Guernsey’s decision to change air ambulance providers is being challenged in court, with claims Health and Social Care (HSC) didn’t properly follow the States’ own procurement rules.

Gama Aviation won a five-year contract to provide lifeline emergency air ambulance services for both Guernsey and Jersey in August 2020.

Six years on, both islands have decided to move to a new provider, with Gama arguing that the decision should be subject to a judicial review in Guernsey.

Pictured: Gama Aviation had run the islands’ air ambulance service since 2020.

‘Lack of transparency and equal treatment’

Represented in court by Advocate Michael Adkins, Gama Aviation said HSC breached the core principles of the States of Guernsey’s procurement policies in awarding the air ambulance contract to 247 Aviation Ltd.

Advocate Adkins referenced the decision to award the air ambulance contract to 247 as a “startling result”.

He said: “The States did not observe policies of equal treatment and transparency in its decision making,” adding that: “it is worrying to say the least that the decision can’t be reversed”.

He went on to argue that insufficient reasons were given to Gama for its failure to win a new contract and that the decision to award it to 247 should be quashed.

Pictured: 247 Aviation Ltd has won the contract to run Guernsey and Jersey’s air ambulance service from December.

In a bid to overturn the decision – or be awarded damages for the loss of the contract – Gama Aviation has lodged a judicial review in Guernsey’s Royal Court.

Advocate Adkins – a litigation Partner with Collas Crill – said Gama is challenging the decision to award a contract to 247 on three grounds.

He said the States, represented by Penny Grainge, agreed that HSC’s decision was “amenable to a judicial review”.

Gama’s application for a judicial review is based on:

  1. A breach of transparency related to the late change in aircraft requirements in Jersey.
  2. A lack of transparency in reasoning and scoring in Guernsey.
  3. Questions over the rationality of the evaluation and scoring in Guernsey.

Advocate Adkins told Lieutenant Bailiff Hazel Marshall QC that Gama’s grounds are set out in documents provided to the court, along with numerous examples of procurement policies which have been subject to judicial reviews elsewhere.

Score card

He gave examples of how HSC had allegedly failed to follow the States of Guernsey’s procurement policies, including in relation to the scores awarded.

Both Gama and 247 would have been graded with scores between 0 and 4 in different areas.

Advocate Adkins said Gama accepted that when HSC made its decision to go with 247, there was consensus in the scores but not within the reasoning.

Pictured: Both Gama and 247 Aviation provide air ambulance services and other aircraft charters elsewhere.

Contract not signed

The decision to move away from Gama was made earlier this year, with 247 due to take over the Channel Islands’ air ambulance services in December.

It was revealed in court that the contract hasn’t yet been signed despite the life-saving service being used by hundreds of patients every year.

In the meantime, Gama Aviation is still contracted to carry out air ambulance charters until 247 Aviation takes over or the decision to award the contract is quashed.

The case continues…