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Knowledge Hub

Anti-ACO campaigners win permission to appeal

What are NHS campaigners trying to achieve?


The Court of Appeal has granted NHS campaigners permission to appeal against a High Court ruling that whole population payments are lawful under the Health and Social Care Act.


Campaign group 999 Call for the NHS argues that the proposed payment mechanism included in the NHS Accountable Care Organisation (ACO) contract to be used by integrated care organisations (ICOs) in commissioning services is not permitted under the Act.


The ACO contract proposes that healthcare providers are not paid per treatment, but by a ‘whole population annual payment’, which is a set amount for the provision of named services during a defined period.


Campaigners argue this unlawfully transfers responsibility for any underestimate of patient numbers from the commissioner to the provider and could endanger service standards.


The Court of Appeal granted permission to campaign group 999 Call for the NHS to appeal against the ruling on all seven grounds argued by the campaigners.


Further information

Landmark Chambers: Court of Appeal grant permission in challenge to NHS ACO contract