NHS Trust seeks to circumvent consultation to secure time-limited funding

TCI commentary:

If this story (per Leicestershire Live) is accurate, we have another dispute over NHS consultation in the East Midlands. To our knowledge, legislation has never provided for an exception to the duty to involve per S.14Z in cases where there is an urgent need to secure funding for capital projects. Yes, there is an exception on grounds of safety, but even then, the NHS must consult local people soon after. If this goes to the High Court, it is difficult to imagine Judges being swayed by the CCG’s Collaborative Commissioning Board.

Just down the road, in Corby, the NHS is licking its wounds from a bruising Judicial Review for breaking its promise to consult. The difference between that case and Leicester is that in Corby the Overview & Scrutiny Committee unwittingly acquiesced in the process. Here, Councillors are taking a more robust stance and demanding proper consultation.

Maybe NHS England should step in and clarify that no viable Transformation plan will be denied funding because it has – correctly and wisely, chosen to listen to the views of the public it serves.

 

Article:

Health bosses will press ahead with plans to reduce the number of intensive care beds at Leicester General Hospital without holding a public consultation.

It was recommended that they hold a public consultation on the plans, despite warnings that it could put £30million of funding at risk.

Richard Morris, director of operations and corporate affairs at Leicester City Clinical Commissioning Group, said: “The case for moving intensive care from the Leicester General site relates to the ability of the services to run safely when there are significant and ongoing operational difficulties including staff recruitment and retention issues and concerns over the cramped layout and appropriate facilities for patient care.

“We are recommending therefore, in the interests of ensuring continued safe services for our patients while significant capital funding is available, that the work to deliver the move of intensive care services from the General Hospital site will proceed.”

Papers released today reveal that the decision was reached after the CCGs received extensive legal advice on their position which suggested capital funding could be withdrawn if a consultation was started at such a late stage.

It could also mean a delay of a further 12 months.

Such a delay – according to the report that will go before the Leicester City CCG Collaborative Commissioning board on Thursday – could mean 1,800 patients having to travel out of the county for surgery and treatment.

The report states: “Aside from the obvious inconvenience to patients and their families, this would mean a loss of £15m to the trust’s income, weakening the trust’s financial position, while there is also not the spare capacity at other centres to absorb this volume of patients.”

Late last month the Joint Health Overview and Scrutiny Commission (HOSC) – made up of councillors from Leicester City Council, Leicestershire County Council and Rutland County Council – slammed the area’s three clinincal commissioning groups (CCGs) and University Hospitals NHS Trust (UHL) for not carrying out a public consultation on the plans to downgrade the General’s intensive care facility.

At a special meeting of the HOSC councillors voted in favour of a motion which read: “Despite all the information provided to the committee by the CCGs and UHL, we are not convinced that any of the reasons given preclude their responsibility to carry out public consultation. As such, in the interests of openness and transparency, the committee recommend that the CCGs and UHL undertake public consultation before continuing with the proposals.”

Health chiefs have said that in recognition of concerns raised by the Joint HOSC, they will ‘engage in broader discussions’ at already planned engagement events that will take place later this month and in November before contracts with the preferred provider are concluded.

Richard Morris added: “These events will provide the opportunity to discuss the implementation of the plans, explain to the public the clinical need and urgency and to listen to and address any concerns or suggestions the public may have.”

A £397 million bid has been made for cash from a national NHS fund for a number of local projects, including a dedicated women’s hospital and a stand alone children’s hospital.

These plans will be discussed with the public at engagement events to be held later this month and next.

Details of the events are available here or by calling the Better Care Together team on 0116 295 4104 .

 

Article originally appeared on Leicestershire Live

The Institute cannot confirm the accuracy of this story or confirm that it presents a balanced view. If you feel this is inaccurate we would welcome your perspective and evidence that this is the case.

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