Consultants should not generally be prevented from working for other providers of NHS-funded services in their own time, the government has been advised.
The Cooperation and Competition Panel said that restricting consultants from working with other health providers in their non-contracted hours would reduce patient choice, limit innovation and undermine investment.
Submissions to the CCP’s inquiry revealed that many trusts were adopting ‘bully boy’ tactics in an effort to prevent their consultants working for new NHS-funded providers. Thirty eight of the 59 trusts making submissions had placed some form of restriction on consultants’ use of their non-contracted time.
The final report recommends that there are only two limited situations in which patients and taxpayers might benefit overall from a restriction placed on consultants: firstly, to address legitimate patient safety concerns arising from the specific performance of a consultant; and, secondly, to prevent a consultant from holding a strategic management position in more than one organisation providing NHS-funded care, or working on competing bids.
Any other restriction imposed by a hospital on a consultant’s ability to work for other providers is likely to be in breach of the Principles and Rules of Cooperation and Competition.
Andrew Taylor, director of CCP, said: “It is clear from the evidence that preventing consultants from working with a wider range of NHS providers hampers efforts to deliver NHS care in new and improved ways.
“The experience and specialist expertise of NHS consultants must be readily available to NHS patients in a range of settings - in local and community-based services, in treatment centres, in integrated care organisations and so on - not just in one hospital alone. By breaking down these traditional barriers we can expect to see patients and communities benefit from better access to NHS care, the development of new NHS services and competition driving real improvements in quality.”
The CCP’s final report has been submitted to its sponsors, the Department of Health and Monitor, which will consider the recommendations and what action to take.
Stephen Campion, chief executive of HCSA, welcomed the report. He said: “If this report puts an end to the intimidation that has undoubtedly taken place it will serve the NHS and its consultants well. But the key focus of the report is that competition is a major driver in meeting government policy. NHS trusts should be in no doubt that this requires cooperation with consultants and not confrontation. We now expect to see that cooperation, and will certainly intervene where it is lacking.”
Read more about trust intimidation on this issue.
Tags: CCP, Consultant contract, Privatisation
