Care home resident challenges PCT’s right to hive off services to a social enterprise without a proper tendering process

BMJ 2012; 344 doi: (Published 09 February 2012) Cite this as: BMJ 2012;344:e994
  1. Clare Dyer
  1. 1BMJ

A retired railwayman who lives in a care home challenged his local primary care trust’s decision to hive off community care services to a social enterprise company at the High Court in London this week.

Lawyers for Michael Lloyd, 76, argue that Gloucestershire Primary Care Trust would be acting unlawfully in outsourcing the services to Gloucestershire Care Services Community Interest Company (GCS), a company it set up itself, without a transparent procurement exercise.

David Lock QC, for Mr Lloyd, told the court that the trust’s proposal seemed to contradict all established principles of procurement law in …

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