Letter from Rosie Winterton MP, Minister
of State, Department of Health, to Paul Burstow MP
I am writing to you following my appearance
at the Health Select Committee on 26 January. You asked whether
those who hold budgets through practice-based commissioning, for
example, an individual GP, could be called to give account to
an overview and scrutiny committee as PCTs can currently be.
According to The Local Authority (Overview and
Scrutiny Committees Health Scrutiny Functions) Regulations 2002,
Section 6 (1)
Subject to any directions issued under regulation
10, an overview and scrutiny committee may require an officer
of a local NHS body to attend before the committee to answer such
questions as appear to the committee to be necessary for discharging
its functions.
In the same regulations "a local NHS body"
is defined as "a Strategic Health Authority, Primary Care
Trust or NHS trust" which provides, manages or arranges provision
of health services. Since practices do not fit within this definition,
overview and scrutiny committees do not currently have the power
to require individual GPs to attend.
Within practice-based commissioning, although
practices will hold indicative budgets, PCTs remain ultimately
accountable. The Department of Health guidance published last
month, "Practice based commissioning: achieving universal
coverage" states:
Under practice based commissioning PCTs remain
accountable for all the funds allocated to them by Secretary of
State and for ensuring fair access to high quality services for
their populations, within the resources made available to them.
PCTs are also responsible for ensuring that services meet all
national and local quality standards and accreditation, especially
specific controls assurance standards on patient safety. PCTs
are accountable for this to the Secretary of State via SHAs.
Overview and scrutiny committees could of course
request a GP to attend before the committee to discuss practice-based
commissioning however as stated above, the committee should call
an officer of the PCT to account for the practice-based commissioning
in their area.
I hope this reply is helpful.
9 February 2006
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