Competition dispute resolution process
The information in the document, and the forms at the foot of this page, set out the Competition Dispute Resolution Process of Birmingham East and North PCT (the “PCT”).
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”, the PCT 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. Our role is to ensure that our decisions are fair, transparent and well informed.
Recognising that there may still be times when competition issues cannot be resolved locally, the Government has introduced an independent, non-statutory, advisory body, the National Co-operation and Competition Panel (CCP) tasked with advising Strategic Health Authorities (SHAs), the Department of Health and Monitor (in relation to NHS Foundation Trusts), on issues relating to cooperation and competition in NHS-funded healthcare services. The CCP will only consider issues where action to resolve matters locally has been exhausted. To this end, PCTs and SHAs are required to set up and run 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 will adhere to the core system management principles and the PCT Competition Dispute Resolution Panel (PCT 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 (Appendix 1).
The SHA Competition Dispute Resolution Process will be a process that complainants can pursue if they disagree with the PCT’s 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.
Useful documents
