Medical

NHS reforms will lead to more litigation, warns expert

A partner in a leading firm specialising in health and education issues has warned local authority legal departments they face a “wave of legal difficulties” following the Government’s NHS reforms.

Ben Troke, a partner at Browne Jacobson, was addressing the annual weekend school of Solicitors in Local Government annual weekend school. He said that the Health and Social Care Act “…will mean more tension; more litigation; more ­disputes.

“In six to 12 months you’ll be stopped in shopping centres by eager young people with clipboards asking if you’ve been disappointed by a decision on care funding,” he said.

He also predicted conflicts between local authorities and the newly-formed clinical commissioning groups (CCGs) of GPs. The Government has told local authorities they are responsible for overseeing all aspects of NHS and public health services.

Said Troke: “The expectation is that local authorities will keep an eye on clinical commissioning groups, but that is not how it was sold to the CCGs. GPs are still being told they’re in charge. I think there’ll be some tension there.”

Legal experts at local authorities are expected to be scrutinising the recently-issued paper detailing the Government’s updated plan for open public services. In it the issue of local authority scrutiny of health services is addressed.
 Browne Jacobson is a major Midlands-based practice, which was recently voted Law Firm of the Year at the Birmingham Law Society’s awards.