Court of Appeal grant permission in challenge to NHS ACO contract

The royal courts of justice

The Court of Appeal has granted permission to campaign group 999 Call for the NHS, in its challenge to the proposed payment mechanism in the NHS Accountable Care Organisation contract. Permission was granted on all of the seven grounds argued by the group.

The ACO Contract proposes that healthcare providers are not paid per treatment, but by a ‘Whole Population Annual Payment’, which is a set amount for the provision of named services during a defined period. This, it is argued, unlawfully shifts the risk of there being an underestimate of patient numbers from the commissioner to the provider, and endangers service standards.

Details on the first instance judgment can be found here, and the judgment itself here.

David Lock QC and Leon Glenister represent 999 Call for the NHS, instructed by Rowan Smith and Anna Dews at Leigh Day.

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