PAPERS have been submitted to a QC to establish whether the recent decision to downgrade children’s and maternity services at the Friarage Hospital can be legally challenged.

Richmondshire District Council voted unanimously in February to look into whether legal action should be brought over the decision by the Hambleton, Richmondshire and Whitby Clinical Commissioning Group (CCG) to downgrade 24 hour consultant-led children’s and maternity services.

But the CCG says the North Yorkshire Scrutiny of Health Committee (SoHC) has already referred the matter to the Secretary of State to make a judgement.

Vicky Pleydell, clinical chief officer of the health organisation said: “Members of the SoHC, who have examined the process in detail at every stage over the last two years, were complimentary of the process that had been undertaken by the CCG and accepted that the case for change had been proved and that the consultation had been fair, open and rigorous.

“Our understanding of the referral to the Secretary of State is that he and the independent review panel will make a judgement about both the process itself and the outcome.

"It seems a little premature therefore for Richmond District Council to commit public funds to procuring legal advice when the process is still unfinished.”

The council’s solicitor Callum McKeon said any legal advice from the QC will be presented to Richmondshire District Council.

He said: "If the advice is favourable then we will be sharing it with our neighbouring authorities at Hambleton District Council and North Yorkshire County Council to see if they wish to join in any potential legal action against the HRW CCG."

Councillor John Blackie, the leader of the council, said: "The consultant-led services are of too great a value to the local communities the Friarage serves to see them taken away by a decision making process that has at times appeared bizarre, if not inexplicable."