Trust led by ICS CEO locked in dispute with system commissioners

Chelsea and Westminster Hospital Foundation Trust in north west London confirmed to HSJ that the challenge, started in the 2020-21 financial year, remained ongoing.

The FT’s chief executive Lesley Watts is also interim CEO of the North West London integrated care system, which covers the same footprint as the clinical commissioning group and is due to take over its role in April.

North West London CCG said it would not comment on the dispute.

CWHFT, which operates from two major hospital sites in the patch, disclosed in its annual accounts that £400,000 had to be set aside for the resolution of the dispute.

A spokeswoman for the FT said that because the £400,000 case was “still being disputed” it could not comment. It would not say what work the disputed payment was for. The accounts said it “relate[s] to challenges on activity recording and charging that it has not been possible to settle by reference to the contract, under which the trust has been entitled to income”.

The trust provides a range of district general hospital, specialist and sexual health services across north and north west London.

NWL ICS, like others, is due to announce its substantive designate chief executive shortly. The accountable officer of North West London CCG is Jo Ohlson, whose role is separate to that of the ICS CEO.  

NHS England has to adjudicate when billing disputes between commissioners and providers cannot be resolved between them.

The 2018-19 financial year saw NHS England being asked to arbitrate over nearly £20m of disputes between commissioners and providers. NHS England would not answer questions on the number and value of arbitrations for the 2020-21 financial year.

The national commissioner has previously tried to use commercial confidentiality as a way to not disclose the winners and losers of the arbitration process, saying that confirming a trust victory in one case might encourage other trusts to seek arbitration.

NHS England’s London office told HSJ this month it was “not aware” of any other contract disputes between providers and commissioners in the capital which it needed to adjudicate on.

From April next year, all CCGs are due to be replaced by ICSs, with local NHS providers among their membership and with at least one voting representative on their board. National NHS leaders have in recent years been encouraging local organisations to move towards cooperation and collaboration, rather than commercial mechanisms and contracting.