05/03/2012

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:00:12. > :00:17.Welcome to Inside Out from Leeds. This week, as many businesses

:00:17. > :00:22.struggle to pay their bills, we find out the length so a royal

:00:22. > :00:26.landlord was prepared to go to avoid paying -- paying tax. And

:00:26. > :00:31.what do these strange art works have to do with saving a mint for

:00:31. > :00:36.the Duchy of Lancaster? Also tonight, the forgotten heart

:00:36. > :00:41.patients. Why some say the controversial review of children's

:00:41. > :00:45.heart services has ignored one group of patients. We have the same

:00:45. > :00:53.surgeons, the same team, we should have the same review with the

:00:53. > :01:03.children. And defying the odds. The younger boy who has amazed doctors

:01:03. > :01:17.

:01:17. > :01:20.For many businesses, times are tough and they are looking at ways

:01:20. > :01:22.to reduce their tax bill. But we discovered that the Duchy of

:01:22. > :01:25.Lancaster, which holds the Queen's property portfolio, has been going

:01:26. > :01:33.to unusual lengths to avoid paying tax on one of its properties in

:01:33. > :01:36.Harrogate. This is 11 Ripon Road, near the centre of Harrogate. It's

:01:36. > :01:39.an office building that is on the market for around �1 million. But

:01:39. > :01:48.it's been empty for nearly three years and that could be costing the

:01:48. > :01:55.owner around �16,000 a year in business rates. He owns the

:01:55. > :02:00.property? This is a clue. -- who owns it? His it is owned by the

:02:00. > :02:06.Duchy of Lancaster. The Duchy of -- the Duke of Lancaster is of course

:02:06. > :02:12.the Queen. The Duchy dates back to the 13th century and holds land and

:02:12. > :02:18.property on behalf of the sovereign. Last year, it made a surplus of �13

:02:18. > :02:23.million. Since 2008, landlords have to pay business rates on properties

:02:23. > :02:28.after they had been empty for three months. It seems the Duchy of

:02:28. > :02:34.Lancaster has tried to find ways around pain. What is this?

:02:34. > :02:39.Apparently, if you have a charity in, you get three months rate free.

:02:39. > :02:46.We have been told in order to avoid business rates, 11 Ripon Road has

:02:46. > :02:53.been filled with art. Could the Duchy be trying to avoid tax by

:02:53. > :02:57.placing art in its property? We decided to find out. Posing as a

:02:57. > :03:02.business man, Inside Out journalist Richard made an appointment to view

:03:02. > :03:07.the property. It was arranged for 9am.

:03:07. > :03:11.It is a few minutes to 9am and the property is just up the road. We

:03:11. > :03:18.have a Jaguar, so we look businesslike. We will see how we

:03:18. > :03:25.get on. Richard is met by an estate agent he selling the property on

:03:25. > :03:31.behalf of the Duchy. He walked into the first room and is struck by

:03:31. > :03:41.what is in there. What is this? Apparently, if you have a charity

:03:41. > :03:46.in, you get three months rate free. Is there a sort of art group in as

:03:46. > :03:56.tenants? A victory do their Artin here. In is it OK to take two or

:03:56. > :03:56.

:03:56. > :04:04.three pictures -- they do their art in here. He has finished the

:04:04. > :04:10.meeting and we will see what has happened.

:04:10. > :04:16.Hello, Richard. How did that day? The what you have in there is a

:04:16. > :04:21.deserted office block. The only thing in there is a rather bizarre

:04:22. > :04:28.modern art work. One did it look like? If you look at the camera,

:04:28. > :04:34.that almost looks like draped toilet rolls. Actually, it is

:04:34. > :04:40.dustbin liners. They have been festooned across a room. A are they

:04:40. > :04:50.all like this? The have different types of art work. There are

:04:50. > :04:51.

:04:51. > :04:56.balloons, often for oil. There is very as types of plastic bags. The

:04:56. > :05:00.estate agent was open. This is a tax dodge. She said the art work is

:05:00. > :05:07.there to reduce the outgoings of the people who own the building,

:05:08. > :05:12.the Duchy of Lancaster. There are little cards. I picked up the one

:05:12. > :05:18.of the person who has done the art work, he is called Josh Artus. Is

:05:18. > :05:26.that Josh Artus? Josh explains the service he offers. In case you are

:05:26. > :05:32.wondering, it is not a charity. have my own art company. It is

:05:32. > :05:37.based on helping clients manage their empty rates. He says he knows

:05:37. > :05:43.what he's doing. The air are cases being fought against companies,

:05:43. > :05:49.illegally doing it -- and there are. We do occupy the property. We do

:05:50. > :05:53.not make up a fake company. We have artists working in the building.

:05:53. > :05:58.They claim people can make an appointment by e-mail to view the

:05:58. > :06:05.art works. We tried to make an appointment, but after two weeks,

:06:05. > :06:08.we still had no response. We have tried sending e-mails and

:06:08. > :06:15.telephoning Josh Artus and his colleagues. But they did not return

:06:15. > :06:20.our telephone calls. The duchy said that ACTE Arts apologised for not

:06:20. > :06:23.responding to the viewing request and will ensure it is not repeated.

:06:23. > :06:28.The organisation said it had several exhibitions which have been

:06:28. > :06:32.viewed favourably on the site. It plans many more for the remainder

:06:32. > :06:36.of its tenancy. It says the building supports artists and is

:06:36. > :06:46.for the benefit of the community. The question is, are they doing

:06:46. > :06:46.

:06:46. > :06:50.anything wrong? It is not my taste in art! I am no expert,. Stuart

:06:50. > :06:55.Hicks is an expert on business rates and advises landlords on how

:06:55. > :07:00.to reduce their tax liability within the law. Whether it is to

:07:00. > :07:05.your taste, would you advise people to do this to reduce rates? It is

:07:05. > :07:10.not something I would advise to proceed with. Stewart has sympathy

:07:10. > :07:17.with landlords facing bills on properties that are lying empty.

:07:17. > :07:22.economy is difficult. -- the economy is difficult. Landlords

:07:22. > :07:25.with empty property are suffering. How can they reduce their

:07:25. > :07:32.liability? The law is black and white in terms of what people can

:07:32. > :07:38.do, such as occupation for 43 days, after that, there is a period of

:07:38. > :07:43.relief. The problems that can arise is if the property is not occupied

:07:44. > :07:48.genuinely, alternatively, occupied for the purpose for which the

:07:48. > :07:54.property is there. What do you think of the use of this property

:07:54. > :07:58.in Harrogate? I would be concerned it was not a genuine occupation, in

:07:58. > :08:05.which case the billing authority could seek to take action to

:08:05. > :08:08.recover the money claimed. Duchy told us that ACTE Arts

:08:09. > :08:15.occupied the building twice last year and in accordance with rating

:08:15. > :08:20.law, the Duchy have claimed a total of six months business rate relief.

:08:20. > :08:24.The Arts Company occupied the building for 45 days in March and

:08:24. > :08:29.April and 50 days from July to September, in other words, just

:08:29. > :08:35.over the 43 day limit. There were precisely three months between the

:08:35. > :08:39.two occupations. The duchy said they reimbursed ACTE Arts for their

:08:39. > :08:43.business rates during short periods of occupation and that the company

:08:43. > :08:48.has signed a six-month lease, during which time the business

:08:48. > :08:57.rates will be paid. There are many charities genuinely occupying empty

:08:57. > :09:01.buildings and I have come to visit one of them. East Street Arts is a

:09:01. > :09:05.registered charity that has been around for 20 years and they have

:09:05. > :09:12.occupied this empty building in Leeds since October. What have you

:09:12. > :09:17.got going on? A range of things from young people producing art, to

:09:17. > :09:22.painters, to people working on experimental animation and we have

:09:22. > :09:28.actors rehearsing. What do you do you have with the landlord?

:09:28. > :09:35.landlord gives us a tenancy, in this case for one year, and for low

:09:35. > :09:42.rental. We get a building cheaply and then landlord finds a tenant,

:09:42. > :09:46.even though they are not getting a big rental. Stuart Hicks believes

:09:46. > :09:54.that putting these so-called art works into 11 Ripon Road was a

:09:54. > :10:00.mistake. Have -- I have been approached in the past by companies

:10:00. > :10:06.offering a similar sort of service, but my advice to landlords I

:10:07. > :10:11.represent has been not to go ahead. How serious could this be? If the

:10:11. > :10:16.occupation is a sham, there are problems potentially with her

:10:16. > :10:22.Majesty's Revenue and Customs, who could see the claiming of rate

:10:22. > :10:32.relief as a serious issue. Could the Queen's private land portfolio

:10:32. > :10:34.

:10:34. > :10:37.find itself in trouble with Her Majesty's Revenue and Customs?

:10:37. > :10:42.The controversial review of children's heart surgery that could

:10:42. > :10:47.see the unit in Leeds closed is still being fought in the courts.

:10:47. > :10:50.Away from that, there is a group of patients who believe they will be

:10:50. > :10:56.affected by future changes, who say they have not really been

:10:56. > :11:04.considered. My heart has a leaking a foul for.

:11:04. > :11:13.It causes one side to work harder than the other -- valve. It's will

:11:13. > :11:16.make a difference. He will be limited in his activities. Phil

:11:16. > :11:22.Varley is about to undergo an operation to fix a problem with his

:11:22. > :11:27.heart he was born with. I asked the doctor the bottom line and he said

:11:27. > :11:30.if I did not get it done, I would not see 60. He is one of a growing

:11:30. > :11:35.number seen as a modern medical miracle, children born with

:11:35. > :11:39.congenital heart disease who are surviving two adults. There are

:11:39. > :11:44.concerns that a review of children's heart services in

:11:44. > :11:49.England that could see operations stop in Leeds, could lead the loss

:11:49. > :11:55.of adult congenital surgery, too. We have the same surgeons and team,

:11:55. > :12:00.we should have the same review with the children. It is bizarre not to

:12:00. > :12:10.consider the two services together. After all, what is important is the

:12:10. > :12:14.patient. With the two together, it could not have been managed in

:12:14. > :12:17.practical terms. Phil Varley faces a difficult operation but the

:12:17. > :12:21.outcome could make all the difference to his life. We get

:12:21. > :12:28.married next year and have our lives to look forward to. That will

:12:28. > :12:33.get me through it. The media spotlight has so far been fixed on

:12:33. > :12:37.controversial plans to reorganise children's heart surgery, which

:12:37. > :12:41.could see centres like Leeds stop operating, and it follows the

:12:41. > :12:46.scandal at the Bristol Royal Infirmary in the 1990s, when

:12:46. > :12:54.children died due to poor care. The NHS once bigger specialist centres

:12:54. > :13:01.to ensure surgeons have enough patients to keep their skills honed.

:13:01. > :13:05.But are they the same surgeons operating on children as adults? It

:13:05. > :13:09.has left some questioning why adults were not included in the

:13:09. > :13:14.review. Kimberley Botham was born with serious problems to her heart.

:13:14. > :13:18.She relied on the expertise in Leeds her whole life. If I have

:13:18. > :13:27.surgery, I have to have it done with a congenital heart surgeon,

:13:27. > :13:32.and most of the MoD children's surgeons. I cannot go to my local

:13:32. > :13:36.hospital for an anaesthetic. I broke my arm and had to go to Leeds

:13:36. > :13:41.to have pins fitted. If I have children, I have to have a surgeon

:13:41. > :13:49.ready in case anything goes wrong. We have to be at these centres. Yet,

:13:49. > :13:52.they have ignored the adults who need that service. Dr John Gibbs is

:13:52. > :13:58.a former president of the Congenital Heart Patients

:13:58. > :14:04.Association. He is a consultant in Leeds. It is incomprehensible. The

:14:04. > :14:08.patients need an ongoing service through their lives. The specialist

:14:08. > :14:13.expertise required to look after them is common among children and

:14:13. > :14:23.adults and all centres work closely between children and adult services

:14:23. > :14:25.

:14:25. > :14:30.and it is bizarre not to consider The NHS says the decision was taken

:14:30. > :14:34.because adults have difficulty -- different needs. But this is an

:14:35. > :14:40.issue that has divided opinion will stop this is a letter sent to the

:14:40. > :14:44.NHS body running the children's review back in 2010. It is on

:14:44. > :14:46.behalf of 34 doctors and nurses and calls for the to refuse to be an

:14:46. > :14:52.integrated process rather than seen as two issues with a separate

:14:52. > :14:56.solutions. But the BBC has also seen a damning e-mail sent just a

:14:57. > :15:01.few months ago by a senior doctor called Graham Stuart who sits on a

:15:01. > :15:06.influential panel that advises the children's review. This is a copy

:15:06. > :15:11.of the e-mail which was sent to me enormously in the post. Bennett, it

:15:11. > :15:15.says clearly, it was ludicrous to only consider paediatric services

:15:15. > :15:18.when at a critical level, we're all running services for both are adult

:15:18. > :15:24.and paediatric patients. In retrospect, I should have jumped up

:15:24. > :15:28.and down and screeched like a banshee and will sense prevailed

:15:28. > :15:31.and adults was included or I collapsed foaming at the mouth. The

:15:31. > :15:37.image says says this is not the general view of professional bodies

:15:37. > :15:42.involved in the process. I don't agree but the fundamental points

:15:42. > :15:47.made in that e-mail and those are not points in the wide process that

:15:47. > :15:52.has gone on throughout all the professional groups. A there was a

:15:52. > :15:55.pressing need because children were dying and it was thought they were

:15:55. > :15:59.dying unnecessarily so the view was taken to get on with the review of

:15:59. > :16:02.children. That is four years downstream, the adult review only

:16:02. > :16:07.started last year and paediatricians don't want for the

:16:07. > :16:10.delay on this. So why does it matter whether adults were included

:16:10. > :16:13.in the children's review? A separate review into adult surgery

:16:14. > :16:18.is now under way and should overhaul a service that is

:16:18. > :16:21.desperately in need of change. But some people fear the children as if

:16:21. > :16:27.you will have already decided where many of the surgeons they need will

:16:27. > :16:30.be based. Michael Cumper is from the grown-up congenital heart

:16:30. > :16:37.patients' Association and also sits on the advisory board for the adult

:16:37. > :16:42.review. The result of safe and sustainable will determine where

:16:42. > :16:48.the children's surgical units are and as the surgeons are the same

:16:48. > :16:52.teams as operate on the adults, then it will obviously determine

:16:52. > :16:55.where the adult centres will be as well. The idea that the original

:16:55. > :16:59.plan was for adult surgery to follow children's can also be found

:16:59. > :17:04.in discussions between members of an expert panel set up to advise

:17:04. > :17:07.the children's review. In a limited conversation, one senior doctor

:17:08. > :17:12.reminded colleagues that there had been an expectation that adult

:17:12. > :17:17.services would eventually be Co located with children's. In essence,

:17:17. > :17:22.some believe this also means that if the centre like Leeds lost its

:17:22. > :17:26.children's heart surgery, then adult operations would be lost, too.

:17:26. > :17:35.If you took away paediatric cardiac surgery, they would not be enough

:17:35. > :17:40.work to sustain its expertise for adults here in Leeds. If it went

:17:40. > :17:43.from here, I believe adults would as well. The NHS refutes any

:17:43. > :17:46.suggestion that adults will have to follow children's and say there is

:17:46. > :17:52.no requirement for adult and children's services to be located

:17:52. > :17:58.together. Absolutely no decision has been made in that regard, and

:17:58. > :18:04.nor is any decision inevitable. Isn't it commonsense that if you

:18:04. > :18:08.move it from one city, it. From where it has gone? We say first of

:18:08. > :18:14.all what the most desirable service is and there is no reason

:18:14. > :18:17.whatsoever that this stage there are stand alone adult congenital

:18:18. > :18:23.services cannot exist provided there are an adequate number of

:18:23. > :18:25.cases and volume for the surgeons have to do. The children's review

:18:26. > :18:29.is currently being challenged in the courts but could make a

:18:29. > :18:33.decision as soon as the spring as the adult review could stretch well

:18:33. > :18:40.into 20 that team needing some people are uncomfortable about what

:18:40. > :18:46.the future holds. I don't know what surgery centre I will end up at

:18:46. > :18:49.come I don't know if Leeds will close. If it closes, I will go to

:18:49. > :18:57.Birmingham and that terrifies me because I think it will be overrun

:18:57. > :19:00.but patience. The operation on Phil's hard to clearly 10 hours to

:19:00. > :19:06.complete and was a success. Eight weeks on and he is feeling much

:19:06. > :19:10.better. It has already made a difference. I feel better in myself

:19:10. > :19:15.and if it wasn't for the surgery, maybe my life would have stopped

:19:15. > :19:18.sooner than what it will. For Phil and thousands like him who were

:19:18. > :19:23.born with congenital heart disease, the reorganisation of their

:19:23. > :19:28.surgical care is seen by experts as a rare opportunity. The question

:19:28. > :19:34.now is, where do they go from here? Do they backtrack and start again

:19:34. > :19:37.from scratch or do they carry on and see what the outcome is? I

:19:37. > :19:43.would prefer they carried on because the worst thing is delay

:19:43. > :19:47.and mortar late. I think that having been to refuse separately is

:19:47. > :19:50.something that will work very effectively. It has made me feel

:19:50. > :19:54.like we don't matter and we are just aside think that they will

:19:54. > :20:04.think about later. The NHS says no decisions have been made in terms

:20:04. > :20:05.

:20:05. > :20:08.of either review and there are no plans to bring the two together.

:20:09. > :20:14.Imagine being told your baby has an incurable disease and could die

:20:14. > :20:17.before reaching his first birthday. That was the stark reality effaced

:20:17. > :20:22.by Steve and Diane Waller more than a decade ago but their son Jack

:20:22. > :20:32.defied medical opinion and we have been to meet this remarkable young

:20:32. > :20:36.

:20:36. > :20:42.boy. And 12 candles on the cake but few

:20:42. > :20:46.believed he would live long enough to delight. All children spread

:20:46. > :20:51.these are special but as a parent, imagine how pressures they would

:20:51. > :20:57.seem if you feared each of them might be their last. We were told

:20:57. > :21:03.that Jack would die suddenly at any minute out of nowhere. Jack had

:21:03. > :21:06.this very rare lung condition and there was nothing they could do but

:21:06. > :21:12.to take him home and enjoy the time with him because he would probably

:21:12. > :21:16.not see his first but it. A Jack suffered from a rare and fatal lung

:21:16. > :21:20.condition called primary pulmonary hypertension. For four years, he

:21:20. > :21:27.had to wear a back pack which injected life-saving drugs into his

:21:27. > :21:35.heart. There were times when I thought, I will never make it and

:21:35. > :21:42.this will be the end. I am a natural born fighter, whatever life

:21:42. > :21:47.throws at me, through letters of the way. I like that song, just

:21:47. > :21:51.look on the bright side of life. Jack is in London with his dad for

:21:51. > :22:01.one of his regular trips to Great Ormond Street. In total, he has

:22:01. > :22:03.

:22:03. > :22:07.probably spent a year of his life so far in hospital. This is a

:22:07. > :22:10.familiar routine for Jack and the staff here. They will know that

:22:10. > :22:14.without the constant medical intervention, he wouldn't have

:22:14. > :22:18.survived this long. Blood test Tarin but it is Jack who is giving

:22:18. > :22:28.the middle. The nurse is an Arsenal fan and tonight the London team is

:22:28. > :22:31.

:22:31. > :22:39.playing Jack's beloved Liverpool. You should see me on the train, who.

:22:39. > :22:44.Whatever happens on the pitch, a jack winds the pre-match banter.

:22:45. > :22:53.Kaka is literally thousands of blood tests and it would upset and

:22:53. > :23:01.adults. Gay I don't mind having blood tests. In fact now I laugh at

:23:01. > :23:05.the needles. Jack's spleen is severely is one of through medical

:23:05. > :23:15.complications and and knock could burst at with fatal consequences.

:23:15. > :23:17.

:23:17. > :23:22.It is one of a long list of challenges he faces. Jack became

:23:22. > :23:28.the face of the Bluebell Wood Children's Hospice Appeal and he

:23:28. > :23:34.raised �500,000 towards its building costs. A double lung

:23:35. > :23:43.transplant at the age of 5.5 saved his life. Unfortunately it is not a

:23:43. > :23:49.cure and so, Jack is doing very well and we hope he will have many

:23:49. > :23:54.more years of great quality of life. We are extremely proud of him. The

:23:54. > :24:00.way he has progressed is definitely down to his character. He is a

:24:00. > :24:03.stubborn the devil and he has always asked questions. The doctors

:24:03. > :24:13.and nurses will speak to him in a manner that he can understand but

:24:13. > :24:19.

:24:19. > :24:29.they don't treat him like a little kid. He still needs a daily

:24:29. > :24:32.cocktail of drugs to keep him alive. Since my transplant, I have had so

:24:32. > :24:42.many people looking after me and I am grateful to all of them because

:24:42. > :24:44.

:24:44. > :24:48.without any of this, I would never have made it to the stage. It is

:24:48. > :24:53.Jack's 12 but the today and he is opening his cards and presents with

:24:53. > :25:01.his and her brothers, Adam and Joe. Despite the celebrations, there's a

:25:01. > :25:05.school day to prepare for and Jack is not skipping lessons today.

:25:05. > :25:09.Every parent is proud of their child's milestones but Jack's

:25:09. > :25:14.didn't think he would survive long enough to a temporary school. He is

:25:14. > :25:18.now in his first year at Muff comprehensive. We used it

:25:18. > :25:27.laparoscope, he was wearing a backpack that kept him alive. Seven

:25:27. > :25:31.years on, he spread the is a cause for celebration. There are over

:25:31. > :25:36.1800 pupils in the school and many of them tower over Jack. Things

:25:36. > :25:40.they take for granted like walking to and from lessons, for Jack, can

:25:40. > :25:43.be potentially life threatening. The school is all too aware of the

:25:43. > :25:49.need to keep Jack away from any chance of being knocked by other

:25:49. > :25:55.pupils. He avoids the rash and only leaves when it is safe to do so. He

:25:55. > :26:05.has his own support worker to escort him to and from lessons.

:26:05. > :26:05.

:26:06. > :26:11.don't want to get caught up in the rush. Often is there anything going

:26:11. > :26:16.around school, for example chicken pox, he cannot come into school. He

:26:16. > :26:22.would pick things up a lot more quickly than other children so that

:26:22. > :26:27.would affect his tiredness and things like that. He is definitely

:26:27. > :26:30.an inspiration to a lot of the children in their in the amount he

:26:30. > :26:36.copes with and he is still doing everything they do. His friends

:26:36. > :26:45.agree. What you think about the fact that he is still coming to

:26:45. > :26:50.school and doing his lessons? just America that he is still here.

:26:50. > :26:56.It is amazing that somebody with so many problems and so many things

:26:56. > :27:00.going on in his life and he is still positive about it. He make me

:27:00. > :27:04.think that we're all lucky. would you think about the fact that

:27:04. > :27:10.you can't quite do everything everybody else does? I find it a

:27:10. > :27:17.bit depressing but I may not be able to do it but I am still lucky

:27:17. > :27:21.because I was told I wouldn't see my first British. I have come to

:27:21. > :27:31.the Yorkshire why live tower and today there is a new junior ranger

:27:31. > :27:34.

:27:34. > :27:36.on patrol. This is quite disgusting fact, they eat their own Pep!

:27:36. > :27:42.has notched up another birthday they thought he would never see.

:27:42. > :27:51.Next year he will be a teenager and he has hopes and ambitions for the

:27:51. > :27:55.future. If I do we get to being an adult, I want to become the world's

:27:55. > :28:01.youngest opera which is 15 or 16 years old. Hopefully I can live

:28:01. > :28:06.long enough to do that. He has just been through so much pain and

:28:06. > :28:10.frustration that he manages to keep smiling and he is an amazing little

:28:10. > :28:16.boy and he fights everything and he has the will to live and he is

:28:16. > :28:26.determined he is going to enjoy it. I want him to have the best, he

:28:26. > :28:26.