NHS Property Services BMA dispute update
The BMA has been supporting 5 GP practices in their legal case against NHS Property Services (NHSPS) for a number of premises-related issues, including rises in service charges. These proceedings were initially launched because NHSPS appeared to be increasing GP practices’ service charges relying on its Consolidated Charging Policy.
The case has been broken into 2 phases by the court.
- Phase 1 looked into the principles of which services NHSPS can charge the practices for.
- Phase 2 is expected to look into what the exact amounts of any charges will be.
A judgment on phase 1 of the trial was made on the 8th June 2022 and the court has determined the services which NHSPS can charge the practices for.
- The court has decided in favour of NHSPS.
- The High Court found that GP practices’ service charge obligations can only be determined on a case-by-case basis.
The judgment confirms that practices facing demands for fees that they do not understand should take a constructive approach and seek independent advice to investigate what is and is not recoverable by way of service charges.
Phase 2 will determine how much these 5 practices may owe.
Download the full judgement here