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Air ambulance contract row goes to court after Guernsey defeat

A small helicopter landing pad at a Jersey hospital, seen from a slight distance on a grey autumn morning, with a single ordi

In brief: A legal challenge against the Government of Jersey’s decision to award its air ambulance contract to 247 Aviation is scheduled for 4 and 5 November. The hearing comes after incumbent provider Gama Aviation lost a parallel challenge in Guernsey, where a court found that 247 had won that island’s contract “fair and square.” The planned handover of the service is set for 1 January 2027.

The Contract at Stake

Gama Aviation has operated emergency air ambulance services for both Jersey and Guernsey since 2020, the Jersey Evening Post reports. Its original five-year contract was extended while procurement processes took place in both islands, with that extension due to expire on 31 December this year. The Government of Jersey has since awarded the contract to 247 Aviation, a decision Gama is now contesting in court.

A Gama spokesperson confirmed to the JEP that a hearing concerning Jersey’s procurement decision is scheduled for 4 and 5 November. The company declined to comment further on the forthcoming proceedings. The Government of Jersey had been contacted for comment at the time of publication but had not responded.

What Happened in Guernsey

The Jersey hearing follows a defeat for Gama across the water. Lieutenant Bailiff Hazel Marshall dismissed Gama’s application for judicial review in Guernsey after hearings during September and October, concluding that 247 had won that contract “fair and square.”

Gama had challenged the fairness and transparency of the tender process in Guernsey, including the reasoning and scoring behind the decision. The court found no evidence that Guernsey had treated the bidders unequally. It also heard that 247’s proposal had scored more highly in both islands and was cheaper than Gama’s. The judge additionally criticised Gama for the delay in bringing its Guernsey application.

While the court acknowledged what Gama described as “several procedural shortcomings,” it concluded that the grounds of challenge were insufficient to meet the high bar required for judicial review. Gama said it was disappointed and would consider whether to appeal the Guernsey ruling.

“This is the first time in our 43-year history that we have challenged a procurement award,” the company said, adding that it had not taken the decision lightly.

Jersey’s Separate Proceedings

It is important to note that the Guernsey ruling concerned only that island’s procurement decision. Jersey’s award will be considered independently in next week’s hearing. Gama’s challenge in Jersey had also included concerns about changes to aircraft requirements during the tender process, the JEP reports.

The timing is tight. The Jersey proceedings begin less than two months before the planned handover of the service on 1 January 2027, meaning any legal uncertainty will need to be resolved quickly if the transition is to proceed on schedule. Gama continues to operate the service in the meantime.

Source: Jersey Evening Post

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