Posts Tagged ‘Department for Health’

Lansley confirms NHS property company details

Thursday, January 26th, 2012

Last week we commented on proposals for a new national property company (“PropCo”) to be set up to manage the primary care trust (PCT) estate. The Secretary of State for Health has now confirmed the details.

PropCo is to be a government-owned limited company, NHS Property Services Limited. It will be wholly owned by the Department of Health and its role will be to own and manage that part of the PCT estate not required by community care providers. Property that is needed for clinical services, and mainly occupied by providers for that purpose, will be transferred to them. Support for the PCT estate will continue to be provided through existing contractual arrangements in place with service providers that already deliver and maintain NHS properties.

Now that the principle of a single management company for the estate has been established, there is real opportunity for structured management of the entire portfolio and long called for clarity on the future of the estate.

Posted by Stewart Gregory, specialising in: property law, particularly its application within the healthcare sector; advises the commercial and residential sector on site acquisitions and completed development disposals.

Stewart Gregory

Stewart Gregory
0115 976 6299
sgregory@brownejacobson.com

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PropCo” to take over the PCT Estate?

Wednesday, January 18th, 2012

A new national property company “PropCo” could be set up to manage the primary care trust (PCT) estate.

According to media reports the Department of Health is considering plans that the PCT estate will be better managed by a single management organisation, rather than by numerous successors to the individual PCT’s. There are suggestions that the PropCo could be devolved into regional subsidiaries with regional arms, but at this stage nothing is concrete.

Early opinion appears to be mixed. However, key questions remain, such as what effect this will have on the day-to-day management and dealings with individual NHS properties. It could be suggested such an approach may create uniformity in managing the PCT retained estate “across the board”. However, will such centralisation slow down the delivery of patient services and the placing of new providers into those properties?

There will be a need to carefully review these proposals as they emerge, but guidance on future property holding arrangements will be welcome news for PCTs.

Posted by Mick Suggett, who specialises in commercial freehold and leasehold property within the public health and local authority sectors; preparation of reports on title for lenders and public bodies.

Mick Suggett

Mick suggett
0115 908 4885
msuggett@brownejacobson.com

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Clinical commissioning groups: Getting the green light

Friday, August 12th, 2011

The Department of Health has set out key details on the development and authorisation process for clinical commissioning groups (CCGs) in a draft guidance document leaked yesterday.

Developing clinical commissioning groups: towards authorisation sets out 6 key competency domains that CCGs will be required to meet. These include a strong clinical and professional focus, proper constitutional and governance arrangements and evidence of clear and credible plans for carrying out their functions.

It indicates that CCGs will undergo a risk assessment between October – December 2011 and paves the way for CCGs to begin making applications for authorisation to the NHS Commissioning Board from summer 2012.

The draft guidance gives the first clear indication as to the competency boundaries but acknowledges that it is simply the “early thinking on the authorisation process”. Whilst the broad principles have been set the substance of the criteria is yet to be developed and remains subject to further guidance and policy changes as the CCGs progress towards authorisation.

Posted by Emily Birkett, who specialises in advice to NHS bodies ; their local authority partners and related organisations in commercial law, contracting, procurement , competition governance and all aspects of primary care.

Emily Birkett

Emily Birkett
0121 237 3934
ebirkett@brownejacobson.com

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Newly revised health and safety guidance for schools

Tuesday, July 5th, 2011

This week the government issued its new health and safety guidance for schools and having taken the view that 150 pages was simply too much, the new guidance runs to a mere eight.

This is not the first piece of guidance the Department for Education has scaled back – draft guidance on the use of force and searching pupils saw a similar approach.

Rather than support the efforts to reduce red tape, the teaching unions have been critical, referring to the approach as “potentially reckless” and question the need for change.

One key area on which the guidance focuses is school trips. It aims to make educational visits easier to organise and provide teachers with more confidence to do so. The HSE went further, saying that the new guidance “out those who hide behind red tape” when considering educational visits.

It should be noted that there is no change in the law here, the guidance simply seeks to clarify the existing position and promote a sensible balance.

Posted by Dai Durbridge, who specialises safeguarding of children and vulnerable adults in education, social care and health settings; defending claims against education, social care and health providers.

Dai Durbridge

Dai Durbridge
0115 976 6578
ddurbridge@brownejacobson.com

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As the Department of Health announces its new wave of consortia, the GP’s defend their commissioning role

Friday, February 18th, 2011

The DH has introduced a new wave of 89 pathfinders and there are now 140 registered GP Pathfinder Groups in the country; meaning more than 50% of the population are covered by a GP pathfinder organisation.

The pathfinders will initially be responsible for managing local health budgets and purchasing services for patients but will assume the majority of the commissioning role when the PCT’s are abolished in April 2013. There have been questions raised as to whether the GP’s have the desire or, more significantly, the experience to carry out the onerous commissioning role. However, until 2013, the pathfinders will be able to work in collaboration with PCT’s and other NHS colleagues. Therefore, introducing pathfinders now, appears to be a sensible approach because it gives the PCTs and GPs two years to collaborate and for the PCTs to pass on their knowledge and experience, hopefully resulting in a successful uptake of the commissioning role by the GP’s in 2013.

Paul Olliff

Paul Olliff
0115 908 4801
polliff@brownejacobson.com

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