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ICB defers controversial GP contract decision while seeking legal advice

ICB defers controversial GP contract decision while seeking legal advice

An ICB has decided to defer a controversial decision to re-tender for a GP practice’s AMPS contract, following protests from patients.

Lancashire and South Cumbria ICB was meant to decide this morning on the procurement option for Withnell Health Centre in Chorley following a review, but decided to delay its decision while it is seeking legal advice on the process.

It comes after a survey of 2,500 people, carried out by the ICB, found that 62% thought ‘there was nothing wrong with Withnell Health Centre’.

Patients expressed a preference for keeping their current GP, Dr Ann Robinson, who has been a partner at the practice for 11 years and whose APMS contract runs out in September.

The ICB said that during the meeting ‘a few points’ were raised by committee members that the ICB needs ‘to seek legal clarity on before going forward’.

It needs to follow the new Provider Selection Regime (PSR), a set of rules for procuring health care services in England which came into force on 1 January, and designed to ‘introduce a flexible and proportionate process’ for deciding who should provide health services.

Dr Robinson told Pulse: ‘The PSR legislation was brought in to allow commissioners flexibility and power to put what the patient wants at the top of the decision-making agenda.

‘Thousands of patients have said they want the current management team to stay on at Withnell and not to go to competitive tender again.’

Lancashire and South Cumbria ICB’s chief operating officer Craig Harris said: ‘A decision on the approach to be taken in relation to the procurement option was due to be made today at our primary care commissioning committee meeting, however the committee has agreed to defer a formal decision on the procurement route until further advice is sought.

‘The PSR, which is the national guidance we have to adhere to, was published on 1 January 2024 and we are one of the first ICBs in the country to apply this.

‘During the meeting, a few points were raised by committee members that we need to seek legal clarity on before going forward.

‘We know this isn’t an ideal situation, but we’d like to reassure the local population that we are still on track with the time frames that were originally set.

‘We remain committed to securing the best outcome for Withnell Health Centre and its patients within the legal guidance we are required and permitted to consider.’

Earlier this week Dr Robinson said that the ICB should be able to ‘directly award the contract, “if there is compelling evidence” to do so’, but the ICB told Pulse that this option is only available if ‘the proposed contracting arrangements are not changing considerably the existing contract’.

Last year the ICB awarded the Withnell Health Centre contract to another provider – SSP Health. However it decided to extend Dr Ann Robinson’s APMS contract to September this year, following patient protests, including hundreds of letters.

At the time, Dr Robinson said the public were not properly consulted and hosted multiple protests at the practice demanding a review of the procurement process. The ICB’s review included further patient consultation.