Following an unsuccessful appeal to the chief officer of the Family Health Service Appeal Unit (FHSAU) in respect of a decision relating to the termination of his post, he applied for judicial review contending that certain clauses in the agreement had not been made in accordance with provisions under the National Health Service (Personal Dental Services Agreements) Regulations 2005.
Held: It was not open to the trust to include a provision in the PSA that would allow it to terminate the PSA at any time without cause by written notice. Part 3 para.66 to para.69 of the Regulations clearly provided the circumstances and manner in which a PSA could be terminated. In particular, sch.3 para.66 provided that a PSA had to be terminated in accordance with the Regulations and sch.3 para.67(2) provided that any PSA being terminated was to terminate on the date provided for in the PSA. Accordingly unless an orthodontist breached the PSA or one of the proscribed grounds for termination arose, a primary care trust could not terminate a PSA except on the date that the PSA provided for. Moreover, Art.21(2) of the Order provided a minimum term of five years that offered a measure of protection to individual practitioners and there was no good reason why there should be a need for a provision to terminate without cause provided that an orthodontist gave the services that he had contracted to provide and those services were required. If the level of services required rose or fell it was open to the parties to vary the PSA.