NHS White Paper - keep calm and carry on

The publication of the Government's White Paper entitled Equality and Excellence: liberating the NHS on 12 July has, inevitably, caused a huge amount of commentary. One of the aspects on which there has been particular focus is the proposal for putting local consortia of GP practices on the 'front line', commissioning services for their local area and population.

Although the White Paper is bursting with ideas, it contains relatively little detail and the Government has acknowledged that it will need to carry out consultations in order to flesh out much of that detail. One of those consultations, issued today (22 July) is entitled 'Commissioning for Patients' and seeks views on the intended arrangements for GP commissioning and the new NHS Commissioning Board.

There is no doubt that if the changes proposed by the White Paper are seen through to a conclusion it will mean huge changes for GPs. Traditionally, GPs have worked in partnerships with only very little formal dealings with other GP partnerships in their area. The advent of practice-based commissioning groups and the concept of Federations, promulgated by the Royal College of General Practitioners in their paper in the summer of 2008, has led to some associations between practices; some informal, some formal. However the White Paper makes clear that GPs will be expected to join consortia and in the event that they fail to do so voluntarily, will be allocated a consortium by the NHS Commissioning Board.

This is a far cry from the way many GPs currently work and a change of this nature is, inevitably, worrying.

However, Corporal Jones's old saying "Don’t panic, Mr Mainwaring" is one worth bearing in mind. While GP consortia are a new concept and there will be particular issues to deal with in relation to commissioning and all of the other requirements that are going to be imposed on GPs (as yet unknown), the notion of organisations working together is not new.

It is very common, in the public sector, for groups of organisations to get together, through contractual arrangements, to deliver services. We already have some precedent through federated structures already in use by some GPs. In the wider business world, legal entities regularly form new organisations, either for a specific project or for longer term purposes. There are various tried and tested legal models and it is likely that elements of them will inform the way forward structurally.

I entirely accept that there will be some very specific issues to be addressed within GP consortia and, culturally, this type of legal structure and arrangement will feel alien to many GPs. However, today's consultation paper shows that the Government anticipates that consortia will be statutory public bodies and that their powers and responsibilities will be set out through legislation. That suggests that there will be some basic structures with which to work.

Legal advice inevitably involves a certain amount of lateral thinking and drawing on other ideas and experiences, albeit from different sectors. The White Paper states that the GP consortia are to be in place, in shadow form, during 2011/2012. Whilst realising that time can move extremely quickly, there is a strong argument for keeping a watching brief on comments and guidance from the Department of Health, responding to the consultations and reviewing the outcomes of those consultations before any hasty action is taken.

For more information, contact Andrew Miscampbell, partner and head of Blake Lapthorn solicitors' GPs team on andrew.miscampbell@bllaw.co.uk or call 01865 254207.