Your challenges
Integration and partnership working on all fronts are seen as the future of public services. The White Paper, Equity and excellence: Liberating the NHS, has set out massive challenges for PCTs requiring them to pass the totality of their commissioning functions to GP Consortia and the NHS Commissioning Board by April 2013. The separation of provider services from PCTs has now been achieved and commissioners are considering and retendering certain services. These challenges, and the effect they will have on any existing partnership arrangements, cannot be underestimated. New GP Consortia should also be looking at how Section 75 partnership arrangements may aid them to form economic and effective commissioning with local authorities.
Achieving your ambitions
The best way to achieve cost effective services and avoid unnecessary duplication in administration and partnership working arrangements continues to be through the use of the Section 75 National Health Service Act 2006 flexibilities. These arrangements clearly document which services are being undertaken by which partner, how funding is dealt with and set out robust governance arrangements.
Any future Section 75 partnership arrangements dealing with both commissioning and provision will need to be looked at carefully to ensure there is the correct separation of services identified in order to avoid unintended breaches of contract. Similarly to achieve your goals and respond to the rapidly changing policy context, flexibility will need to be at the heart of these arrangements.
The strength you need
We have a team of five lawyers (including a partner) who have a wide range of experience in dealing with partnership arrangements and who regularly advise both health bodies and local authorities. We are supported by colleagues who specialise in employment law and who can provide support advising on TUPE and pension issues, if and when they arise. We also advise on and have developed a suite of model documents for the making of grants by PCTs to local authorities and the voluntary sector.
Lawyers you can trust
We have 10 years’ experience advising on partnership arrangements between NHS bodies and local authorities. Chambers says that “The firm … leads on arrangements for partnership working between public sector bodies”.