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NHS Performance Regulations 2013


Dr NR v NHS Commissioning Board (Midland and East)


Background


Dr. NR is a general medical practitioner and a provider and performer of medical services pursuant to a PMS Agreement with NHSE. Dr NR practised in partnership with another Dr.X.

Unbeknown to Dr NR and his partner, the practice registration with the CQC was cancelled by the outgoing partner whilst removing his name as the Registered Manager of the practice.

In April 2014, the CQC became aware that regulated activities were being carried at the Practice without registration, and in breach of section 10 of the Health and Social Care Act 2008.

Thereafter, the two doctors tried unsuccessfully to get the practice registered but were unsuccessful for various reasons part of which was due to a visit carried out by CQC as part of the application process. That visit highlighted various concerns including the Safeguarding policy in the practice.


The doctors agreed to mutually terminate the PMS Contract with NHS Commissioning Board.


On 29th March 2016, the PLDP of NHSE met and imposed conditions on NR’s inclusion in the Performers’ list pursuant to Regulation 10 of the NHS (Performers Lists) Regulation 2013.


That decision was appealed to the First Tier Tribunal ( Primary Health Lists)


Held:


Appeal Allowed.  The imposition of conditions was not proportionate and necessary, and therefore unlawful.


Dr. Ogunsanya

taylor-wood-case-4.pdf