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 KC, Leon Glenister
14 Feb 2022
A: SenseCheck
- 0 Yes
- 1 No
- 0 Other
- 03 Mar 2025
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No
Complex
No. It is not a necessary requirement of fairness to join an ICB 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 (which concerned a CCG, the predecessor to an ICB). The FTT only has power to recommend, and the legal consequences for the ICB 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 ICB’s position which was sufficient, and the fact it did not have a legal representative was not necessary in the case as the ICB’s legal obligations were not being determined by the FTT. Any dispute between the LA and ICB as to the scope of the ICB’s legal obligations was a matter for another jurisdiction.
Noddy No-nonsense Guide
Authors: David Wolfe KC, Leon Glenister
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