Q:
12.29 Does a CCG have a right to be a party where the FTT is considering health care provision?
Noddy 'no-nonsense' Guide
Authors: David Wolfe QC, Leon Glenister
14 Feb 2022
A: SenseCheck
- 0 Yes
- 1 No
- 0 Other
- 14 Feb 2022
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No
Simple
No. It is not a necessary requirement of fairness to join a CCG as a party where the FTT makes a health care recommendation as part of the ‘national trial’: NHS West Berkshire CCG v FTT [2019] UKUT 44 (AAC) #90-96. The FTT only has power to recommend, and the legal consequences for the CCG are not unduly onerous – it must consider the recommendation and provide written reasons if it decides not to follow it. In this case, the FTT had taken case management steps to appraise itself of the CCG’s position which was sufficient, and the fact it did not have a legal representative was not necessary in the case as the CCG’s legal obligations were not being determined by the FTT. Any dispute between the LA and CCG as to the scope of the CCG’s legal obligations was a matter for another jurisdiction.
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Noddy 'no-nonsense' Guide
Authors: David Wolfe QC, Leon Glenister
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