#Justice4NHS - Stage 5 - Court of Appeal
#Justice4NHS - Stage 5 - Court of Appeal
Latest: May 5, 2019
We're not giving up!
We are very sorry to bring sad news that permission has been refused to take the fight to the Supreme Court, so our #Justice4NHS legal challenge has come to the end of the road. We and our legal team…
Read moreAbout the case
This autumn, 999 Call for the NHS will be in the Court of Appeal for a 2 day hearing of our appeal against NHS England’s Accountable Care Organisation contract.
The Court of Appeal has granted us permission on ALL seven grounds we applied for, to appeal the High Court ruling that dismissed our Judicial Review claim.
The Court of Appeal has also granted us capped costs because the NHS is important to the public; and the complexity of the legislation means our case is worthy of consideration at a higher level than the High Court.
We now need to raise £18K. This will be used to meet the capped costs limit that we would have to pay NHS England if we were to lose the appeal.
A vital matter of public interest
Our Judicial Review, held at the High Court in Leeds on 24th April, challenged the lawfulness of a way of paying for NHS services that NHS England has introduced in its new Accountable Care Organisation contract for 2017/18 - 2018/19.
Called a “Whole Population Annual Payment”, this is basically a fixed annual sum paid to an accountable care provider (which NHS England has now renamed an “integrated care provider”). It is intended to cover a population area, regardless of the number or complexity of NHS services provided. The provider would be paid at the start of the year, before it has carried out any treatments. It would impose obvious financial pressures and risks on the provider of NHS treatments.
We think this cost-cutting payment mechanism would undermine the NHS as a high quality service that provides the full range of appropriate treatments to everyone, on the basis of clinical need.
If introduced into the English NHS, it would restrict access to NHS treatments, accelerate the creation of a two tier health system where people with money pay to go private while the rest make do with a limited NHS, and increase privatisation.
The Court of Appeal has expedited our appeal because NHS quangos are already spending considerable sums of public money on the assumption that the Accountable Care Organisation Contract is lawful.
NHS England is already in the middle of a public consultation on the Accountable Care Organisation Contract (which they’ve renamed the Integrated Care Provider contract) - despite the fact that it may not be lawful.
Two main legal issues at the heart of our Appeal
First is whether NHS contracts can lawfully be awarded on the basis of price competition between rival bidders. This would be the effect of the Whole Population Annual Payment, since it would pay for NHS services without “visible prices fixed in advance for each individual treatment episode”. The Judicial Review ruling said this was lawful.
However, we think that it would allow providers bidding for an Accountable Care Organisation contract to try and undercut each other on price - creating a race to the bottom, in terms of the quality and accessibility of NHS treatments.
The second legal issue arises from our Judicial Review argument, that because Parliament clearly intended that the Health and Social Care Act 2012 would not lead to price competition between providers bidding for NHS contracts, the Accountable Care Organisation contract would be unlawful if it had this effect. Which we think it would.
In dismissing our Judicial Review, the judge ruled that this “is a political objection and not a matter for the court.
We could not disagree more.
While we are no fans of the 2012 Health and Social Care Act - which increased private companies’ access to NHS contracts, fragmented the NHS and removed the Secretary of State’s duty to provide a universal, comprehensive health service in England - we think it is vital for the future of the NHS that decisions about the future of the NHS are made lawfully.
Otherwise, what is the point of Parliament, if government quangos can ignore the laws it makes?
Who we are
We’re ordinary people determined to protect the NHS as a high quality comprehensive public service, free at the point of use for all who need it.
In 2014, with great support from the public and media, 999 Call for the NHS marched 300 miles from Jarrow to London to save the NHS. Over 20,000 people gathered in Trafalgar Square to support this urgent call.
We’ve carried on campaigning ever since. For the last two years, we’ve been marching to the law courts.
Please join us on this final leg.
How you can help
We need to raise £18,000 to cover the costs of our #Justice4NHS Appeal.
Over 1400 people have helped get us this far, by crowdfunding the costs of our Judicial Review & Application for Permission to Appeal.
We hope you will help us continue with the fight for our NHS.
Please:
- give what you can, every penny helps
- share this page with friends, family and social media networks
- consider working this legal challenge into your campaign group’s actions, if you’re part of one
This is a vital matter of public interest. The more we stand together, the better our chance of protecting our NHS.
Thank you
Jenny, Jo and Steve
All all the 999 Call for the NHS Team
Please NOTE: Our initial target of £12k is to cover the capped court costs - when that is reached we are guaranteed that money. Then we move to the "stretch" £18k target which will cover legal and campaign expenses. Pledges during the stretch target period will be charged within 24-48 hours.
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I'll share on Facebook999 Call for the NHS
May 5, 2019
We're not giving up!
We are very sorry to bring sad news that permission has been refused to take the fight to the Supreme Court, so our #Justice4NHS legal challenge has come to the end of the road. We and our legal team are disappointed and dismayed to have been let down by the legal process.
Thank you so much for all your support with our legal challenge, allowing us to throw a big spanner into the works of the government’s plans to dismantle the NHS and turn it into 44 local health services, based on the USA’s medicare/medicaid system that only provides a limited range of healthcare services to those who are too poor or ill to get private health insurance.
Although we’ve lost this legal case, our Judicial Review and Appeal helped to hold up the creation of Accountable Care Organisations/Integrated Care Providers for over a year. It also drew public and politicans’ attention to the stealth cuts and sell offs of NHS public assets through Sustainability and Transformation Plans and Integrated Care Systems and helped to mobilise growing opposition to them.
So we think the battle was definitely worth doing.
Still, we are VERY surprised and disappointed that the Supreme Court has denied #Justice4NHS, by refusing permission for the final stage of our legal challenge to NHS England's cost-cutting Integrated Care Provider contract (formerly known as the Accountable Care Organisation Contract. Their ruling seems utterly illogical.
Click the link and we think you'll agree. http://bit.ly/JusticeDENIED
We intend to keep asking "Where is the Justice for the NHS?"
We are now MORE DETERMINED THAN EVER to step up the fight for #NHS4All.
We are massively grateful to the thousands of people who've supported this legal challenge - and to our legal team at Leigh Day and Landmark Chambers for their generous and highly skilled work.
Thank you from all the team at 999 Call for the NHS
999 Call for the NHS
Feb. 25, 2019
NHS PRAYERS
We are waiting to hear about permission to appeal at the Supreme Court challenging the lawfulness of the Integrated Care Provider contract that NHS England is now steaming ahead with - planning to introduce it from April 1st.
NHS England Board assumes our application will fail. Paper 9 for their meeting on 31.1.2019 says “...the Supreme Court is unlikely to grant permission to appeal...”
Despite the fact that we are still challenging the lawfulness of it, NHS England, in their NHS Long Term Plan, announced that it will make the Integrated Care Provider contract available for use in 2019.
Making regulatory changes that bypass MPs' scrutiny and debate
On February 13th the Department of Health QUIETLY "laid down" Statutory Instrument 2019 No. 248 - Amendments Relating to the Provision of Integrated Care Regulations 2019.
Statutory Instrument 2019 No. 248 makes major changes to way in which GPs work, in order to make it possible for Integrated Care Providers (formerly called Accountable Care Organisations) to run a whole range of hospital, primary care and community health services for a given area and its population.
The Statutory Instrument would enable new Integrated Care Providers to directly employ GPs to deliver a model of primary, mental health and community health care that would radically change patients’ (and GPs’) experience of the NHS.
Recent reports by the National Audit Office and the Nuffield Trust say there is no evidence that this new model would meet the intended aims of reducing costs and improving quality of patient care. And the Chair of the BMA has told GP members they 'should not feel pressured into entering an Integrated Care Provider contract as to do so could leave their patients worse off.'
We must take this seriously. We feel strongly that these major changes should not slide through Parliament in secondary legislation without any oversight by MPs.
Statutory instruments were first designed to allow ministers, through small committees, to make minor amendments to existing laws. But this recent Statutory Instrument is NOT a minor issue and should not be hidden away where the vast majority of MPs won't even know the change has been made.
Luckily...
there is a way of stopping this statutory instrument, by something called a Prayer Motion - a special type of Early Day Motion.
Jeremy Corbyn and 23 other MPs have called for a Prayer Motion and now we need as many as possible to support in order to get SI 2019 No.248 it annulled.
Please ask your MP to support this National Health Service Early Day Motion #2103.
This is an URGENT call. Time is short. The deadline for the Prayer Motion is 24 March. The Statutory Instrument is due to take effect on 1 April.
Please visit our webpage to find out more. MP PRAYER MOTION
On the page you can download an MP Letter Template to personalise and send to your MP.
Prayer motions have worked in the past. The last was in 2000. If it was successful then it can be successful now.
We will keep you posted about news from the courts.
Thanks so much for your continued support for #Justice4NHS.
Jenny, Jo and Steve
And all the 999 Call for the NHS Team
999 Call for the NHS
Jan. 30, 2019
Where is the Justice4NHS?
We are stepping up our #Justice4NHS campaign.
We're marching to the Supreme Court.
This was the scene outside the Royal Courts of Justice in London, November 2018. We were joined by campaigners from across London and the South East, and we thought the Court of Appeal would hear all sides of the case and carefully examine the arguments in order to reach a properly informed and unbiased judgement.
But sadly that does not appear to have happened. The legal team don't think the Court of Appeal has properly got to grips with the issues we have raised about the new payment arrangements within the Integrated Care Provider contract formerly known as the Accountable Care Organisation contract.
We agree. The rulings from the High Court in Leeds and the Court of Appeal have not addressed nor answered our essential complaints. From their judgement it is clear that the Court of Appeal Judges were incredibly selective about which bits of our legal team's argument they chose to to pay attention to including evidence from parliamentary records.
As far as we can see this makes a mockery of the whole point of going to court.
NHS England claimed the ICP Contract enabled innovation and integration implying that the new contract would create efficiencies - cuts - without restricting or denying patients’ access to treatments.
But sadly campaign groups around the country are witnessing the tragic events that these "efficiencies" are producing.
Thanks to your support we are determined and we are not going away.
We have now asked the Supreme Court for expedite our Permission to Appeal (PTA). Speed is essential because considerable amounts of public money are already being spent on the assumption the Accountable Care Organisation contract is lawful.
We want to thank everyone for their support and solidarity over the last two years and for funding this legal process. Thanks to their generosity we have enough funds to cover this seeking permission stage and we do not need to launch another crowdfund at this time.
However we are asking campaign groups to support us by taking action and writing to their local media - a Press Release is available to download HERE - and telling their readers/listeners why their local NHS situation is part of this vital public interest case.
We are all looking for #Justice4NHS.
We will notify you of news as soon as we hear it.
Thank you for standing with us.
Jenny, Joanne & Steve
And all the 999 Call for the NHS Team
999 Call for the NHS
Dec. 16, 2018
Gathering strength for the New Year
Sadly the Court of Appeal made a ruling against our case. We don't think the Court of Appeal has properly got to grips with the issues we have raised about the new payment arrangements within the contract. This is not just our opinion, it is also the informed opinion of our legal team.
So we are now asking the Supreme Court for permission to appeal.
We will shortly begin another #Justice4NHS CrowdJustice Stage 6 to raise funds to cover the costs of preparing papers, legal arguments and court fees - just to apply for permission!
Thousands of supporters and followers have helped us through the 2-year legal battle and we hope you will lend your support again in 2019.
We should all feel proud that the 999 Call for the NHS #Justice4NHS legal challenge has been a grassroots crowdfunded case from the very beginning and as campaigners we have made and are still making an impact in defending the NHS.
We are not going away.
As we said at our rally outside the courts, win or lose our work will continue and in the New Year our campaign messages must be even louder and clearer about what we are all seeing happening to our NHS.
If you would like to take a more active part in the campaign you could register as a #NHS4ALL Ambassador (CLICK LINK). We will keep you up to date with events and offer you the opportunity to help with campaign support in your local area.
Thanks everyone.
Jo, Jenny & Steve
And all the 999 Call for the NHS Team
999 Call for the NHS
Nov. 22, 2018
ENDINGS AND BEGINNINGS
Thanks to all the wonderful campaigners who came to the courts on Tuesday morning to support the case. At the 8.30am Rally, members of the public stopped to listen and together we made a real impact outside the courts. It's a shame that no mainstream press came to witness.
We were all surprised by the judges' announcement, at 4.40pm, that they would be reserving judgement and would deliver a decision at a later date. This meant that we would not get our expected second day in court.
We've been gathering our thoughts over the last two days. It is impossible to read what this outcome means - if anything.
We were really pleased with our barrister's strong presentation. Our's was a clear concise case based solely on technical & legal terms and explanations of the roles of NHS England and Monitor and the National Tariff rules. Plus our grounds for appealing were presented in a way that many campaigners observing told us were understandable and compelling.
The judges took a short break at 3.20pm then requested the NHS ENGLAND defence present their reply within an hour time limit. In response the defence relied on the message that the National Tariff was not a set of rigid rules to be adhered to but a flexible "moveable feast" ... incredibly flexible it seems.
Our barrister finished up with more excellent rebuttal points refuting the NHS England defence (which also relied on Innovation & Improvement) then at 4.40pm the judges announced they were reserving judgement. They thanked our barrister for a very clear and well presented case and also thanked the campaigners in the courtroom for their attendance and recognised the public interest in this case.
Initial surprise at the prospect of no 2nd morning of questions and investigation led to genuine puzzlement but a sense of optimism - we don't know what the judges are thinking, so we should not try to 2nd guess.
Although not the ending we anticipated, we just have to wait for their judgement which may not be until after Christmas.
We should all take heart in the fact that this has been a grassroots crowdfunded case and as campaigners we have made an impact in defending the NHS. We have always known that win or lose this case our campaign work will continue and that our campaign messages about what we see happening is made even louder and clearer in the months to come.
We see this as not an ending but a continuation and yet another new beginning of our campaign as we develop our skills to combat the damage being done to our NHS.
Thanks once again to the 2000 backers who have made donations over the last two years (5 stages) and those who battled the rain and cold to join us outside the courts on Tuesday 20th November.
Thanks to Rowan Smith & Anna Dews - our legal team at Leigh Day - for all their continued hard work and support. And to our barristers David Lock & Leon Glenister who represented us well in the Court of Appeal.
If you would like to take a more active part in the campaign you could register as a #NHS4ALL Ambassador (CLICK LINK). We will keep you up to date with events and offer you the opportunity to help with campaign support in your local area.
Thanks everyone.
Jenny, Jo & Steve
And all the 999 Call for the NHS Team
999 Call for the NHS
Nov. 17, 2018
Tuesday 20th November 8.30am RALLY
On the morning of our first day in court we would love to have as many people as possible take part in a rally outside the Royal Courts of Justice before the Appeal hearing starts, and then come into court with us to show solidarity with our Appeal for #Justice4NHS."
Tues 20th November, 8.30 could you spare an hour to be with us?
On your way to work perhaps? Please join us at the Royal Courts of Justice on The Strand, London, WC2A 2LL
This is a positive opportunity to let the public know what his going on and why stopping the Integrated Care Provider contract is vital. If you would like to connect with others there is a FACEBOOK EVENT LINK
Bring your voices, banners and please wear something with our #Justice4NHS colours - pink &/or yellow
The schedule for the rally:
- 8.30am Campaigners gathering
- 8.45am #Justice4NHS welcome speeches
- 9.00am Press Photo Opportunity with all campaigners
- 9.10am NHS Campaign Representatives support speeches
- 9.25am Final #Justice4NHS statement
(incl. 1mins silence to remember those who have suffered at the hands of cruel unnecessary cuts to NHS Services) - 9.30. Rally ends
More details from our website: http://bit.ly/999March2Court
999 Call for the NHS
Nov. 11, 2018
Date of Court Case CONFIRMED
Our dates at the Court of Appeal have been confirmed.
Tuesday 20th & Wednesday 21st November
This late notice is due to the the case being fast-tracked which has meant the courts finding space and us not having to wait for normal scheduling which might have taken months.
Tues 20th November, 8.00 - 9.30am - Campaign rally
We would love to have as many people as possible join us before the hearing to stand with us in solidarity to show that we are not going to stand by silently and watch our NHS being restructured to resemble a poor imitation of the USA system.
Please join us at the Royal Courts of Justice on The Strand, London, WC2A 2LL
This is a positive opportunity to let the public know what his going on and why stopping the Integrated Care Provider contract is vital. If you would like to connect with others there is a FACEBOOK EVENT LINK
NOTE: We are also planning a second event on Weds 21st approx. 4.30-6pm to mark the closing of the court proceedings. Full details of the second event will follow shortly so please make a note in your diaries.
Thank you so much for getting us to this stage. Now let's make sure people understand why it's worth it.
Jo, Jenny & Steve
And all the 999 Call for the NHS Team
999 Call for the NHS
Nov. 6, 2018
Preparing for the days at the Court of Appeal
Jo and Jenny were part of the Scrap the ICP Rally outside Parliament on the 26th October. Jo explained why our case is vital for the public to understand.
It's looking likely that the case will begin on Tuesday 20th November - we are still awaiting definite confirmation from the Court Clerks. This is because our case has been expidited due to public concern and they are "squeezing" us in - rather than the usual scheduling process which could take months.
We will know for definite by the end of this week.
Please keep a note in your diaries as we would like as many people as possible to join us outside the courts for press photos and a rally - like we did in Leeds which was very successful.
Full details coming soon or you can email us [email protected]
999 Call for the NHS
Oct. 21, 2018
Rally Round... scrap the contract
On Friday 26th October we will be speaking at the Scrap the Integrated Care Provider contract/Support the NHS Reinstatement Bill rally outside Parliament. It would be great to see any of you in the London area who can come along. It will be an opportunity for campaigners from different groups to join together to show NHS England exactly what we think of their ICP contract.
Please do say hello if you attend.
The link for more details is here. https://www.facebook.com/events/2145381719114927/
Please keep sharing this CrowdJustice page with friends and explain to them why it is so vital the public understand why this case is so important.
Thanks so much for sticking with us.
Onwards to the courts!
999 Call for the NHS
Oct. 16, 2018
Extending our target
Many thanks again to all the people who have pledged. Our £18K stretch target has now been passed.
We are so grateful that you have joined our March to the Court of Appeal to challenge the damaging new Integrated Care Provider contract that NHS England wants to introduce from next April.
Donations are still coming in and we have extended our final 'stretch target' to £22,000. This is because we know from the experience of our Judicial Review that some unexpected costs can arise. We are therefore very grateful for the leeway that extra donations beyond the initial £18K are providing.
If there is any unspent money at the end of our Court of Appeal process, this will go via CrowdJustice to a similar legal challenge to protect the NHS, and help them take their case to court.
Thanks so much.
Jo, Jenny & Steve
999 Call for the NHS
Oct. 14, 2018
Surprise, relief and gratitude
Phew! We are SO GRATEFUL to the 720+ people, NHS campaign groups and trade union branches who have given generously, to make it possible to challenge the potentially NHS-wrecking Integrated Care Provider contract in the Court of Appeal. We're on our way...
We know some pledges are still coming in and we are leaving this page open, so anyone who still would like to donate, can do so.
Any extra dosh will help with some unexpected new legal costs we had not factored into the target when we launched last month.
THANK YOU ONE AND ALL. THE FIGHT GOES ON!!!
Jo, Jenny & Steve
and the 999 Call for the NHS Team
999 Call for the NHS
Oct. 8, 2018
Scrap ICP - We Say it loud and clear
Jo and Jenny attended the SCRAP THE ICP Contract Rally outside the Houses of Parliament last Friday (26th Oct.) Our Jo makes it clear why we are marching back to the Court of Appeal.
Thanks to all the campaigners who came to support and for their kind comments and genuine questions about the case. We hope more will join us at the courts at the end of November. We will be issuing news about the dates as soon as we hear.
Many thanks.
Jo, Jenny & Steve
And all the 999 Call for NHS team
999 Call for the NHS
Oct. 8, 2018
Onwards and Upwards
We want to say a MASSIVE thanks to hundreds of generous people, NHS campaign groups and Trade Union branches who together have already given over £14,000 - passing the first target of £12,000.
Reaching this target is a huge relief because it guarantees we can access the money people have pledged.
THANK YOU! THANK YOU!!
This means we are now definitely heading to the Court of Appeal.
The first target was set to cover the capped costs that we would have to pay if we were to lose this case.
We now move onto our "stretch target" of £18,000 which will cover the legal team’s costs and campaign costs such as information leaflets and travel expenses to legal meetings.
If you've already donated we would love it if this weekend you would help us by sharing this page with friends.
If you've just discovered our case please consider pledging and joining the march to the Court of Appeal, in search of #Justice4NHS.
Thanks once again
Jo, Jenny & Steve
And the 999 Call for the NHS Team
999 Call for the NHS
Oct. 6, 2018
Towards our common goal
Thanks to all the 359 backers who have pledged almost £10,000 in just two weeks.
And special thanks to fellow campaign groups who have donated and sent rallying messages of support. It means a great deal to know others are fighting with us.
In Huddersfield this weekend, thanks to campaigners from across West Yorkshire, local people were left with no doubt that #Justice4NHS was a vital public interest case.
What's more vital than saving the NHS from yet more cruel cuts to hospitals and services?
All the local cuts, mergers and sell-offs that you are witnessing in your local area are part of Sustainability and Transformation Partnership schemes that are turning our NHS into a version of the USA's Medicare/Medicaid system.
And the end game is the introduction of Accountable Care Organisations ( now rebranded Integrated Care Providers) through the new NHS England contract that we are challenging.
If we don’t stop the contract in the Court of Appeal, newly appointed "Lead Providers" will hold massive, complex 10 year contracts designed to cut costs and "manage demand" for NHS care.
Let's be clear. "Manage demand" translates as -restrictions to and denial of care in order to meet financial targets.
This #Justice4NHS appeal is not our case alone. It involves all local areas up and down the country and affects everyone.
You can help by sharing this page with friends. We need #Justice4NHS to be in the public eye.
We have just under two weeks to reach our first target of £12,000. Could you help us get there?
If you haven't already please read our case details below and consider pledging your support. Every donation is greatly appreciated.
Thank you so much for all your support!
999 Call for the NHS
Oct. 3, 2018
We're over halfway to our first target, thanks to our amazing donors!
Thanks to our amazing donors, who’ve already pledged a very encouraging £7,445, we’re over 60% of the way to our first target of £12,000!
By donating, over 270 people, NHS campaign groups and trade unions have joined forces to support our Court of Appeal hearing.
Together, we’re all fighting to keep the NHS as a high-quality service that provides the full range of appropriate treatments to everyone, on the basis of clinical need.
We are so glad of your support. Your comments as well as your donations are hugely encouraging.
This is the last chance to stop Accountable Care contracts. We cannot let this chance slip away.
We need to reach our initial target of £12,000 by the 21st of October. So we appreciate all your help.
Our Court of Appeal hearing is the only way of stopping this cost-cutting contract from being used from April 2019 - with dire effects on our NHS. We have to seize this opportunity.
Otherwise, from that date Clinical Commissioning Groups around the country will be using the contract to procure a whole range of NHS services.
This week the Health Service Journal reported that 1/3 of MPs say they don’t understand the new NHS “care models” that this contract is designed to procure, deliver and set in stone for 10 years.
It’s time they all got their heads round these issues. Because if this 10-year contract were to go ahead, a new government would be powerless to stop and reverse its measures.
It is VITAL that together we stop this contract. The NHS is facing an onslaught of cuts. More and more people are unable to get the healthcare we are entitled to – and this contract would limit access to NHS care even further.
Thanks again for your support. Please will you share this information with friends, family, colleagues and neighbours and encourage them to join you in supporting this vital legal challenge?
And if you’ve not already donated to this stage 5 of our CrowdJustice crowdfunder, please will you?
Don't forget when you pledge you can tick the box that will keep you informed of how this CrowdJustice Stage 5 fundraiser is progressing.
Thank you so much for all your support!
Jo, Jenny & Steve
And the 999 Call for the NHS Team
999 Call for the NHS
Sept. 24, 2018
Our First Weekend! Thank you
We want to say a huge thank you to the first 95 backers of our Court of Appeal case. We really can't do this alone and it means so much to have your support.
It's been wonderful to receive so many emails and messages and we are proud to have the support of the NHS Campaign community and members of the public.
Don't forget when you pledge you can tick the box that will keep you informed of how this CrowdJustice Stage 5 fundraiser is progressing.
Thanks so much!
Jo, Jenny & Steve
And the 999 Call for the NHS Team
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