4th April 2017 Recorded Delivery.

Dear Rt. Hon Graham Stuart MP (Copy Look North/East Riding of Yorkshire Council.

Re East Riding of Yorkshire CCG.

NB THIS LETTER IS WRITTEN TO YOU,SOLE INTENTION OF TO ASSISTING YOU IN REPRESENTING THE BEST INTERESTS OF ALL YOUR OWN CONSTITUENTS..

Unfortunately the content of your interview yesterday on Look North and the content of the news item generally has overlooked the reality that Jeremy Hunt and the “Independent Configuration Panel” have has no power to force the CCG to alter their plans.

They can only “advise and or recommend” but can do nothing if the CCG chooses to ignore that advice and or recommendation”.

This inability was made clear in the White Paper published by the Conservative led Government prior to the enactment of the Health and Social Care Act 2102. and reflected in the terms of the Act itself.

EXTRACT FROM WHITE PAPER.
1.3 NHS Foundation Trusts and Clinical Commissioning Groups will be established in law as new legally independent organisations, with a duty to provide NHS services to NHS patients.

1.7 NHS Foundation Trusts and CCG’s will be set free from central Government control, manage their own budgets and be able to shape the healthcare services they provide to better reflect local needs and priorities.

Jeremy Hunt Theresa May often refer to “decisions on service delivery” being made at a “local level” implying that local people have a role in how health services are being delivered when the reality is that they have no such power at all (nor have individual MP’s) as individual NHS Trusts and CCG’s can “go out to consultation” on their proposals, but are under no obligation whatsoever to comply with the “results” of that consultation.

These “independent” and free from democratic control” organisations can proceed with their decisions on service delivery, even if the results of the “public consultation” is to the exact opposite effect – and there is nothing that either Theresa May or Jeremy Hunt can do to change the situation without amending the Health and Social Care Act itself by primary legislation to that effect.

Yours sincerely,

Kevin S. Riley Solicitor