HEALTH campaigners say their battle to stop specialist cancer services being transferred out of Cornwall is far from over despite a setback in their bid, writes the WMN's Lyn Barton.

Members of a top Cornwall Council committee were yesterday prevented from voting on a plan to review the move of Upper Gastro-Intestinal cancer services from Truro to Plymouth.

But the councillors on the health and adults overview scrutiny committee expressed their displeasure at the situation by rejecting an update by Cornwall Primary Care Trust (PCT) on the move.

Joe McKenna, chairman of Health Initiative for Cornwall, which has fought the transfer, said it was clear the councillors were unhappy with what was happening.

"It was embarrassing for the PCT," he said. "It is clear that they no longer have the support of the health and adults overview scrutiny committee."

Health Initiative Cornwall, which may challenge the transfer in the courts, said the events in the packed council chamber merely strengthened its hand.

"To my knowledge, it is the first time the OSC has rejected a progress report," he said.

"From our point of view, it calls into question whether the transfer can go ahead. It was apparent the councillors wanted to revisit the decision.

"What happened strengthens our case for a legal challenge to be mounted."

Councillor Sue Nicholas, who proposed revisiting a decision made by the committee in April which paved the way for the transfer, said: "This committee has in its gift the power to look at the whole of this issue again in terms of whether it meets the needs of the people in this county."

Coun Nicholas' proposal was seconded, but legal advice provided to members stated that it would not be appropriate for them to vote on such a matter in terms of policy or procedure.

Their solicitor also said no new information had been provided to the committee and there was nothing to suggest previous meetings had failed to follow proper procedures.

However, after the meeting, Mr McKenna disagreed, citing legal advice obtained by the Royal Cornwall Hospital Trust last July and published for the first time in the Western Morning News last month.

This suggested that going ahead with the transfer without a full public consultation – rather than the "engagement process" which was actually undertaken – could be unlawful.

Ann James, chief executive of NHS Cornwall, the PCT, said the transfer had been governed entirely by the need to improve outcomes for cancer patients.