Solicitors take issue with SHA evidence consideration

CAMPAIGNER: Gerri Milner

CAMPAIGNER: Gerri Milner

First published in News Daily Echo: Photograph of the Author by , Education Reporter

THE High Court ruling upholding health chiefs’ controversial decision to fluoridate Hampshire water supplies is to be legally challenged, the Daily Echo can reveal.

Solicitors for Southampton mum-of-three Gerri Milner yesterday lodged an application to appeal against part of the judicial review decision made in London last week.

They want to challenge Mr Justice Edward Holman’s judgment that there were no grounds to consider the case that South Central Strategic Health Authority didn’t fully assess the arguments against fluoridation.

As reported, he expressed sympathy with Ms Milner and other anti-fluoride campaigners, but ruled against her lawyers’ arguments that the SHA should have paid attention to public opinion and that not all board members were fully aware of evidence against the scheme.

Ms Milner told the Daily Echo last night she feels it is essential she doesn’t give up her fight, for which she is receiving legal aid.

She said: “I was absolutely devastated by the decision.

“We have to continue.

“If you look at the polls of public opinion, the taxpayers don’t want it, so I’m sure they don’t mind the tiny proportion more that it’s costing to further the case, compared to what it’s cost already.

“The figures the board was given were based on the best possible prognosis and a very flattering position.

“I believe they didn’t have the right information to make the right decision.

“This is such an important issue – it’s our fundamental right to say what we put in our own bodies and just because its meant to be good for us because someone else says it is doesn’t mean we have to accept it.”

The appeal will not focus on the original claim that the SHA should have listened to public opinion when considering plans to fluoridate water delivered to nearly 200,000 residents in Southampton, Eastleigh, Totton, Netley and Rownhams.

Mr Justice Holman said the law clearly states the authority was not bound by the results of the public consultation, in which 72 per cent of the 10,200 respondents opposed the scheme.

Instead, the challenge will focus on the judge’s refusal to allow a full judicial review of the way the SHA assessed evidence for and against fluoridation.

In court it was claimed that not all board members had been properly informed of detailed arguments put forward in opposition, including those of Hampshire Against Fluoridation and Hampshire County Council.

Ms Milner’s solicitor, Sean Humber said it is not yet known how long it could take for a decision to be made on the latest application.

A spokeswoman for the SHA, which has set aside £400,000 to fight the legal case, confirmed the authority was aware the appeal application had been lodged.

Comments (30)

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11:47am Sat 19 Feb 11

southy says...

keep going SHA is running out of time.
keep going SHA is running out of time. southy
  • Score: 0

12:53pm Sat 19 Feb 11

cyber_fug says...

It's very quite on here today, what shall we argue about today Southy ?
It's very quite on here today, what shall we argue about today Southy ? cyber_fug
  • Score: 0

1:29pm Sat 19 Feb 11

wilsamsaints says...

actually i do NOT want anymore of my tax paying money wasted on this no win situation and as usual the lawyers are the only winners please give up ms milner
actually i do NOT want anymore of my tax paying money wasted on this no win situation and as usual the lawyers are the only winners please give up ms milner wilsamsaints
  • Score: -2

1:29pm Sat 19 Feb 11

legod7 says...

What an utter waste of legal aid money.
It is going to happen anyway and myself and a lot of people I know fully agree with fluoride being put in our water
What an utter waste of legal aid money. It is going to happen anyway and myself and a lot of people I know fully agree with fluoride being put in our water legod7
  • Score: -2

1:34pm Sat 19 Feb 11

freemantlegirl2 says...

legod7 wrote:
What an utter waste of legal aid money.
It is going to happen anyway and myself and a lot of people I know fully agree with fluoride being put in our water
Actually in this case the LA is benefitting the majority instead of the few and as there is so much crap in our water already, do we need anymore. I'd rather 'fluoride' funds be spend on good quality, dental care and prevention through good education and denistry rather than adding something to the water system that the majority of people disagree with and that only half the population (i.e. children) would 'benefit' from although evidence is strong for and against that.

It is the Health people who should give up and listen to their customers/public not Ms Milner. I admire her tenacity!
[quote][p][bold]legod7[/bold] wrote: What an utter waste of legal aid money. It is going to happen anyway and myself and a lot of people I know fully agree with fluoride being put in our water[/p][/quote]Actually in this case the LA is benefitting the majority instead of the few and as there is so much crap in our water already, do we need anymore. I'd rather 'fluoride' funds be spend on good quality, dental care and prevention through good education and denistry rather than adding something to the water system that the majority of people disagree with and that only half the population (i.e. children) would 'benefit' from although evidence is strong for and against that. It is the Health people who should give up and listen to their customers/public not Ms Milner. I admire her tenacity! freemantlegirl2
  • Score: 1

1:42pm Sat 19 Feb 11

southy says...

cyber_fug wrote:
It's very quite on here today, what shall we argue about today Southy ?
any thing you like. its only quiet because small number of people are not on line using there multi accounts.
[quote][p][bold]cyber_fug[/bold] wrote: It's very quite on here today, what shall we argue about today Southy ?[/p][/quote]any thing you like. its only quiet because small number of people are not on line using there multi accounts. southy
  • Score: 0

1:48pm Sat 19 Feb 11

cyber_fug says...

^^^ How was your date with FMG2 ? LOL
^^^ How was your date with FMG2 ? LOL cyber_fug
  • Score: 0

2:10pm Sat 19 Feb 11

southy says...

cyber_fug wrote:
^^^ How was your date with FMG2 ? LOL
lol did not go, did not want to hear about firemen. **** firemen gropers sorry groupies.
[quote][p][bold]cyber_fug[/bold] wrote: ^^^ How was your date with FMG2 ? LOL[/p][/quote]lol did not go, did not want to hear about firemen. **** firemen gropers sorry groupies. southy
  • Score: 0

2:22pm Sat 19 Feb 11

Family Bloke says...

I know Gerri Milner, I know she a very keen community activist and does really good voluntary work in the St Mary's area, I know along with others in the are,a she has fought hard for projects like the building a new multi use games area but I honestly believe this is one fight, she cannot and will not win, the SHA will not be beaten on this, the decision of fluoride in the water has been made, no amount of legal aid will change that decision, give up Gerri.
I know Gerri Milner, I know she a very keen community activist and does really good voluntary work in the St Mary's area, I know along with others in the are,a she has fought hard for projects like the building a new multi use games area but I honestly believe this is one fight, she cannot and will not win, the SHA will not be beaten on this, the decision of fluoride in the water has been made, no amount of legal aid will change that decision, give up Gerri. Family Bloke
  • Score: -1

2:50pm Sat 19 Feb 11

southy says...

Family Bloke wrote:
I know Gerri Milner, I know she a very keen community activist and does really good voluntary work in the St Mary's area, I know along with others in the are,a she has fought hard for projects like the building a new multi use games area but I honestly believe this is one fight, she cannot and will not win, the SHA will not be beaten on this, the decision of fluoride in the water has been made, no amount of legal aid will change that decision, give up Gerri.
all she got to do is play for time, time is on her side and not on SHA they are soon to be abandon means they will have no power what so ever, after this she can hold it up even more by going to the european courts, and then on to the hague which should be way pass the life of the SHA.
[quote][p][bold]Family Bloke[/bold] wrote: I know Gerri Milner, I know she a very keen community activist and does really good voluntary work in the St Mary's area, I know along with others in the are,a she has fought hard for projects like the building a new multi use games area but I honestly believe this is one fight, she cannot and will not win, the SHA will not be beaten on this, the decision of fluoride in the water has been made, no amount of legal aid will change that decision, give up Gerri.[/p][/quote]all she got to do is play for time, time is on her side and not on SHA they are soon to be abandon means they will have no power what so ever, after this she can hold it up even more by going to the european courts, and then on to the hague which should be way pass the life of the SHA. southy
  • Score: 1

3:36pm Sat 19 Feb 11

Rob444 says...

It's an absolute disgrace that the SHA were allowed to allocate £400,000 of taxpayers' money for fighting against the taxpayers' right to have pure drinking water on-tap.

Although the SHA's days are numbered, the person responsible for approving this expenditure should be named and shamed. There's too much secrecy in this country, especially when it comes to identifying public officials who are guilty of maladministration.
It's an absolute disgrace that the SHA were allowed to allocate £400,000 of taxpayers' money for fighting against the taxpayers' right to have pure drinking water on-tap. Although the SHA's days are numbered, the person responsible for approving this expenditure should be named and shamed. There's too much secrecy in this country, especially when it comes to identifying public officials who are guilty of maladministration. Rob444
  • Score: 1

5:20pm Sat 19 Feb 11

Nod says...

Brilliant move..... keep on, keeping on 'til the SHA ceases to exist.
Brilliant move..... keep on, keeping on 'til the SHA ceases to exist. Nod
  • Score: 0

5:43pm Sat 19 Feb 11

Linesman says...

cyber_fug wrote:
It's very quite on here today, what shall we argue about today Southy ?
It is also very quiet.
[quote][p][bold]cyber_fug[/bold] wrote: It's very quite on here today, what shall we argue about today Southy ?[/p][/quote]It is also very quiet. Linesman
  • Score: 0

6:17pm Sat 19 Feb 11

J.K. says...

When will these denture wearing ludites stop wasting everyones time. The facts are well proven around the World that Floride stops decay. Use bottled water if you think its better for your teeth
When will these denture wearing ludites stop wasting everyones time. The facts are well proven around the World that Floride stops decay. Use bottled water if you think its better for your teeth J.K.
  • Score: 0

7:33pm Sat 19 Feb 11

Bowmore says...

J.K. wrote:
When will these denture wearing ludites stop wasting everyones time. The facts are well proven around the World that Floride stops decay. Use bottled water if you think its better for your teeth
To me it's irrelevant whether fluoride works or not and if it's safe or harmless. I do not want it and seen no reason why I should have to pay for bottled water to avoid it. Or are you offering to pay for my supplied of bottled water?
[quote][p][bold]J.K.[/bold] wrote: When will these denture wearing ludites stop wasting everyones time. The facts are well proven around the World that Floride stops decay. Use bottled water if you think its better for your teeth[/p][/quote]To me it's irrelevant whether fluoride works or not and if it's safe or harmless. I do not want it and seen no reason why I should have to pay for bottled water to avoid it. Or are you offering to pay for my supplied of bottled water? Bowmore
  • Score: 1

10:17pm Sat 19 Feb 11

peter sowerby says...

Now a new legal challenge has been put forward regarding fluoride It can be only ego and spite keeping SHA going on this matter, as they will be well out of time to implement their mass poisoning of my water supply.
Why dont they leave with at least some dignity and donate some of the money they have saved up to fight the will of the people of Southampton to a local charity.
Now a new legal challenge has been put forward regarding fluoride It can be only ego and spite keeping SHA going on this matter, as they will be well out of time to implement their mass poisoning of my water supply. Why dont they leave with at least some dignity and donate some of the money they have saved up to fight the will of the people of Southampton to a local charity. peter sowerby
  • Score: 0

11:18pm Sat 19 Feb 11

Hantslad says...

This issue has gone on long enough, the majority do not wish to have flouride in water. Perhaps it would be cheaper to give free toothpaste and toothbrushes to those on the dole? Just ensure they are vouchers and not cash so they can't spend it down the pub! Let's face it, it's the spongers who have bad teeth and are forcing this flouride problem on us all.
This issue has gone on long enough, the majority do not wish to have flouride in water. Perhaps it would be cheaper to give free toothpaste and toothbrushes to those on the dole? Just ensure they are vouchers and not cash so they can't spend it down the pub! Let's face it, it's the spongers who have bad teeth and are forcing this flouride problem on us all. Hantslad
  • Score: 0

11:19pm Sat 19 Feb 11

Ant Smoking MP says...

Can I stop buying toothpaste yet?
Can I stop buying toothpaste yet? Ant Smoking MP
  • Score: 0

12:08am Sun 20 Feb 11

J.P.M says...

A collection of PhD chemists above?
BUT
Is it floride
OR
is it flouride?

Only the brainy posters know the answer.
A collection of PhD chemists above? BUT Is it floride OR is it flouride? Only the brainy posters know the answer. J.P.M
  • Score: 0

12:26am Sun 20 Feb 11

peter sowerby says...

J.P.M wrote:
A collection of PhD chemists above? BUT Is it floride OR is it flouride? Only the brainy posters know the answer.
Could be flora maybe we can have it on toast as well.
[quote][p][bold]J.P.M[/bold] wrote: A collection of PhD chemists above? BUT Is it floride OR is it flouride? Only the brainy posters know the answer.[/p][/quote]Could be flora maybe we can have it on toast as well. peter sowerby
  • Score: 0

9:40am Sun 20 Feb 11

Linesman says...

One sure thing is, the legal teams will be laughing all the way to the bank!

A decision has been made.

It that decision is to be challenged, why should everyone, including those who do not object to fluoridation, have to make a contribution?
One sure thing is, the legal teams will be laughing all the way to the bank! A decision has been made. It that decision is to be challenged, why should everyone, including those who do not object to fluoridation, have to make a contribution? Linesman
  • Score: 0

3:02pm Sun 20 Feb 11

Nutstrangler says...

J.P.M wrote:
A collection of PhD chemists above? BUT Is it floride OR is it flouride? Only the brainy posters know the answer.
Neither,....it's"Flu
oride". Hope this helps.
[quote][p][bold]J.P.M[/bold] wrote: A collection of PhD chemists above? BUT Is it floride OR is it flouride? Only the brainy posters know the answer.[/p][/quote]Neither,....it's"Flu oride". Hope this helps. Nutstrangler
  • Score: 0

11:30pm Sun 20 Feb 11

marchwoodmum says...

Possibility of brittle bones in old age and more fillings if we dont flouridate.
Flouride if excessive is a poison, can damage tooth development, cause bone deformities, and can cause increased fractures.
As the people flouridation is supposed to help prefer sugar drenched drinks to plain water anyway, I simply dont get the benefit. Those who care about the health of their teeth do so anyway, and those that dont, just dont drink water, so why exactly is the authority fighting to put it in the water?
Possibility of brittle bones in old age and more fillings if we dont flouridate. Flouride if excessive is a poison, can damage tooth development, cause bone deformities, and can cause increased fractures. As the people flouridation is supposed to help prefer sugar drenched drinks to plain water anyway, I simply dont get the benefit. Those who care about the health of their teeth do so anyway, and those that dont, just dont drink water, so why exactly is the authority fighting to put it in the water? marchwoodmum
  • Score: 0

11:37pm Sun 20 Feb 11

marchwoodmum says...

and yes i know i spelt fluoride incorrectly, but as thats not the issue ...
and yes i know i spelt fluoride incorrectly, but as thats not the issue ... marchwoodmum
  • Score: 0

9:32am Mon 21 Feb 11

pqp says...

It is my right that I choose the medication I take. Weighting the pros n cons. No to fluoride and thanks Ms milner for fighting for us
It is my right that I choose the medication I take. Weighting the pros n cons. No to fluoride and thanks Ms milner for fighting for us pqp
  • Score: 1

11:28am Mon 21 Feb 11

peter sowerby says...

pqp wrote:
It is my right that I choose the medication I take. Weighting the pros n cons. No to fluoride and thanks Ms milner for fighting for us
Agreed, With this new legal challenge SHA has run out of time to poison our water supply. I think the late great Ray Orbinson song sums it up for them. ITS OVER, ITS OVER, ITS OOOOOOOOOOOVER.
[quote][p][bold]pqp[/bold] wrote: It is my right that I choose the medication I take. Weighting the pros n cons. No to fluoride and thanks Ms milner for fighting for us[/p][/quote]Agreed, With this new legal challenge SHA has run out of time to poison our water supply. I think the late great Ray Orbinson song sums it up for them. ITS OVER, ITS OVER, ITS OOOOOOOOOOOVER. peter sowerby
  • Score: 0

12:30pm Mon 21 Feb 11

pqp says...

peter sowerby wrote:
pqp wrote:
It is my right that I choose the medication I take. Weighting the pros n cons. No to fluoride and thanks Ms milner for fighting for us
Agreed, With this new legal challenge SHA has run out of time to poison our water supply. I think the late great Ray Orbinson song sums it up for them. ITS OVER, ITS OVER, ITS OOOOOOOOOOOVER.
I hope it is over.

I was even considering moving out of the area.

I know it might sound a bit excessive but it is true.

And that's include my girlfriend that was born and brought up here in Southampton
[quote][p][bold]peter sowerby[/bold] wrote: [quote][p][bold]pqp[/bold] wrote: It is my right that I choose the medication I take. Weighting the pros n cons. No to fluoride and thanks Ms milner for fighting for us[/p][/quote]Agreed, With this new legal challenge SHA has run out of time to poison our water supply. I think the late great Ray Orbinson song sums it up for them. ITS OVER, ITS OVER, ITS OOOOOOOOOOOVER.[/p][/quote]I hope it is over. I was even considering moving out of the area. I know it might sound a bit excessive but it is true. And that's include my girlfriend that was born and brought up here in Southampton pqp
  • Score: 0

1:03pm Mon 21 Feb 11

DJ Teh says...

pqp wrote:
It is my right that I choose the medication I take. Weighting the pros n cons. No to fluoride and thanks Ms milner for fighting for us
Full support from me.

How dare they try and control what medication we take.

I'd like to see how they would react to being force fed other medication against their will. They sue your bottom.

The fact that 75% (if I recall) said NO to the flouridation is enough to prove that the SHA? don't listen to us and need to be taken down a peg or two.

Bring on the UK Civil war I say. I'll be one of those people other throwing such organisations implemented by these stupid government members we have.
[quote][p][bold]pqp[/bold] wrote: It is my right that I choose the medication I take. Weighting the pros n cons. No to fluoride and thanks Ms milner for fighting for us[/p][/quote]Full support from me. How dare they try and control what medication we take. I'd like to see how they would react to being force fed other medication against their will. They sue your bottom. The fact that 75% (if I recall) said NO to the flouridation is enough to prove that the SHA? don't listen to us and need to be taken down a peg or two. Bring on the UK Civil war I say. I'll be one of those people other throwing such organisations implemented by these stupid government members we have. DJ Teh
  • Score: 1

1:28pm Mon 21 Feb 11

goard says...

tTake into consideration ALL capital initials have a big private consortiasm ?. dont think all these Acadamies, all Trusts, all educational, NHS, all those that have an extra name or initiials attached are public - THEY ARE ALL MONEY MAKING FIRMS CREAPING INTO OUR PUBLIC DOMAIN. WAKE UP BRITAIN YOU ARE BEING SWALLOWED HOOK LINE AND SINKER TO THE BIG FISh.

tHE general public can't be bothered - let it all hang out. We will take care of it when we are sick, starving. cold and unhappy - we have our rights. TOO LATE.

goard
tTake into consideration ALL capital initials have a big private consortiasm ?. dont think all these Acadamies, all Trusts, all educational, NHS, all those that have an extra name or initiials attached are public - THEY ARE ALL MONEY MAKING FIRMS CREAPING INTO OUR PUBLIC DOMAIN. WAKE UP BRITAIN YOU ARE BEING SWALLOWED HOOK LINE AND SINKER TO THE BIG FISh. tHE general public can't be bothered - let it all hang out. We will take care of it when we are sick, starving. cold and unhappy - we have our rights. TOO LATE. goard goard
  • Score: 0

6:06pm Mon 21 Feb 11

peter sowerby says...

DJ Teh wrote:
pqp wrote: It is my right that I choose the medication I take. Weighting the pros n cons. No to fluoride and thanks Ms milner for fighting for us
Full support from me. How dare they try and control what medication we take. I'd like to see how they would react to being force fed other medication against their will. They sue your bottom. The fact that 75% (if I recall) said NO to the flouridation is enough to prove that the SHA? don't listen to us and need to be taken down a peg or two. Bring on the UK Civil war I say. I'll be one of those people other throwing such organisations implemented by these stupid government members we have.
Egypt, tunisa,Libya our political tory masters are applauding the actions of the people trying to get back what is theirs. Now back home they are smashing the NHS,Public Services in a reckless privatisation gamble. There are plenty of faceless people like SHA around with power to impose their will on us, and we are lucky to have the Gerri Milners around or they would be stuffing fluoride down our throats by now. Civil war you say, bring it on.
[quote][p][bold]DJ Teh[/bold] wrote: [quote][p][bold]pqp[/bold] wrote: It is my right that I choose the medication I take. Weighting the pros n cons. No to fluoride and thanks Ms milner for fighting for us[/p][/quote]Full support from me. How dare they try and control what medication we take. I'd like to see how they would react to being force fed other medication against their will. They sue your bottom. The fact that 75% (if I recall) said NO to the flouridation is enough to prove that the SHA? don't listen to us and need to be taken down a peg or two. Bring on the UK Civil war I say. I'll be one of those people other throwing such organisations implemented by these stupid government members we have.[/p][/quote]Egypt, tunisa,Libya our political tory masters are applauding the actions of the people trying to get back what is theirs. Now back home they are smashing the NHS,Public Services in a reckless privatisation gamble. There are plenty of faceless people like SHA around with power to impose their will on us, and we are lucky to have the Gerri Milners around or they would be stuffing fluoride down our throats by now. Civil war you say, bring it on. peter sowerby
  • Score: 1

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