Monitor investigates first commissioning complaint

5 Jun 13
Monitor is to begin its first investigation into a possible breach of NHS purchasing rules after receiving a complaint from a privately run specialist radiosurgery centre.

By Vivienne Russell | 6 June 2013

Monitor is to begin its first investigation into a possible breach of NHS purchasing rules after receiving a complaint from a privately run specialist radiosurgery centre.

Thornbury Radiosurgery Centre, based in Sheffield, provides Gamma Knife Surgery, which uses beams of radiation to treat tumours and lesions in the brain. It has complained to the regulator about purchasing decisions taken by NHS England and its predecessor body, the North of England Specialised Commissioning Group in Yorkshire and Humber.

Procurement, choice and competition rules were introduced as part of the changes made through the Health and Social Care Act 2012 and came into force on April 1 2013. Monitor polices these rules to ensure they operate fairly and in the interests of patients.

A spokesman for BMI Healthcare, which runs Thornbury as a joint venture with Medical Equipment Services, said he could not comment on detail on the background to the complaint. But he added that the company believed patient care and choice had been ‘compromised’ by commissioning decisions.

Monitor will consider whether commissioning decisions made before April 1this year breach the Principles and Rules for Co-operation and Competition, and whether decisions made after April 1 breach the NHS (Procurement, Patient Choice and Competition) regulations, which replaced them.

Catherine Davies, director of co-operation and competition at Monitor, said: ‘Following a complaint by Thornbury Radiosurgery Centre, we are investigating whether rules have been breached in the procurement of radiosurgery services.

‘The investigation is at an early stage and Monitor has not yet reached a view as to whether there has been any breach of the rules. We are now seeking further information from the organisations involved. If we find that a breach has occurred we will investigate whether patient interests have been negatively affected by these decisions.’

A spokesman for NHS England said: ‘We will be working closely with Monitor to provide them with all the information they need to help with their investigation.’

Monitor expects to be able to publish a progress report on its investigation in August.

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