Court of Appeal agrees to hear NHS accountable care organisation contract dispute

The Court of Appeal has granted permission to campaign group 999 Call for the NHS, in its challenge to the proposed payment mechanism in the NHS Accountable Care Organisation contract, it has been reported.

Landmark Chambers, whose David Lock QC and Leon Glenister represent 999 Call for the NHS, said permission had been granted on all of the seven grounds argued by the group.

The ACO Contract proposes that healthcare providers are not paid per treatment, but by a ‘Whole Population Annual Payment’, which is a set amount for the provision of named services during a defined period.

The claimants argue that this shifts the risk of there being an underestimate of patient numbers from the commissioner to the provider, and endangers service standards.

Mr Justice Kerr dismissed the claim in the High Court in May.

Lock and Glenister are instructed by Rowan Smith and Anna Dews at Leigh Day.