The legal case against NHS Gloucestershire’s plans to transfer primary health services to a community interest company has been settled out of court, with the NHS promising to look again at the options.
Protests against the move were launched by 76-year-old Stroud resident Michael Lloyd last year and supported by local action groups including Stroud Against the Cuts. In January it was announced that the dispute would escalate to a legal hearing.
Solicitors for Lloyd contended that NHS Gloucestershire had acted unlawfully by not allowing proper consideration of other options – including those that would keep local health services in the NHS – since no competitive tendering process took place.
Rosa Curling of solicitors Leigh Day & Co. said: “NHS Gloucestershire had a number of options open to it, some of which would allow the community services in the area to remain provided by a NHS body. They failed to properly consider these options and their subsequent decision to award the contract to the social enterprise company is therefore unlawful.”
After the campaigners scored a win in Wednesday’s permissive hearing, the case was due to proceed to full judicial review yesterday in the High Court in London. But before this could begin, the NHS backed down and said it would reconsider the decision to outsource.
If the contract – thought to be worth around £100m a year for three years – had been awarded to Gloucestershire Care Services, it would have created the UK’s largest community interest company.
Members of Stroud Against the Cuts reacted positively to the result. James Beecher, chairman, said: "We are delighted that options for community health services in Gloucestershire to remain within the NHS are now back on the table.”
Caroline Molloy, a member of the group, added: "It will continue to be crucial for people to make their views known, and we will be organising a public meeting as soon as possible. We continue to collect signatures on our online petition. We would like to thank everyone who has supported us.”
