Fenella Morris QC and Rose Grogan continue their successes on behalf of NHS England in another significant judgment, this time from the Court of Appeal.

NHS England faced a legal challenge to its plans to overhaul how the health service operates.  The campaign group 999 Call for the NHS argued that the new contracts for the first wave of integrated care providers are unlawful under the Health and Social Care Act 2012, and challenged the Whole Population Annual Payment model, submitting that it is not compatible with the statutory scheme.

The Court of Appeal rejected the challenge.  Now NHS England will have the option, if it chooses, to encourage Clinical Commissioning Groups (CCGs) to enter into a new style of contract with a provider to supply health care services in their area in an integrated model of care.  CCGs will also have the option to pay a single payment to the provider for all of the services they are contracted to provide, instead of paying for each episode of health care treatment given to an individual.

See here for the full judgment.