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Foundation trusts’ regulator set rules on private income that were too lax, says judge

BMJ 2009; 339 doi: https://doi.org/10.1136/bmj.b5460 (Published 14 December 2009) Cite this as: BMJ 2009;339:b5460
  1. Clare Dyer
  1. 1BMJ

    The UK’s largest public service union, Unison, has won a High Court victory that will restrict the extent to which NHS foundation trusts can involve themselves in private health care.

    Mr Justice Cranston has ruled at the High Court in London that Monitor, the independent regulator of foundation trusts, adopted too narrow a definition of “income derived from private charges” in fixing the cap on the proportion of income that trusts could make from private sources.

    In what he described as “a fiercely contested dispute about the future direction of the National Health Service,” the judge said the issue was the extent to which NHS foundation trusts were able to …

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