Emergency surgery switch to Altnagelvin from South West Area Hospital legally challenged

The Western Health and Social Care Trust (WHSCT) has been served with a pre-action protocol regarding its decision to “temporarily” suspend emergency surgery at South West Acute Hospital (SWAH).

WHSCT took the decision to “temporarily” suspend the service in December 2022. At that time it said the move was necessary as it “faced challenges recruiting general surgeons to cover the emergency general surgical rota”.

The hospital’s emergency general surgery was switched to Altnagelvin Hospital in Derry, where it is still being carried out as the SWAH suspension remains in place. 

Solicitors acting for the hospital campaign group Save Our Acute Services (SOAS) submitted a legal challenge to the WHSCT’s decision following what the campaign group described as “admissions” by senior Trust executives before Stormont’s Health Committee in December. 

Solicitor Conor Sally, acting for SOAS, served the pre-action protocol on Tuesday, January 6. It challenges decisions made by the WHSCT beginning with the decision to “temporarily” suspend acute emergency surgical services.

SOAS spokesperson Donal O'Cofaigh explained the legal challenge focused on “admissions by WHSCT chairperson and then chief executive there was never any prospect of the existing surgical service being returned to SWAH. 

“This directly contradicted multiple assurances to the contrary made during the public consultation on the decision and subsequently,” said Mr O’Cofaigh.

“The admission by WHSCT executives came under direct questioning by members of the Stormont Health Committee at an unprecedented meeting held at SWAH in November 2025 to hear concerns arising for the safety of patient pathways following the removal of emergency general surgery from the hospital,” he added.

“In the aftermath of the WHSCT claims, Health Minister Mike Nesbitt has intervened to reassert the decision to remove emergency surgery from SWAH remains temporary and no decision for a permanent withdrawal has or can be made without his authorisation.

“Following a review by our solicitors of the comments made by senior WHSCT executives before the Stormont Health Committee, they have now advised that a basis existed to issue a pre-action protocol letter. This was sent by our solicitors on behalf of our campaign - and our community - on Tuesday afternoon.

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"The letter gives the WHSCT 21 days to respond. The pre-action protocol is to be considered as immediately preceding an application for a judicial review seeking an order to quash all those WHSCT decisions in particular those which deprive our community of access to acute emergency surgical services.”

“The Department of Health, Fermanagh and Omagh District Council, the Regulatory and Quality Improvement Authority, the Public Health Agency and the Patient Client Council were named as interested/notice parties.”

Commenting on the issue, a spokesperson for the WHSCT said: "Reinstating emergency general surgery at SWAH would require additional investment.

"Since moving the entire service to Altnagelvin, recovery outcomes for patients across the Western Trust area have greatly improved," they added.