UNISON takes DH to court for ‘unlawful’ consultation

Wednesday, August 25th, 2010

UNISON, the UK’s largest public service union, has started legal action against the Secretary of State for Health as part of a campaign to save the NHS.

The union claims that the Government’s refusal to consult the public on the proposals in its White Paper, Equity and Excellence: Liberating the NHS, is unlawful and “lip service of the worst kind”.

The day after the White Paper was published, NHS Chief Executive Sir David Nicholson told all NHS chief executives to start implementing the proposals “immediately”. UNISON wrote to Sir David arguing that no steps should be taken until the public have had the opportunity to consider them.

The plans include handing £80 million to GPs to commission care and abolishing Strategic Health Authorities and PCTs.

Sir David agreed that no changes should be made until after the consultation period, but added that the consultation only covers to how the proposal should be implemented, not whether it should be implemented at all.

Karen Jennings, UNISON Head of Health, said: “I find it incredible that the NHS Chief Executive would say he believes there is no legal duty on the Secretary of State to consult on the merits of the proposals in the White Paper.

“The White Paper contains sweeping changes to the NHS and how it should be run. The NHS Constitution enshrines the principle that the public, staff and unions have an absolute right to be consulted. The Department of Health’s refusal to recognise this clear and important legal duty leaves us no option but to issue legal proceedings as a matter of urgency.”

The Government has rejected the accusations and says that it will defend against the legal action. A spokesperson said: “The Government has already launched public consultations on specific elements of the White Paper, and further documents will be published this year.”

UNISON has said that this legal action is the start of its campaign to prevent such large-scale changes to the NHS. In a statement it said: “This must be supported by health workers and public sector workers across the country. The true message of what is happening must be exposed to the public so they can hold this Government to account for its broken promises, and to stop the decimation of the NHS.”

Government to remove default retirement age

Friday, July 30th, 2010

Government plans to remove the Default Retirement Age (DRA) by 2011 have met with a mixed reaction from employment and business organisations.

The ruling, which was originally introduced by the previous government, will take away an employer’s option to retire staff at the age of 65 and has led to fears that companies could be forced to keep staff on indefinitely.

However, exponents of removing the DRA argue that the change will encourage better management and result in cost-savings for employers.

The Forum of Private Business has expressed concern that the decision could prove “highly damaging” to thousands of small firms, as business owners will be forced to keep on workers past the age of 65, whether they want to or not.

In recent survey, the Forum points out, just 4% of its members felt removing the default retirement age was justifiable.

Forum spokesperson Chris Gorman said: “We are by no means disputing the valuable skills and experience older people bring to the workplace. Most employees are certainly competent enough to work beyond the age of 65 without a significant deterioration in their abilities. However, for those employees not willing to leave voluntarily, there will eventually come a time when the needs of the business will have to be considered.

“In the absence of a default retirement age, the only viable option available to an employer is a capability dismissal based on the declining competence of the worker. We believe this would be an undignified and humiliating end to a career for most staff.”

In contrast, the Chartered Institute of Personnel and Development (CIPD) has welcomed the decision. CIPD Diversity Adviser Dianah Worman commented: “Our research has shown that many employees wish to work past retirement for differing reasons and many employers are already benefiting from allowing such flexibility. With the allowed transition period of six months and adequate support, employers will be able to continue to benefit from retaining the knowledge, skills and experience of older workers.

“We would encourage all employers to look at the potential cost saving benefits of continued good practice and management of their older workforce.”

Cancer fund ‘could save hundreds of lives’

Tuesday, July 27th, 2010

An extra £50 million is to be made available to help patients access innovative new cancer drugs, the Government has revealed.

This fund, due from October, precedes the promised Cancer Drugs Fund due to commence in April next year. Doctors will be put in charge of deciding how the funding is spent based on the advice of cancer specialists.

The announcement coincides with the publication of a report by National Cancer Director Professor Sir Mike Richards, which shows the UK’s uptake of new drugs falls behind other European countries.

Minister for Universities and Science David Willetts said: “The UK is a world leader in researching and developing innovative medicines to improve health and save lives. The swift uptake of new treatments within the NHS is vital so patients can benefit, and I welcome Professor Richards’ recommendation that we need to do more to achieve this.

“Sustaining the rapid adoption of new advances is also important to promote research and development by the life sciences industry. Through the Office for Life Sciences, my department is committed to working with the Department of Health to ensure that the changes we are making to the NHS deliver both health and economic benefits.”

While the research showed good provision of drugs such as statins in the UK, the country had a low ranking for access to drugs for dementia, multiple sclerosis and newer cancer drugs. However, many of these cancer drugs have not been approved by NICE.

Andrew Dillon, Chief Executive of NICE, told the BBC: “There will always be exceptions to our recommendations which are justified on clinical grounds. A national fund to meet the cost of these exceptional cases, administered in a consistent way, complements NICE guidance and we are happy to work with the new arrangements.”

Patient groups have also welcomed the new fund. Nick Turkentine, Chief Operating Officer for the James Whale Fund for Kidney Cancer, said: “For the past four years we have been pleading in front of juries of PCT administrators to allow patients to have proven, innovative cancer drugs that clinicians want to prescribe. Today’s accelerated plans to pay for an emergency drug fund could save hundreds of lives as long as these clinically led regional panels do not hold up proceedings.”

Government reveals plans for local health services

Thursday, July 22nd, 2010

Andrew_Lansley GP consortia will be in charge of commissioning health services at a local level, supported by an independent NHS commissioning board.

These are part of the Government’s plans for how local healthcare should be managed, revealed today in two public consultations Commissioning for Patients and Local Democratic Legitimacy in Health.

These publications expand on the recent White Paper Equity and excellence: Liberating the NHS.

The Government intends for patients, locally elected councillors, local authorities, public health experts and others to work with GP consortia to make health services meet the needs of local areas and improve health outcomes.

The Health Secretary and Communities Secretary hope these proposals will mean “services become more responsive and developed in ways that fit around the people who use them”.

As part of the plans, local health improvement funds will be held by local authorities. A new patient group, local HealthWatch – “a ‘citizen’s advice bureau’ for health and social care” – has also been suggested.

Secretary of State for Health, Andrew Lansley, said: “Power has to be devolved to local people so that decisions about their health are made by them, or by people that best understand their needs.

“Whitehall can’t prescribe all of this, and the health service shouldn’t wait for a rule book from Government. Everyone should have their say in these consultations so we can get on with building strong local partnerships and improve people’s health.”

In a consultation running until 11 October 2010, the Government is asking for feedback on:

  • How GP consortia and the NHS Commissioning Board can best involve patients in improving the quality of health services.
  • How GP consortia can work closely with secondary care, community partners and other health and care professionals to design joined-up services that are responsive to patients and the public.
  • How the NHS Commissioning Board and GP consortia can best work together ensure a national framework that supports consortia in making effective and efficient commissioning decisions
  • How the NHS Commissioning Board can best support consortia and hold them to account for the outcomes they achieve and their stewardship of NHS resources.

White Paper: ‘Compelling,’ but a ‘significant risk

Thursday, July 15th, 2010

The Government’s White Paper for the NHS has been dismissed as a ‘political experiment’ that could destabilise the health service.

Critics claim the proposals, which will see the abolition of PCTs and SHAs and the emergence of commissioning led by GP consortia, represent a significant U-turn from a coalition Government who only weeks ago promised there would be no top-down reorganisations of the NHS.

But NHS Chief Executive, Sir David Nicholson, said the document – Liberating the NHS – set out a ‘compelling vision’ for an NHS configured to deliver increasing quality of services.

“The ambition is high and the proposed timetable is rapid,” he said. “The vision needs to be realised through a period in which the NHS needs to achieve £15-20 billion of efficiency savings to reinvest in improving quality and outcomes. This represents a significant delivery challenge.”

Shadow Health Secretary Andy Burnham labelled the changes a political experiment. “It is a huge gamble with an NHS that is working well for patients,” he said.

Under the new proposals, GPs will be handed around £80 billion of the NHS budget to commission patient care, with vast swathes of NHS management positions being cut away. Tens of thousands of jobs in PCTs and SHAs will be shed in the next four years. SHAs will be “abolished as statutory bodies during 2012/13” and PCTs “from April 2013”.

The reforms will once again redraw the pharmaceutical industry’s customer-base. It will undoubtedly impact the industry’s sales methodology – and may well facilitate a move back towards primary care field forces, albeit on a much smaller scale.

Andy Lee, Commissioning and NHS Partnerships Director at WG Consulting said: “The White Paper promises significant reform and a renewed focus on quality and patient outcomes. However, it appears to offer equal measures of increased opportunity and exposure to risk. The devil will be in the details and the negotiations to follow.”

The King’s Fund described the programme as being unlike “anything we have seen since the inception of the NHS in 1948”. It said the plans were “not without risk” and that some GPs would not have the skills to manage the budget. Sir David Nicholson agreed, saying that the scale of change being proposed was “unprecedented and affects all parts of the service”.

“The lesson of past reorganisations was that there is a ‘significant risk’ during this transition, of a loss of focus on quality, financial and performance disciplines as organisations and individuals go through change,” he said.

Nicholson had appeared to question the Government’s plans, in particular the proposed speed of change. Speaking at last month’s NHS Confederation conference, he said he doubted the reforms would be anywhere near completion for full implementation by the date set by the Health Secretary, and that the transfer of NHS commissioning to GPs by 2012 was ambitious. “It’s dangerous to put a date of that nature on it,” he said. Nicholson outlined his views on the size of the challenge ahead, saying that on a scale of one to ten, even the best GP practice based commissioners were “only about a three in terms of the quality of their commissioning”.

A report by independent Think Tank, Civitas, claims that evidence suggesting GPs will be more effective than health trusts at commissioning is ‘weak.’ The report says: “There is no evidence to draw on to support GPs across the country taking on commissioning as consortia.”

But Dr Amit Bhargava, from the Clinical Commissioning Federation, said: “Clinicians – who spend 80% of the health resource, who have great influence on flows of patients, have organisation memory and have the intellectual capacity and capability – are in exactly the right place now to deliver the paradigm shift that will improve the well-being of the health service that is so critically needed.”

The NHS Alliance welcomed the proposals, saying it supports a phased approach to clinical commissioning, with a clear and agreed road map. Dr Michael Dixon, Chairman of the NHS Alliance, said: “This is a unique opportunity for frontline GPs and the managers and other clinicians who work with them to make a real difference to the health of their patients, the services they receive and make the best out of limited resources.”

Dr Tim Riley, Chief Executive, NHS Tameside and Glossop, said: “The NHS faces difficult funding decisions but we can, and should, use local clinical know-how to get the best for less. The mechanics of commissioning need to be unleashed from bureaucracy. A remaining challenge will be for the new Regional Divisions of the Independent Commissioning Board to embrace the new agenda and not reinvent themselves as SHAs or ultra large PCTs. The NHS top down approach can then be replaced with GPs leading from the grass roots up.”

 

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David Cameron and Andrew Lansley speak with a group of nurses during a visit to The Royal Marsden Hospital in London, on the same day that the White Paper was launched.