Council and NHS trust face legal action over outsourcing of children's services

A county council and an NHS trust are facing a legal challenge to the decision to outsource children’s health and social care services to Virgin Care.

In July Devon County Council named Virgin as its preferred bidder to take over responsibility for managing Integrated Children’s Services (ICS) – a partnership between NHS Devon and the local authority.

The ICS provides a range of health and social care services including public health nursing, mental health and wellbeing and physical, sensory and learning disability.

In 2011 the county council had agreed to host ICS for a period of two years during which a programme of re-commissioning could take place, with the aim of securing a single accountable provider by March next year.

A parent with children who need these services has instructed claimant firm Deighton Pierce Glynn to mount a challenge against Devon and NHS Devon over the decision to hand Virgin preferred bidder status.

The law firm has applied for judicial review and instructed counsel at Matrix Chambers.

At issue is whether the county council and NHS Devon had due regard to equality implications of the decision and whether they complied with their own equality policies.

A rolled-up hearing will take place on Monday and Tuesday next week (8 and 9 October).

Rebecca Harriott, director of commissioning development for the cluster of NHS Devon, Plymouth and Devon, said: “Judicial review proceedings have been issued to challenge the process by which the re-commissioning of a contract to run integrated children’s services across Devon has been conducted.

“We firmly believe that there is no case to answer and will strongly defend the action. Both authorities together are continuing to progress the current process to award a final contract and transfer staff by 31 March 2013.”

Bevan Brittan partner Emily Heard is acting for the defendants and has instructed James Goudie QC and Rachel Kamm of 11KBW. Joanne Clement, also of 11KBW, was previously instructed but was unavailable for the hearing.