Public sector union Unison is preparing to take legal action against the government over the white paper Equity and excellence: liberating the NHS.
The union says that NHS chief executive, Sir David Nicholson, is pressing ahead with plans that have neither Parliamentary approval nor legal backing.
The move centres around the status of the white paper, which recommends abolishing SHAs and PCTs and creating GP consortia which would lead on commissioning.
Unison has accused Nicholson of pre-empting the result of the consultation and subsequent Parliamentary process by writing to SHAs, PCTs and other providers with a series of “actions that we need to start now”.
The largest public sector union says it is unlawful to propose a series of far reaching, top-down changes to the NHS without giving the public, patients and interested parties, including Unison, a proper opportunity to have their say about the proposals.
Unison’s letter to the government warns that at unless the union gets a satisfactory response, urgent Judicial Review proceedings are on the cards.
Karen Jennings, head of health at the union, said: “The Government’s White Paper will change forever the NHS as we know it. These sweeping changes were not part of any party manifesto and it is outrageous that these changes are being brought in without consulting the public, patients, staff and unions.
“The NHS Constitution enshrined in law the right to consultation and yet, in writing to NHS managers, Sir David is working on the premise that the consultation is only about the best way to achieve pre-determined outcomes - this makes it nothing more than a paper exercise and a sham.”
In response, a Department of Health spokesperson said: “The White Paper sets out a stable structure for the long-term future of the NHS. It gives NHS staff and the patients they serve a clear sense of direction and purpose. The Government is engaging fully with the public, healthcare professionals, local authorities and unions on how its proposals will be implemented.
“The government has already launched public consultations, on specific elements of the White Paper, and further documents will be published this year. NHS Chief Executive, David Nicholson has written to encourage the NHS to begin locally led consultations and take first steps on the implementation of the White Paper, without pre-empting the wider consultation. Many reforms are also subject to Parliamentary approval as part of the Health Bill.
“Through the proposed changes, healthcare professionals and patients will have more power to shape, lead and deliver local healthcare services, away from the control of central Government.”
The BMA has adopted a position of ‘critical engagement‘ over the white paper.
Read a blog on the white paper and another.
Tags: Health policy
