Competition Dispute Resolution
Competition and dispute resloution process
Background
The introduction by the Department of Health (DH) of the promotion of choice and competition in the consultation paper The future regulation in health and social care made the Primary Care Trust (PCT) as commissioners responsible for ensuring that different types of provider are not treated unfairly, either when they are invited to bid for procurements or through choice arrangements. Principles and Rules for Cooperation and Competition were published by the Department of Health in 2007 which set out the expectations for Primary Care Trusts and Strategic Health Authorities for the introduction of competition and choice for patients and the management of this within the healthcare market.
Principles and Rules for Cooperation and Competition
The role of the Strategic Health Authority (SHA) is to ensure that the PCTs decisions are fair, transparent and well informed and the PCT board must have appropriate governance arrangements that avoid potential or perceived conflicts of interest arising from the PCT responsibility for NHS Trusts or PCT provision and commissioning functions.
Recognising that there may still be times when competition issues cannot be resolved locally, the Government is introducing an expert national co-operation and competition panel to provide independent advice to the Secretary of State and Monitor. The national co-operation and competition panel will consider issues only when action to resolve matters locally has been exhausted. To this end the PCTs required to set up and run a Competition Dispute Resolution Process and Competition Dispute Resolution Panel to manage disputes at a local level before they are referred to the national co-operation and competition panel.
Competition Dispute Resolution Process
The Berkshire East PCT Competition Dispute Resolution Process will adhere to the core system management principles and the panel will hear complaints and disputes which, are thought by the complainant to contravene any of the 10 principles and rules of cooperation and competition.
The Competition Dispute Resolution Process described within the document accessed by the link below adheres to the Department of Health guidance for entry into the Competition Dispute Resolution Process and the timescales that the PCT should deliver to ensure national consistency.
PCT Competition Dispute Resolution Process
The Competition Dispute Resolution Process also describes the course of action that the Complainant could take if they are in disagreement with the PCT Competition Dispute Resolution Process findings.
Objectives of the PCT Competition Dispute Resolution Process
- To resolve competition disputes transparently, fairly and consistently
- To provide confidence to parties that the process is fair and transparent, enhancing willingness to participate in the market
- To mitigate risks and protect the reputation of the NHS
- To be compliant with acceptance criteria of the national cooperation and competition panel
- To prevent where possible legal challenge / external referral processes
Registering
If having read the guidance contained on this page you feel that you have a dispute relating to competition and application of the rules and principles by the PCT then please click the link below to take you to our form for registering your complaint. The information contained in the following link provides guidance on the registering of your complaint.
Click here for access to the Competition Dispute Form
