reason North Devon gives for listing Ilfracombe – although this reason is not mentioned in the guide to the Localism Act, either!
Clearly community hospitals do, as the guide says, ‘play a vital role in local life. … Local life would not be the same without them, and if they are closed or sold into private use, it can be a real loss to the community.” This is true regardless of how deprived the area is. Jack Rowland’s challenge has shown that once again, EDDC has defaulted to failing to protect our community hospitals.
EDDC’s ‘recorded reason’:
The main use of the property is the ‘care element’ which may be considered as furthering the social wellbeing or social interest of the community, however, this does not come within the scope of the Localism Act.
A plain English guide to the Localism Act, states:
“Every town, village or neighbourhood is home to buildings or amenities that play a vital role in local life. They might include community centres, libraries, swimming pools, village shops, markets or pubs. Local life would not be the same without them, and if they are closed or sold into private use, it can be a real loss to the community.”
In this case the nominated asset does not fall into the category of a Community Asset under s88 of the Localism Act and therefore should not be listed.
The Council believes that this interpretation of the law is correct as there is no evidence to suggest that community hospitals were in the mind of the legislator when the law was enacted. This is reinforced by the definition of ‘social interests’ in Section 88(6) of the Localism Act 2011 which states that it is, in particular, cultural, recreational or sporting interests. In addition there certainly appears to be no reference to community hospitals for example on any relevant websites. Had it been the intent of the legislator to include health care then one would have expected it to be listed in the relevant definition. It has also been confirmed that religious observance in a building does not fall within ‘social well-being’ and our view is that this is analogous to circumstances surrounding health care provision.
In the Case of North Devon Council they have helpfully published their reasoning for deciding that Ilfracombe hospital was an appropriate site to be registered under the community right to bid: https://www.northdevon.gov.uk/media/378607/decision-notice-tyrrel-hospital.pdf
In particular, considerable emphasis is put on the fact that Ilfracombe is an area of high deprivation and low car ownership in a rural locality. This justification has been used to justify a departure from the original legislative intention.
Teignbridge Council have not published any of their decisions but looking at the location of the relevant properties it would appear that the assets are similarly located in areas which experience the worst levels of deprivation in Devon: http://www.devonhealthandwellbeing.org.uk/jsna/overview/archive/socio-economic-deprivation/indices-of-deprivation-2015/
The same cannot be said to be the case in either Axminster, Honiton, Ottery St Mary or Seaton. In the circumstances therefore there is no justification for departing from the correct legal interpretation and any consequential risks’.
‘NHS vs Brexit’: on Sunday I joined 700,000 people to march against the shambles which is draining resources from our health system and public services
On Sunday I marched in London with 700,000 other people to call for a chance to end the nightmare which Brexit has become – a mess which is sucking the lifeblood out of our country, draining resources from the NHS and public services and driving away many of the doctors and nurses we so desperately need in Devon.
I know many people in Seaton and Colyton supported Brexit in 2016, but surely you didn’t vote for the chaos which it is causing. Johnson, Gove and Farage didn’t tell you how difficult it was going to be – maybe they didn’t even understand themselves. It is time now for us to vote on whether we like the outcome.
Who’s ‘weaponising’ community hospitals, @HugoSwire? Two years ago you were happy to sell out Seaton Hospital to save your parliamentary career
Dear Hugo Swire,
In a recent Exmouth Journal article you said: “Regrettably, Ottery Hospital has been weaponised by an anti-Tory coalition for nigh on ten years with them telling a naturally alarmed local community that it will be sold off or closed. I have spent 10 years trying to counter this scaremongering. …”
It’s hardly scaremongering when the hospital has lost its beds and this July’s Devon NHS Sustainability and Transformation Partnership report said, ‘We know a large amount of space in our community hospital buildings is underused. The revenue cost of our community hospital estates is in the order of £20 million; money the NHS could use to improve other services. Working with other public sector partners, as part of the One Public Estate initiative, we will review the space that is required to deliver care, and plan to consolidate the number of sites to free up estate and generate money, which can be re-invested in technology and infrastructure.’
It’s also rich for you to talk about ‘weaponising’ community hospitals. In Seaton we remember all too well when the Clinical Commissioning Group launched its consultation on the future of community hospital beds in 2016, with its preferred option being Option A which would keep the beds in Tiverton, Exmouth and Seaton. You said in Parliament that ‘option B, which sees the beds retained in Tiverton, and also in Sidmouth and Exmouth, is the option worthy of support. Sidmouth has an extremely high proportion of over-85s, with people increasingly living longer, and of people with dementia. Exmouth is the biggest town in Devon with more than 35,000 people.’
Four months later the CCG followed your recommendation, changed its preference, and closed Seaton’s beds. The reasons given for preferring Sidmouth to Seaton were specious – Seaton has an almost identical proportion of elderly. In short, Hugo Swire, you sold Seaton down the river because it was no longer in your constituency (having been removed due to boundary changes in 2010) and you needed to save beds in Sidmouth as well as Exmouth to fend off the challenge from Claire Wright, who even so ran you close in the 2017 General Election.
Today Seaton Hospital, like Ottery, Honiton and Axminster, faces an uncertain future. If it closes, it will be a knock-on effect of the beds decision, and it will be partly on your head.
Martin Shaw, County Councillor for Seaton and Colyton
Why has EDDC refused to list Seaton and other community hospitals as ‘assets of community value’, when other Devon districts have done so? Jack Rowland will ask at the EDDC on Wednesday
Jack’s question:Seaton Area Health Matters reports on its activities to date
Jack Rowland, chair of Seaton Area Health Matters, has sent me this report:
So, what have we been doing recently?
From conversations earlier this year when we invited representatives from the statutory and voluntary health sectors the following 10 priorities emerged:
- To take an area approach for the Axe Valley, not just Seaton.
- Improving communication and co-ordination between voluntary organisations.
- Maintaining and extending NHS services in GP practices and at Seaton Hospital.
- The challenges in older age groups (chronic diseases, loneliness and isolation).
- The challenges in younger age groups (drug and alcohol addiction, housing, poverty).
- Mental health support.
- Transport difficulties to access services.
- Promoting health and wellbeing
- Communication on what is available.
- Co-ordination and ownership to tackle the challenges.
In order to look at these challenges a Steering Group was established and the membership is:
Jack Rowland (Chair) Seaton Town Councillor
Geoff Pook (Vice Chair) East Devon District Councillor
Marcus Hartnell East Devon District Councillor / Seaton Town Councillor
Victoria Parry Food & Wellbeing Charity / Clinical Commissioning Group Community Representative
Martin Shaw Devon County Councillor / Seaton Town Councillor
Roger Trapani Clinical Commissioning Group Community Representative
Tina Trapani Devon Senior Voice Representative
Dr Mark Welland Seaton G.P. & Chair of Seaton Hospital League of Friends
From this steering group 2 working parties have been looking at these priorities as many of the challenges are inter-connected.
One working party is producing a report to put forward a case for maintaining and extending NHS services as part of a health hub. A meeting has been arranged for 5 November at Seaton Hospital with senior representatives from the Royal Devon & Exeter Hospital.
The other working party has been collating information to establish the details of the voluntary organisations in our area that are involved in some way in health and well-being. The intention is to show the information, with the permission of the organisation, on this website and to also have a dedicated phone line available for people to use who may not have access to the internet. When the phone line is available we will publicise this on this website and by issuing a press release and using advertising posters around the town as well as social media.
We are also considering carrying out a Seaton Area survey to give everyone the opportunity to tell us their views on what they want to see in the area for health care and wellbeing provision – this would be in the form of both a paper format and online.
@cpredevon’s reports on housing need in Devon are probably the most important reports on the county in the last decade – it is essential they have wider circulation and are made available online
The Devon branch of the Council for the Preservation of Rural England has published Devon’s Housing Need Evidence Report and A Review of Government Housing Policy & Its Impacts on Devon. CPRE says of the first:
‘Launched at a packed seminar in Tiverton on 12th October 2018, this independent report by Opinion Research Services (ORS) provides the real facts about Devon’s housing needs. The comprehensive data includes housing projections, targets, costs and tenure, numbers planned and population trends across the entire County. This brand new CPRE Devon commissioned research cuts a swathe through official figures and, for the first time, reveals the truth about Devon’s REAL housing needs. It should be a valuable resource to anyone interested in housing throughout the County.’
The second report, by Dr Philip Bratby, is an equally crucial, evidence-based challenge to government policy as it affects Devon. Together, these reports show that centrally imposed targets grossly overstate need and are driving excessive and inappropriate development. We need to change course.
Hard copies are available here, for £36 and £10 respectively, or free if you join CPRE before 31st October (£36 per year). I understand that CPRE needs to recoup its costs, but I think (1) that copies should be supplied to all County and district councillors and parish councils, and (2) that they need to be made available online for the public to read.
Constructive A35 meeting at Wilmington with @HighwaysEngland – but I am concerned that the timetable is slipping
I was at a meeting of the A35 Action Group with Highways England yesterday, in Wilmington Village Hall (members of Widworthy and Offwell parish councils attended). There was a constructive discussion of HE’s emerging proposals for managing speed on the 13 mile stretch between Honiton and Charmouth, together with remedial measures in Wilmington itself. The chair of the Action Group, Dr Phil Webber, will channel comments and suggestions on the proposals to HE following the meeting.
It was good news that the study of the proposals is under way and will be completed by March. However I was very concerned that the detailed design phase, which was envisaged for 2019-20 when I met HE two months ago, is now pencilled in for 2020-21, and delivery has slipped from 2020-21 to 2021-22. I am writing to the regional Programme Development Manager to ask that they return to the original proposal.
Okehampton Times picks up my campaign for the hospitals at the County Council
Okehampton, like Seaton and Honiton, lost its beds last year. Read their report.
‘Colyton’s War’ event will commemorate ending of First World War 100 years ago next month
I hope to be at the opening ceremony for this important event commemorating the end of the First World War 100 years ago and the lives of local people during that conflict.
As an unpredictable nationalist occupies the White House and cynical authoritarians rule in Russia and China, this is a good moment to remind ourselves that peace is fragile and that in the 21st century we still need the institutions which Europe and the world created to maintain it after the Second World War – which had claimed even more lives than the first.
#lovelibraries ‘A seven and a half per cent annual reduction in book issues – if we carry on like this, libraries won’t be dusty, they’ll be gone’, Devon Scrutiny Chair tells library chiefs and @LibrariesUnLtd
In a far-reaching discussion of the state of Devon’s libraries on 25 September (minute and webcast at item 83), the County Council’s Corporate Infrastructure and Regulatory Services Scrutiny Committee – which looks at services like libraries which have been outsourced, in this case to the mutual Libraries Unlimited – considered a continuing decline of book issues which, as this comment of our chair, Cllr Alastair Dewhirst, suggests, could soon threaten the very existence of many of the county’s 50 libraries.
I was unable to attend, but had played a part in preparing the discussion. In this post I try to take stock of where we are now. Cllr Dewhirst’s comments referred to a remark by Cllr Roger Croad, Cabinet member for libraries, at the previous meeting in June, when he talked about the image of libraries as places full of dusty books. Cllr Croad, Ciara Eastell (LU chief executive) and other officers had lauded the work LU had done in making libraries more attractive places through refurbishments, ‘fab labs’ in major libraries, arts activities, friends groups, and functioning as local community centres in towns and villages.
LU also emphasised the increasing numbers of e-book issues, but the modest rise in these has been tiny compared to the loss of book issues. Nationally and internationally, the traditional book remains strong, with rising sales. The idea that it would be replaced by e-books has proved misleading. We need libraries to be full of the many great new books for adults and children alike which are appearing every year.
The relentless decline of book issues
The Committee clearly appreciated LU’s efforts to expand Devon libraries’ impact, and the commitment of the Council, guided by Cllr Croad, to maintain the service despite its diminishing funds (not one library has been closed). Nevertheless the Committee had to address the relentless decline of issues (halved over the last decade), the underlying weakening of the quality and quantity of the book stock, and the diminishing role of librarians.
On present trends, it seems almost certain that some time in the next few years, libraries in some Devon towns and villages will face a moment of truth. ‘The concern is‘, Cllr Jackie Hook said, ‘that the library is losing what makes it a library and not having the the quality of books and professional staff.‘
The Committee recognised these issues by recommending that LU add two new Key Performance Indicators for its work: Stock issues to children [since children’s reading is clearly at the heart of a library service], and Professional hours worked by library staff. The Committee will receive a further report in 12 months time.
A major challenge – and a radical reorientation needed
Ciara Eastell told the Committee: ‘Books and reading are absolutely at the heart of our mission’, and I think the discussion is a real step forward in acknowledging the major challenge which Devon’s library service faces to its core role. However it often sounds as though LU and County Council chiefs believe that expanding other activities can compensate for the failure to address the service’s central decline, which began before LU was established but which LU’s current policies are failing to stem.
Now that the issue has been brought so clearly to their and the Council’s attention, I hope they will address it head-on. Let us see a real reorientation of policies and funding priorities to address it. Let us hope that in 12 months time, they will be able to report a different picture.
The task is especially urgent because of the unremittingly gloomy outlook for public services and local government. Although Theresa May says that ‘austerity is over’, county councils like Somerset and Northamptonshire are going bust, Brexit is leaving a big hole in the government’s tax base, and Devon faces a further big withdrawal of government funding next year. To defend the level of library funding, we need to show that it is being used to maintain a well-stocked library system which can attract and keep new readers.
Seaton & Colyton MATTERS 