THE controversial consultation that threatens the future of children's heart surgery unit in Southampton was “deeply flawed” and “shot through with legal error”, the High Court was told today.

The accusation was made by a QC for the Royal Brompton in Chelsea, west London, which is seeking judicial review, saying the closure of its heart unit will put the viability of the whole hospital at risk.

The consultation was launched by the Joint Committee of the Primary Care Trusts of England as part of a national review aimed at streamlining paediatric congenital cardiac surgery services around the country.

The case marks the first time that one NHS organisation has taken a legal case against another NHS organisation.

Health bosses leading the consultation have rejected all the allegations made by the Royal Brompton and believe that the review was “robust”.

They will present their case later this week.

More than 250,000 people backed the Daily Echo’s Have a Heart campaign calling on the Prime Minister to intervene personally to ensure Ocean Ward at Southampton General Hospital is safeguarded.

The petition was handed into Downing Street by campaigners, including nine-year-old Aaron Prior, from Locks Heath, who was born with a serious heart condition.

But Southampton bosses have remained tight-lipped on whether or not they would consider legal action if the final decision saw the city’s children’s cardiac surgery get the chop.

The hearing continues tomorrow.