Update on successful resolution of first Christmas 2013 breach case
The legal challenge brought against breach notices issued by NHSE to practices who closed their doors on Christmas Eve or New Year’s Eve in 2013 has ended in a successful conclusion for the first, test case, practice. The practice was one of ten supported by Londonwide after being served with a breach notice in January 2014.
The successful practice has had its breach notice overturned by the Litigation Authority. There are another nine cases to follow unless resolution is reached via other means. Londonwide LMCs has confirmed with NHS England that the remaining breach notices will be lifted providing practices can demonstrate that they had arrangements in place to meet the reasonable needs of patients and the affected practices are being told how to go about this.
Londonwide LMCs, on legal advice from LMC Law, supported practices who were served with breach notices for alleged closures contrary to the regulations and core contracts in 2013 and negotiated payments from the GPDF to cover the cost of the test case.
This demonstrates that practices are, as the regulations clearly state, entitled to put into place measures to "meet the reasonable needs" of patients during this time. As far as determining what measures to deploy, and whether those measures meet the reasonable needs of patients, the choice is down to each individual practice and should be based on careful consideration by both the practice, and by NHS England before the issuing of any breach notice.
Please feel free to discuss and share this information with your local network.
Londonwide LMCs has made representations to NHS England London regarding the holiday period this year and will share NHSE’s advice and our response to it as soon as it becomes available.
In the meantime, NHS England has issued regional teams with a template letter for GP practices regarding Christmas and New Year 2015 and NHS England’s expectations of general practice availability over that period. It is designed to be shared with GP Practices in levels 1 and 2 co-commissioning CCGs only, ie, those providing directly commissioned primary care services (note that the letter is at the bottom of the page when you click on the link).
GPC guidance from previous years should be read in conjunction with the NHS England letter.
GPC advise that the CQC has also issued a mythbuster on opening hours that is worth reading.
Last updated : 11 Nov 2015Premises update January 2019 (23 Jan 2019)
Our main update this month concerns Rent Agreement Letters. The rest of this item re-iterates advice provided in previous premises updates, which remains relevant to practices in NHS Property Services...Final pay control for 1995 pension scheme (23 Jan 2019)
The government introduced an employer's charge for pensionable salaried pay rises which are over the allowable amount, for employees who are members of the 1995 pension scheme. We are aware...Practices instructed to begin ordering licensed flu vaccines for next winter (23 Jan 2019)
In November NHS England, Public Health England and the Department of Health and Social Care wrote to practices instructing them to begin ordering currently licensed flu vaccines. In January NHS...GP Partnership Review recommendations published (23 Jan 2019)
Throughout it’s recommendations the Review’s findings broadly support the investment in workforce and other central planks of NHS England policy. We have summarised the recommendations which fall outside existing policy....Tips of the month January 2019 (22 Jan 2019)
We provide weekly tips based on common queries which come through to us from London GPs and practice teams. These are shared via social media and collated for...Tackling loneliness and social isolation this Christmas (19 Dec 2018)
This time of year can see the problems loneliness and isolation at their worst for many people, the consequences of which are often seen in GP consultations. Zaidee O’Dell, Compassionate Neighbours London...NHS England Practice Manager Development Coaching and Mentoring Support – expression of interest (19 Dec 2018)
NHS England has commissioned ‘Beyond Coaching’ to provide coaching and mentoring support to practice managers who are playing a key role in supporting practices experiencing challenges, assisting change/improvement in general...Londonwide LMCs' December 2018 newsletter (19 Dec 2018)
GP representation required on the Independent Group Advising on the Release of Data (IGARD) (18 Dec 2018)
NHS Digital is recruiting specialist members to join IGARD, an independent group that considers applications for health and care data. IGARD advice ensures compliance with the relevant law and ethical...Ipsos Mori interim report on the independent evaluation of Babylon GP at Hand (18 Dec 2018)
The interim report of Ipsos Mori’s independent evaluation of Babylon GP at Hand mostly covers the methodology and data sources which the evaluation will use. It does not provide any...Guidance
We provide expert guidance for practices in our guidance section, as well as an archive of other materials you may find useful.
GP Support
Contact our GP Support team if you need help or advice.
The team provide professional and pastoral support to GPs and practice teams on a broad range of issues.
follow us on...
