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Who Pays?

‘Who Pays?’ is a dispute resolution service designed to assist public bodies in resolving disputes about which public body should meet the cost of providing health, social care and education services to a patient or service user.

Public bodies delivering health, social care and education services have duties to fund services for individuals for who they have statutory responsibilities but can act unlawfully if they fund services for individuals where they have no vires to do so.

Identifying “Who Pays” for expensive health social care and education services for an individual can lead to protracted, legally complex and expensive disputes between public bodies. At present, there can often by no authoritative, neutral process to adjudicate in such disputes. Such disputes can be deeply destructive of vitally important working relationships between CCGs and between CCGs and local authorities.

This service offers a fast, cost effective and legally authoritative means of resolving disagreements between public bodies about which public body should fund services for a specific patient or service user.

The benefits of this service for public bodies and those providing legal advice to public bodies include:

  • A fixed cost process
  • Resolution of the “Who Pays” or “Who pays for what” questions within an agreed timescale
  • Provides a clear reasoned answer to the dispute
  • Avoids costly litigation
  • Gives an opportunity for all sides to learn lessons and improve processes
  • Improves working relationships between public bodies.
  • Minimises the impact of disagreements on the patients, service users and their families

The dispute resolution service can lead to fast and authoritative answers to dispute between:

  • Responsible commissioner disputes between CCGs
  • Disputes between CCGs and NHS England
  • Disputes between CCGs and local authorities

To schedule a phone call to discuss a referral, please email Richard Bolton, rbolton@landmarkchambers.co.uk.

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