Judicial Review Granted of NHS England’s Accountable Care Organisation contract.

A judge has granted permission for national campaign group 999 Call for the NHSto bring a Judicial Review of NHS England’s draft Accountable Care Organisation contract. The group believe this is not only unlawful under current NHS legislation, but would threaten patient safety standards and limit the range of available treatments. The case will be held in Leeds High Court on 24th April 2018.

‘999 Call for the NHS’ and internationally recognised public law firm Leigh Day are launching the third and final stage of their crowdfund on 12 January, in order to cover all the costs of bringing the Judicial Review, and are appealing for £12,000. This amount, when added to existing funds donated by hundreds of generous members of the public in 2017, will cover the £37,000 cost of the Judicial Review.

The link to crowdfund is: Crowd Justice Healthcare4All Stage 3 . Please give what you can – any amount is useful.

Recognising that it is in the public interest to establish if the Accountable Care Organisation contract is lawful or not,  the Judge has awarded 999 Call for the NHS a capped costs order of £25K. This limits the costs that the campaign group would have to pay NHS England, were they to lose the case.

999 Call for the NHS – originally well known as the Darlo Mums who organised a 300 mile Jarrow to London People’s March for the NHS in 2014, culminating in a rally in Trafalgar Square attended by 20,000 people – are challenging NHS England’s introduction of a model contract for use by new local NHS and Social Care organisations, known as Accountable Care Organisations (ACO).

We can help https://www.crowdjustice.com/case/healthcare4all-stage3

Interestingly Dudley Clinical Commissioning Group “is in the process of trying to establish …perhaps the only example of an advanced ACO type model”, according to the Health Service Journal (HSJ), and had hoped to award the Accountable Care Organisation contract by April 2018. Now however, they have confirmed they are planning to award the contract after guidance by NHS England and NHS Improvement (the Regulator with Dido Harding as ‘Chair’) with a start date in April 2019.

Has the 999 Call for the NHS Judicial Review put a spanner in the works? We can only guess!

According to the HSJ, the Dudley Clinical Commissioning Group had planned that the contract would take forward the “multispeciality community provider” (MCP) new care model, (a form of Accountable Care Organisation).  Worth £5bn, the contract would incorporate a capitated (per person) budget to cover  much of the health and some social care for the population in the  area. This is not the usual current form of payment for NHS treatments, which is based on the actual costs of treatments that are provided.

What happens  if the  Accountable Care Organisation budget for the population does not meet the costs of the treatments that patients need? Who gets treatment then?

Please help us fight the dismantling of the NHS, to save healthcare for all. https://www.crowdjustice.com/case/healthcare4all-stage3

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ps Scotland and Wales have different systems. We do not know how these changes to Accountable Care Systems and Organisations if allowed to happen, will affect patients needing to travel across borders.