Mr Justice Beatson has today awarded interim relief on a challenge being handled by Leigh Day & Co. Richard Stein is acting for Pam Smith, a local parish councillor. She is a resident and a patient at the
Creswell Primary Care Centre (CPCC), Nottinghamshire. Pam is challenging the decision-making process of the
North Eastern Derbyshire Primary Care Trust (PCT) in relation to a tender process for the contract to provide general practitioner services to the patients of Creswell and Langwith. She is particularly incensed about the award of ‘preferred provider status’ to
United Health Europe Ltd which is part of US giant
UnitedHealth Group . While the government is keen to push the idea of a ‘patient-led’ NHS, the reality is that true accountability is fast disappearing for the taxpayers who fund the service. The awarding of interim relief today means that a contract cannot be signed between UHE and the NEDPCT until the court has had a proper opportunity to consider the case.
Recent history
The PCT has responsibility for providing GP services to its area, including the villages of Creswell & Langwith where Pam lives, an ex-mining community with higher than average levels of deprivation and poor health. Until recently Creswell PCC, which serves about 7,500 patients, has operated from Creswell, and has also run a ‘branch surgery’ in Langwith. The doctor running this service retired approximately three years ago and the practice was then taken over by a nurse and her husband who provided care for patients using employed doctors.
Concerns about the service
Concerns arose in early 2005 that the level of care provided by the nurse-led practice was unacceptable. Concern centred around the lack of flexibility at the Langwith surgery. Patients were often unable to see a doctor because of the opening hours at the surgery, the only alternative being to use the poor public transport links between Langwith and Creswell, a three-hour round trip, or to use expensive taxis to cover the three miles. Pam is a member of the Patients’ Participation Group (PPG) and regularly attends their meetings.
Hope for change
A proposal from the local parish council that a nearby surgery, Shirebrook Surgery, should register all Langwith patients was dismissed by Shirebrook. However, one of the GPs at Shirebrook, Dr Elizabeth Barrett, put together a proposal to form a new multi-disciplinary team which would take over the Langwith surgery. Parish council members, including Pam Smith carried out a survey, which showed that local residents were strongly in favour of a new and separate GP practice for Langwith. The parish council made a piece of land available for the new surgery despite an ominous silence from the PCT who had been informed of the new plans.
Hopes dashed
The PCT had not been inactive however. In the autumn of 2005 it initiated steps to terminate the exiting contract. A PCT directly run service has been in operation since the end of last year. In November 2005 the PCT advertised an invitation to tender for general medical services for the Creswell PCC. The PCT received nearly 50 expressions of interest, including one from the team headed by Dr Elizabeth Barrett. However this bid was not short-listed. Pam did not hear about the invitation to tender until December 2005, and by the end of December the PCT announced that preferred provider status had been awarded to United Health Europe.
Challenge
Despite Pam’s best efforts to find out more about UHE’s bid she has been unsuccessful. However, it is understood that UHE do not employ any medical or other healthcare staff who could provide the healthcare services that are needed in Langwith and Creswell. Doctors would need to be recruited before any services could be offered. Pam’s challenge to the PCT is based on a failure to involve and consult the very people who will be using the services, under s.11(1) of the
Health and Social Care Act 2001.
Conclusion
Substantial cuts and other changes to the health services are being introduced by PCTS& Hospital Trusts all over the country with very little, if any, consultation with patients.
With regard to GP services, a number of different types of contact have recently been introduced. These different models are bringing in changes to the way that healthcare services are provided and have been introduced with very little scrutiny. The whole relationship between PCTs and service providers is shifting, and the duty to consult which has, until now, been an integral part of the NHS seems under threat. Leigh Day & Co will continue to represent NHS users to want to challenge PCT who fail to consult about the most important of our public services.
For more information please contact
Richard Stein on 020 7650 1200.
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