We are asking the Supreme Court now to appeal the disappointing and insulting Court of Appeal ruling.
To say we are disappointed is an understatement. We're furious. The Court of Appeal has ruled against our claim against NHS England's contentious Accountable Care Organisation (ACO) contract - yes they've rebranded it but we all know it is based on the USA ACO model.
After discussions with the legal team we don't think the Court of Appeal has properly got to grips with the issues we have raised about the new payment arrangements within the contract. So we are now asking the Supreme Court for permission to appeal.
We are not going away.
We will shortly begin another #Justice4NHS CrowdJustice Stage 6 to raise funds to cover the costs of preparing papers, legal arguments and court fees - just to apply for permission!
Thousands of supporters and followers have helped us through the 2-year legal battle and we hope you will lend your support again in 2019.
This is not something we have decided on lightly. It is yet another huge step in the fight to defend the NHS against the introduction of this contract that we see as the end to comprehensive healthcare in England.
We were very pleased with the way in which our barrister David Lock QC presented our case with a very strong rigourous argument with the public benefit aspect s being of paramount concern. Campaigners who joined us in the court told us that they understood more details of the case from his presentation.
Why are we determined to fight on?
Because we are not prepared to let the judicial system ride rough shod over this vital case.
The new ICP/ACO contract changes the way in which the NHS will function. Designed to cover 'an area's population' (with a fixed budget designed to encourage what they call 'demand management' and what we call cuts) will allow providers to bid for the contract on the basis of price competition - obviously NOT in the public interest. Allowing this would simply lead to a 'race to the bottom' and lead to restrictions on patients' access to NHS treatments. This is something MPs were promised WOULD NOT HAPPEN - time and time again during the fatal passing of the Health & Social Care Act 2012.
NHS England's flippant claim that existing legislation was entirely flexible and was not intended to be a set of tight rules to adhere to is an insult to both us and to Parliament. NHS England's defence goes entirely against what MPs insisted upon - that the HSCA 2012 would see providers competing on QUALITY - but NOT PRICE!
According to NHS England existing legislation is so flexible that it permits just about anything between a commissioner and a provider. And they claim that the new cost-cutting payment mechanism (the Whole Population Annual Payment at the beginning of a finance year) promotes innovation and integration - statutory goals for the NHS. But needless to say the defence did not explain how - and more importantly NONE of the THREE JUDGES seemed bothered to ask either!
What does NHS England actually mean when they say "promote innovation and integration"?
For us it is clear. Those catchy words just translate as CUTS.
We can't see that the judgement from the Court of Appeal has truly grappled with the case and on first reading we can't see that they explain why we are wrong in our arguement. We have to fight this all the way and we look to the Supreme Court now to accept the need for a judgement that truly engages with the important public interest issues in our case. What is more vital than losing our NHS?
We are not giving up and we hope you can join us once more.
Stronger than ever.
Make a #JUSTICE4NHS event happen in your area
This legal challenge is not an isolated academic case that we are fighting in the courts. The contract we are challenging will affect everyone in their local areas - as Clinical Commissioning Groups, Sustainability & Transformation Boards, local councils (even those supposedly led by Labour) all push forward the NHS England's hollow propaganda of 'innovation and integration'. Giving CUTS noble sounding names makes them even more despicable.
So you can both use and promote our case to help explain to people what is going on.
Your group might organisae a coffee morning, a meeting in a pub, a stand in the centre of town
- take a good photograph for social media
- write a letter to the local paper explaining why you and friends/fellow campaigners are gathering.
- organise a public meeting
We are limited in resources but if you would like a 999 Speaker at an event please get in touch and we will try to help.
Take an individual or group SELFIE and post online to as many of your network as possible. Especially to the Facebook pages of your local community, local broadcast and print media, local councils and MPs.
Click on the image to download the SELFIE TEMPLATE or even better
WRITE & DESIGN YOUR OWN
Use the hashtag #Justice4NHS on Twitter and we will find you