#Justice4NHS - Stage 5 - Court of Appeal

by 999 Call for the NHS

#Justice4NHS - Stage 5 - Court of Appeal

by 999 Call for the NHS
999 Call for the NHS
We are a grassroots campaign group fighting to save our NHS as a comprehensive healthcare service for everyone. We work with fellow campaigners up and down the country.
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pledged of £22,000 stretch target by 822 people
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999 Call for the NHS
We are a grassroots campaign group fighting to save our NHS as a comprehensive healthcare service for everyone. We work with fellow campaigners up and down the country.
Pledge now

This case is raising funds for its stretch target. Your pledge will be collected within the next 24-48 hours (and it only takes two minutes to pledge!)

Latest: Nov. 6, 2018

Preparing for the days at the Court of Appeal


Jo and Jenny were part of the Scrap the ICP Rally outside Parliament on the 26th October.  Jo explained why our case is vital for the public to understand.

It's looking likely that the case...

Read more

About the case

This autumn, 999 Call for the NHS will be in the Court of Appeal for a 2 day hearing of our appeal against NHS England’s Accountable Care Organisation contract.

The Court of Appeal has granted us permission on ALL seven grounds we applied for, to appeal the High Court ruling that dismissed our Judicial Review claim.

The Court of Appeal has also granted us capped costs because the NHS is important to the public; and the complexity of the legislation means our case is worthy of consideration at a higher level than the High Court.

We now need to raise £18K. This will be used to meet  the capped costs limit that we would have to pay NHS England if we were to lose the appeal.



A vital matter of public interest

Our Judicial Review, held at the High Court in Leeds on 24th April, challenged the lawfulness of a way of paying for NHS services that NHS England has introduced in its new Accountable Care Organisation contract for 2017/18 - 2018/19. 

Called a “Whole Population Annual Payment”,  this is basically a fixed annual sum paid to an accountable care provider (which NHS England has now renamed an “integrated care provider”).   It is intended to cover a population area, regardless of the number or complexity of  NHS services provided.  The provider would be paid at the start of the year, before it has carried out any treatments. It would impose obvious financial pressures and risks on the provider of NHS treatments.

We think this cost-cutting payment mechanism would undermine the NHS as a high quality service that provides the full range of appropriate treatments to everyone, on the basis of clinical need.

If introduced into the English NHS, it would restrict access to NHS treatments, accelerate the creation of a two tier health system where people with money pay to go private while the rest make do with a limited NHS, and increase privatisation.

The Court of Appeal has expedited  our appeal because NHS quangos are already spending considerable sums of public money on the assumption that the Accountable Care Organisation Contract is lawful.

NHS England is already in the middle of a public consultation on the Accountable Care Organisation Contract (which they’ve renamed the Integrated Care Provider contract) - despite the fact that it may not be lawful. 



Two main legal issues at the heart of our Appeal

First is whether NHS contracts can lawfully be awarded on the basis of price competition between rival bidders. This would be the effect of the Whole Population Annual Payment, since it would pay for NHS services without “visible prices fixed in advance for each individual treatment episode”.  The Judicial Review ruling said this was lawful. 

However, we think that it would allow providers bidding for an Accountable Care Organisation contract to try and undercut each other on price - creating a race to the bottom, in terms of the quality and accessibility of NHS treatments.

The second legal issue arises from our Judicial Review argument, that because Parliament clearly intended that the Health and Social Care Act 2012 would not lead to price competition between providers bidding for NHS contracts, the Accountable Care Organisation contract would be unlawful if it had this effect. Which we think it would.   

In dismissing our Judicial Review,  the judge ruled that this “is a political objection and not a matter for the court.

We could not disagree more.

While we are no fans of the 2012 Health and Social Care Act - which increased private companies’ access to NHS contracts, fragmented the NHS and removed the Secretary of State’s duty to provide a universal, comprehensive health service in England -  we think it is vital for the future of the NHS that decisions about the future of the NHS are made lawfully.

Otherwise, what is the point of Parliament, if government quangos can ignore the laws it makes?


Who we are

We’re ordinary people determined to protect the NHS as a high quality comprehensive public service,  free at the point of use for all who need it.


In 2014, with great support from the public and media, 999 Call for the NHS marched 300 miles from Jarrow to London to save the NHS. Over 20,000 people gathered in Trafalgar Square to support this urgent call.


We’ve carried on campaigning ever since. For the last two years, we’ve been marching to the law courts. 

Please join us on this final leg.



How you can help

We need to raise £18,000 to cover the costs of our #Justice4NHS Appeal. 

Over 1400 people have helped get us this far, by crowdfunding the costs of our Judicial Review & Application for Permission to Appeal.

We hope you will help us continue with the fight for our NHS.

Please:

  • give what you can, every penny helps
  • share this page with friends, family and social media networks
  • consider working this legal challenge into your campaign group’s actions, if you’re part of one


This is a vital matter of public interest. The more we stand together, the better our chance of protecting our NHS.  


Thank you

Jenny, Jo and Steve

All all the 999 Call for the NHS Team

Please NOTE: Our initial target of £12k is to cover the capped court costs - when that is reached we are guaranteed that money. Then we move to  the "stretch" £18k target which will cover legal and campaign expenses. Pledges during the stretch target period will be charged within 24-48 hours.

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Update 9

999 Call for the NHS

Nov. 6, 2018

Preparing for the days at the Court of Appeal


Jo and Jenny were part of the Scrap the ICP Rally outside Parliament on the 26th October.  Jo explained why our case is vital for the public to understand.

It's looking likely that the case will begin on Tuesday 20th November - we are still awaiting definite confirmation from the Court Clerks. This is because our case has been expidited due to public concern and they are "squeezing" us in - rather than the usual scheduling process which could take months.

We will know for definite by the end of this week. 

Please keep a note in your diaries as we would like as many people as possible to join us outside the courts for press photos and a rally - like we did in Leeds which was very successful. 

Full details coming soon or you can email us info@999callfornhs.org.uk

Update 8

999 Call for the NHS

Oct. 21, 2018

Rally Round... scrap the contract

On Friday 26th October we will be speaking at the Scrap the Integrated Care Provider contract/Support the NHS Reinstatement Bill rally outside Parliament. It would be great to see any of you in the London area who can come along. It will be an opportunity for campaigners from different groups to join together to show NHS England exactly what we think of their ICP contract.

Please do say hello if you attend.

The link for more details is here. https://www.facebook.com/events/2145381719114927/

Please keep sharing this CrowdJustice page with friends and explain to them why it is so vital the public understand why this case is so important.

Thanks so much for sticking with us. 

Onwards to the courts!






Update 7

999 Call for the NHS

Oct. 16, 2018

Extending our target

Many thanks again to all the people who have pledged. Our £18K stretch target has now been passed. 

We are so grateful that you have joined our March to the Court of Appeal to challenge the damaging new Integrated Care Provider contract that NHS England wants to introduce from next April.

Donations are still coming in and we have extended our final  'stretch target' to £22,000. This is because we know from the experience of our Judicial Review that some unexpected costs can arise.  We are therefore very grateful for the leeway that extra donations beyond the initial £18K are providing. 

If there is any unspent money at the end of our Court of Appeal process, this will go via CrowdJustice to a similar legal challenge to protect the NHS, and help them take their case to court.

Thanks so much.

Jo, Jenny & Steve

Update 6

999 Call for the NHS

Oct. 14, 2018

Surprise, relief and gratitude

Phew! We are SO GRATEFUL to the 720+ people, NHS campaign groups and trade union branches who have given generously, to make it possible to challenge the potentially NHS-wrecking Integrated Care Provider contract in the Court of Appeal. We're on our way...

We know some pledges are still coming in and we are leaving this page open, so anyone who still would like to donate, can do so.

Any extra dosh will help with some unexpected new legal costs we had not factored into the target when we launched last month. 

THANK YOU ONE AND ALL. THE FIGHT GOES ON!!! 

Jo, Jenny & Steve

and the 999 Call for the NHS Team

Update 5

999 Call for the NHS

Oct. 8, 2018

Scrap ICP - We Say it loud and clear

Jo and Jenny attended the SCRAP THE ICP Contract Rally outside the Houses of Parliament last Friday (26th Oct.) Our Jo makes it clear why we are marching back to the Court of Appeal. 

Thanks to all the campaigners who came to support and for their kind comments and genuine questions about the case. We hope more will join us at the courts at the end of November. We will be issuing news about the dates as soon as we hear.

Many thanks. 

Jo, Jenny & Steve

And all the 999 Call for NHS team



Update 4

999 Call for the NHS

Oct. 8, 2018

Onwards and Upwards

We want to say a MASSIVE thanks to hundreds of generous people, NHS campaign groups and Trade Union branches who together have already given over £14,000 - passing the first target of £12,000. 

Reaching this target is a huge relief because it guarantees we can access the money people have pledged. 

THANK YOU!  THANK YOU!! 

This means we are now definitely heading to the Court of Appeal. 

The first target was set to cover the capped costs that we would have to pay if we were to lose this case.

We now  move onto our "stretch target" of £18,000 which will cover the legal team’s costs and campaign costs such as information leaflets and travel expenses to legal meetings. 

If you've already donated we would love it if this weekend you would help us by sharing this page with friends. 

If you've just discovered our case please consider pledging and joining the march to the Court of Appeal, in search of  #Justice4NHS. 

Thanks once again 

Jo, Jenny & Steve 

And the 999 Call for the NHS Team

Update 3

999 Call for the NHS

Oct. 6, 2018

Towards our common goal

Thanks to all the 359 backers who have pledged almost £10,000 in just two weeks. 

And special thanks to fellow campaign groups who have donated and sent rallying messages of support. It means a great deal to know others are fighting with us. 

In Huddersfield this weekend, thanks to campaigners from across West Yorkshire, local people were left with no doubt that #Justice4NHS was a vital public interest case

What's more vital than saving the NHS from yet more cruel cuts to hospitals and services?

All the local cuts, mergers and sell-offs that you are witnessing in your local area are part of Sustainability and Transformation Partnership schemes that are turning our NHS into a version of the USA's Medicare/Medicaid system.

And the end game is the introduction of Accountable Care Organisations ( now rebranded Integrated Care Providers) through the new NHS England contract that we are challenging.

If we don’t stop the contract in the Court of Appeal,  newly appointed "Lead Providers" will hold massive, complex 10 year contracts designed to cut costs and "manage demand" for NHS care.

Let's be clear. "Manage demand" translates as -restrictions to and denial of care in order to meet financial targets.

This #Justice4NHS appeal is not our case alone. It involves all local areas up and down the country and affects everyone.

You can help by sharing this page with friends. We need #Justice4NHS to be in the public eye.

We have just under two weeks to reach our first target of £12,000. Could you help us get there?

If you haven't already please read our case details below and consider pledging your support. Every donation is greatly appreciated.

Thank you so much for all your support!

Update 2

999 Call for the NHS

Oct. 3, 2018

We're over halfway to our first target, thanks to our amazing donors!

Thanks to our amazing donors, who’ve already pledged a very encouraging £7,445, we’re over 60% of the way to our first target of £12,000!


By donating, over 270 people, NHS campaign groups and trade unions have joined forces to support our Court of Appeal hearing.


Together, we’re all fighting to keep the NHS as a high-quality service that provides the full range of appropriate treatments to everyone, on the basis of clinical need.


We are so glad of your support. Your comments as well as your donations are hugely encouraging.



This is the last chance to stop Accountable Care contracts. We cannot let this chance slip away.


We need to reach our initial target of £12,000 by the 21st of October. So we appreciate all your help.


Our Court of Appeal hearing is the only way of stopping this cost-cutting contract from being used from April 2019 - with dire effects on our NHS. We have to seize this opportunity.


Otherwise, from that date Clinical Commissioning Groups around the country will be using the contract to procure a whole range of NHS services.

This week the Health Service Journal reported that 1/3 of MPs say they don’t understand the new NHS “care models” that this contract is designed to procure, deliver and set in stone for 10 years.  

It’s time they all got their heads round these issues. Because if this 10-year contract were to go ahead, a new government would be powerless to stop and reverse its measures.


It is VITAL that together we stop this contract. The NHS is facing an onslaught of cuts. More and more people are unable to get the healthcare we are entitled to – and this contract would limit access to NHS care even further.


Thanks again for your support. Please will you share this information with friends, family, colleagues and neighbours and encourage them to join you in supporting this vital legal challenge?

And if you’ve not already donated to this stage 5 of our CrowdJustice crowdfunder, please will you?

Don't forget when you pledge you can tick the box that will keep you informed of how this CrowdJustice Stage 5 fundraiser is progressing.

Thank you so much for all your support!


Jo, Jenny & Steve
And the 999 Call for the NHS Team


Update 1

999 Call for the NHS

Sept. 24, 2018

Our First Weekend! Thank you

We want to say a huge thank you to the first 95 backers of our Court of Appeal case. We really can't do this alone and it means so much to have your support.


It's been wonderful to receive so many emails and messages and we are proud to have the support of the NHS Campaign community and members of the public.

Don't forget when you pledge you can tick the box that will keep you informed of how this CrowdJustice Stage 5 fundraiser is progressing.

Thanks so much!


Jo, Jenny & Steve
And the 999 Call for the NHS Team

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