Judge refuses to lift suspension on award of community health services contract

A High Court judge has refused to lift the automatic suspension in place following a legal challenge to the proposed award of a contract for adult community health services.

NHS Surrey Downs Clinical Commissioning Group had planned to award the contract to the Integrated Dorking, Epsom and East Elmbridge Alliance (IDEEA), which brings together Epsom and St Helier University Hospitals NHS Trust and the three GP federations that operate in the Surrey Downs area. However, this was challenged by Central Surrey Health (CSH).

Steve Flanagan, CSH’s Chief Executive Officer, said: “CSH Surrey has been successful in the first stage of the legal proceedings against NHS Surrey Downs CCG. The judge has decided that NHS Surrey Downs CCG cannot continue with the contract award for the adult community health services to the IDEEA Partners excluding CSH Surrey. We will now consider our next steps.

"CSH Surrey has a proven track record of providing large-scale and high-quality NHS services to patients across Surrey since 2006. We believe our role in delivering adult community services offers the best outcomes for patients and value for money for the NHS.

"We will continue to seek to find a negotiated solution that offers the best outcomes for the people in this area.”

Monckton Chambers, whose Michael Bowsher QC and Ligia Osepciu are representing the claimant, said the case centred on whether the commissioners could continue with a contract CSH had originally been part of, but from which they claimed they were subsequently “marginalised”.

It added that the newly awarded contract had been due to start this month but in light of the legal action the CCG extended incumbent provider CSH’s contract until February 2019.

“It was successfully argued that if the defendant had breached the principles of transparency and equal treatment, damages would not be an adequate remedy for the claimant and the balance of convenience favoured maintaining the suspension, resulting in automatic suspension being maintained until trial,” Monckton said.

Commenting on the rejection of the application to lift the automatic suspension, a spokesperson for Surrey Downs Clinical Commissioning Group said: “This outcome means that the CCG cannot proceed with the contract award to the partnership.... or the mobilisation of the new service until the legal issues have been resolved.

“We believe the new service will deliver more integrated care for local people so naturally we are disappointed by this outcome. However, patient care remains our top priority and we continue to work with all parties to ensure continuity of care, and continuity of services while this matter is concluded.

“As the legal process continues we are unable to comment further at this time.”