Mental health worries and a £30,000 bill have brought her claim to an end
THE cancer survivor who sought judicial review over the location of the new Velindre Cancer Centre will not appeal after the High Court rejected her case a second time.
Cat Lewis, 55, of Hollybush Estate, Coryton, had a judicial review application rejected by the High Court in September. Her case was thrown out again on appeal on Wednesday, November 17, and The Cardiffian can reveal she will not take the case further.
“I decided not to appeal for the sake of my own mental health, which has suffered this year,” said Ms Lewis.
“These discussions should have happened 10 years ago. Vast amounts of money have been squandered on this project.”
Ms Lewis is a breast cancer survivor who was treated at the existing Velindre Cancer Centre. She lives on a street next to the Northern Meadows in Whitchurch, where a controversial new cancer centre is set to be built.
She applied for judicial review in September, claiming that the Welsh Government did not sufficiently consider the environmental and clinical impact of the centre before deciding on the centre’s location.
She also claimed the Welsh Government did not consider alternative options – mainly, the possibility of co-locating the new centre with Cardiff’s University Hospital in Heath.
But the High Court rejected her case twice. Ms Lewis said the judge indicated the Welsh Government’s decision would not have been different had it considered the information she referenced.
Ms Lewis now faces a financial burden.
The court initially made a costs order of over £46,000 (now reduced to £30,000) – a sum that Ms Lewis views as excessive.
She said: “It’s unusual for pre-judicial review costs to go this way, and it’s unusual for the costs to be this huge.
“Whilst I accepted the risks that I might be faced with costs, I’m being charged corporate fees for one of the most expensive QCs in Wales.”
Save the Northern Meadows initially crowdfunded £23,250 to support the case, but Ms Lewis says that around £15,000 of this has already been used to pay her own legal fees.
Which groups are involved?
The controversial new centre has prompted several campaigns. The Save the Northern Meadows group stresses that it supports the provision of high-quality cancer care but challenges the location of the centre for several reasons.
These include its impact on residents and wildlife, safety concerns around locating a cancer hospital over three miles from the nearest A&E department, and the climate impact of building on the Northern Meadows.
Ms Lewis was at the group’s protest in October when two women were arrested for occupying Lady Cory Field next to the site.
The Co-Locate Velindre campaign claims that Velindre should follow examples like Guy’s Cancer Centre in London, where cancer care is co-located with an existing hospital, in this case the Heath.
The campaign has published a letter, which appears to be signed by 163 anonymous clinicians, questioning the quality of care that the centre would provide.
But many are in favour of the Northern Meadows plan and a petition supporting it gained over 11,000 signatures. The petition points to the location’s accessibility from the motorway and the stress-relieving impact of natural surroundings on cancer patients.
Ms Lewis spoke about the nature of the online debate between the groups: “It got really bad last year. I’ve had it suggested that my family shouldn’t be allowed to have cancer treatment.
“I try to respond – I was probably a bit more forceful initially, but I’ve learned now to try and respond positively and give facts and images. I really believe in debate and people having opinions, but it has to be backed up by facts.
“Cancer is such an emotive subject. Because it affects children and young people, it inspires so much emotion. I have PTSD from my cancer treatment and things that have happened to me.
“I understand that people are heartbroken. But it doesn’t mean that people shouldn’t listen to the facts that are out there about important and good care.”
What are the next steps?
After her decision not to appeal, Ms Lewis said: “Following meetings others have had with the Velindre project managers, I can confirm that it’s 99% sure that they are now not building the emergency bridge here [at the Hollybush estate] which is a little good news for residents.”
WalesOnline previously reported that the bridge would have been built on a popular woodland footpath to provide access to the new centre.
Ms Lewis’s costs could be reduced, pending the outcome of an ‘Aarhus Convention claim.’ If the claim is successful this would allow the courts to limit her costs, as the Aarhus Convention would define her case as being connected to the European Convention on Human Rights.
Save the Northern Meadows has continued to hold protests at the site to point out its environmental importance after Cardiff Council declared a city-wide nature emergency.
After Ms Lewis’ case was rejected, a Velindre University NHS Trust spokesperson commented: “We welcome the decision by the Court.
“We remain committed to delivering and improving non-surgical tertiary cancer services for the population of south-east Wales.”
Ms Lewis said: “The Save The Northern Meadows group believes there are other avenues emerging for contesting the current plans.”
Construction on the new centre is set to begin in March 2023.
