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In the Matter of Dr AU v Primary Care Trust.
PMS Contract Termination and Proportionality.
The NHSLA held that termination of Dr U’s contract by the PCT was disproportionate, and therefore unlawful. Our Solicitor Advocate successfully argued that the termination of Dr. U’s contract was not consistent with either the terms of the Contract or the Regulation. Quality Outcome Framework (QOF) measurements were outside of the terms of the contract as they are voluntary.
The PCT had no genuine concern about patients’ safety since it allowed the contract to continue for more than 6months from the first concern raised. It should have used its emergency powers to terminate the contract if it seriously had concerns about patients’ safety.
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