Press release: NHS Confederation response to North Eastern Derbyshire Primary Care Trust judicial review ruling

15 Jun 2006

Commenting on today's court ruling on the judicial review of North Eastern Derbyshire PCT's decision to appoint United Health Europe Limited to provide GP services in two villages, Nigel Edwards, Director of Policy at the NHS Confederation said:

"This judgement is a useful clarification that the principle of the importance of appropriate public and patient involvement in the NHS is established through legislation - section 11 - but it is for local organisations to make sensitive, local decisions about each case.   We strongly support this approach.   

"The judgement should inform the Department's current policy work on patient and public involvement - the emphasis must be on outcomes rather than dictating precise procedures from the centre.

"Given section 11 is a broad framework and 'has a very wide application' and the language 'is somewhat imprecise', we would welcome good practice in this area to be shared and Department of Health guidance kept updated. Specifically, we recognise and support the emphasis given in the ruling to the Patient Forum as a lynchpin in an effective patient and public involvement approach.

"The ruling sends an important message that the fact an organisation from outside the traditional NHS is involved in a contract does not in itself require a formal consultation.    

"At present NHS providers have to consult if they want to make a major change to services whereas the independent and voluntary sectors are not required to do this. The increasingly plural NHS market means that a new approach to consultation will be required. "

Ends

 

Notes for editors

1. The NHS Confederation represents more than 90 per cent of the organisations that make up the NHS. Its members include the majority of NHS acute trusts, ambulance trusts, foundation trusts, mental health trusts, primary care trusts, special health authorities and strategic health authorities in England; trusts and local health boards in Wales; and health and social service trusts and boards in Northern Ireland. 

Contact details

Contact Senior Media Officer Amy Darlington on 020 7074 3304 or 07767 770309.

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