Competition Disputes Resolution Policy

Local Resolution Process for Disputes arising from Complaints or Breaches of the Principles and Rules of Co-Operation and Competition

The NHS is moving to a more open system, characterised by a stronger purchaser/provider split, more plurality of provision, and a greater degree of competition for service provision.

To establish the expectations of both commissioners and providers working within the NHS, the Department of Health has published guidance in the NHS Operating Framework 2011/12 and the ‘Principles and Rules for Co-operation and Competition’.

To uphold the DH Principles and Rules for Cooperation and Competition all SHAs and PCTs have established a local Dispute Resolution Process (DRP). These rules apply to all PCT contracted / funded services.

The first point of contact for complaints should be the local PCT with the aim of local investigation and local resolution.

The NHS North Essex PCT Cluster (the PCT) has established a protocol for initial complaint registration, assignment of responsibility for dealing with complaints, and the formation of a PCT competition panel to resolve disputes, or escalate to the Strategic Health Authority (SHA) where unresolved.

This protocol along with contact details and forms for submitting complaints are found in the documents below:

The NHS North Essex PCT Cluster has published a Competition Disputes Resolution Policy, which concurs with the approach being proposed by NHS East of England.

This section is for complaints relating to breaches of the Principles and Rules of Co-operation and Competition. You should only complain to the PCT relevant to the issue you are raising i.e. in the geography concerned, or where the commissioner is based. If you are complaining about a cross-boundary issue (i.e. involving more than one PCT) you can complain to any relevant PCT, but we reserve the right to nominate the lead PCT for the purpose of resolving the dispute.

The PCT will send a version of your submission to the parties named in your complaint. If your submission contains confidential information, you should indicate this clearly for redaction (editing). The e-mail cdr@northeastessex.nhs.uk is to be used to lodge the complaint and should contain only the detail necessary for an assessment to be made. If further information is required, it will be requested.

We will disclose your business name to the company or individual about whom you are complaining. The PCT recognises that there are some circumstances in which complainants prefer to remain anonymous but that may hinder the effectiveness of the investigation.

If your complaint meets our entry criteria as detailed in our Competition and Disputes Resolution Policy and we decide to review your complaint, we may publish details of the complaint, including your business name, on our website.

In order for the PCT to process your complaint efficiently and effectively please contact the case manager at the e-mail address below detailing the nature of your competition dispute or procurement related enquiry, giving full details of your organisation and a comprehensive explanation of your challenge.

If you require further advice or assistance please contact:
Case Manager at cdr@northeastessex.nhs.uk
Switchboard: 01206 286510
Direct Dial: 01206 286835