An Edinburgh charity is threatening to take the body responsible for commissioning health and care services in the capital to court over the way it has adopted its strategic plan.

The Ripple, which runs a community hub in Restalrig and Lochend, says the approval of a three year strategic plan by Edinburgh integration joint board (EIJB) follows an ‘unfair and unlawful’ process.

In a pre-action letter sent to EIJB – the first formal step before a judicial review – the charity raises concerns over what it says was the ‘unreasonably short’ public consultation and the ‘illegal’ withholding of key documents and assessment used to inform decisions.

Of most importance to the Ripple, according to Director Rachel Green, is the serious consequences the strategic direction is already having on vital community services in Edinburgh.

EIJB members approved plans at its meeting on Tuesday to cut more than £1.2m from third sector services.

Ms Green told healthandcare.scot the legal challenge is not about the money or the impact on her own charity – the Ripple had its funding cut by EIJB last year when it stopped its grant programme.

Instead, the possible legal action is about ensuring EIJB acts lawfully and fully takes into account the effects its decisions will have on communities most in need across Edinburgh.

Writing to the IJB ahead of its meeting earlier this week, Rachel said:

“I am willing, as I know many others are, to work together with the board, officers, and colleagues across sectors to build a process that is open, transparent, and rooted in trust.

“But we can only do that if our processes are sound and if decisions follow the proper order.

“When those foundations are respected, collaboration becomes real – and the people of Edinburgh will be the ones who truly benefit.”

The Ripple is requesting that EIJB now withdraws its strategic plan and re-runs the consultation or publishes key documents explaining its decisions.

 

 

How did Edinburgh IJB get here?

EIJB members approved its Strategic Plan 2025-28 in May – almost three years late as a result, it says, of COVID and financial challenges.

The strategic plan sets out the goals and priorities of the organisation over the next three years, aiming to provide ‘a clear and realistic indication’ of what it can achieve in the current financial situation.

The medium-term financial strategy, which sets out a savings target for the board of £87m by 2027-28, was agreed almost two months earlier.

This order matters, the Ripple says, as the EdinbughIJB has chosen to pursue cuts before setting out the strategic drivers meant to inform that decision.

By breaking this chain of alignment, the charity argues that every funding decision taken by the board seems effectively predetermined.

This includes the cuts to contracts and service level agreements with the third sector agreed earlier this week.

This sequencing forms the basis of the Ripple’s legal challenge.

What happens now?

EIJB has confirmed it has received a pre-action letter and will respond directly to the Ripple.

Ms Green told healthandcare.scot EIJB has not yet responded to the charity’s demands.

She said the Ripple is considering its next steps with legal advisers.

If the charity opts for legal action, whether or not EIJB has acted lawfully in the approval of its strategic plan could be explored in court.

If the courts then decide the approval process was unlawful, EIJB may have to overturn the plan and launch a fresh consultation.

Ms Green told healthandcare.scot:

“The point is that the strategy was not accepted in a logical way.

“This is a process issue and the IJB is not fulfilling its statutory duty. EIJB has used selective evidence to enable it to balance a budget.

“I think people are worn down in the sector and it’s difficult to speak out to power.

“We need to stop, take a breath, and agree not to make these decisions in crisis.

“At what point are we going to acknowledge that we can’t continue to operate like this?”

 

Read more: Capital to cut ‘unused time’ in home care savings; Cuts delayed but city IJB may still ‘topple over’

 

 

Sign up to our bulletin for key health & social care updates straight to your inbox.