Council faces legal action over decision to outsource provision to Virgin Care

A parent of children who access the local services has challenged the commissioning process followed by NHS Devon, Plymouth and Torbay primary care trust (PCT) and Devon County Council, which led Virgin Care to be named the preferred bidder.

Proceedings against the council and PCT say the bodies failed to follow policies and procedures required under the public sector equality duty, as outlined in the Equality Act 2010.

Lawyers from Deighton Pierce Glynn representing the claimant will argue Virgin Care has insufficient experience to run the integrated children’s services at a hearing next week.

The services covered by the transfer include child and adolescent mental health services, public health nursing and services for children with disabilities and long-term health conditions.

Rebecca Harriott, director of commissioning development for the cluster of NHS Devon, Plymouth and Torbay, has rejected the claims.

"The decision to work with Virgin follows an exhaustive tendering process that has involved a large number of parents and carers, professionals and young people themselves as well as affected staff,” Harriott said.
 
“Our aim throughout the process has always been to secure the best possible service to meet the needs of children and their families.”

Virgin Care said it was unable to comment on the case while still within a period of due diligence. But it defended the company’s record on providing care services.

“We have a very strong track record of providing NHS care to vulnerable groups including children for many years now, strengthened with extensive expertise through our contract to provide community services in Surrey,” said a spokesman.

Contact a Family, a charity for families with disabled children, said parents had reason to be anxious about changes to their children’s health services.

“Disabled children need integrated and joined-up working by health professionals, and there is a concern that privatisation of some parts of the NHS could lead to a more fragmented service,” said Sheila Davies, parent participation manager for health at Contact a Family.

“It’s important that parents of disabled children are involved in the design, development and monitoring of services, including health services, through parent participation.”

The PCT has confirmed it is progressing with the commissioning process, which would see Virgin Care awarded a three-year contract worth £120m from March 2013.