Competition Disputes Resolution Process

As a result of 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”, NHS Walsall as a commissioner is 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. The PCT's role is to ensure that its decisions are fair, transparent and well informed.

Recognising that there may still be times when competition issues cannot be resolved locally, the Government has 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 (CCP) will only consider issues where action to resolve matters locally has been exhausted. To this end, NHS Walsall and the West Midlands Strategic Health Authority (SHA) has established a local Competition Dispute Resolution Processes and an SHA Competition Dispute Resolution Panel (SHA Panel) to manage disputes at a local level before they are referred to the CCP.

The PCT Competition Dispute Resolution Process adheres to the core system management principles and the PCT Competition Dispute Resolution Panel. NHS Walsall’s 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 SHA Competition Dispute Resolution Process provides a model for PCTs and will be a process that complainants can pursue if they disagree with the PCT decision following the PCT Competition Dispute Resolution Process.  The SHA will only consider complaints that have been through the PCT Competition Dispute Resolution Process, or those that have been escalated to the SHA by the PCT itself.

The PCT Competition Dispute Resolution Process adheres to the DH guidance for entry into the Competition Dispute Resolution Process and the timescales that the PCT should deliver to ensure national consistency. It may be updated as required to ensure consistency.

The PCT 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.

To make a complaint to the NHS Walsall Competition Dispute Resolution Panel, please click here

Useful links:

NHS Walsall Competition Dispute Resolution Process

West Midlands SHA Competition Dispute Resolution Process

The Cooperation and Competition Panel - Website

Principles and Rules for Cooperation and Competition