NHSE cancels £300m IT plan after legal claim

The digital pathways framework, which has an estimated £300m contract value, was set to be used by integrated care boards to bring in approved suppliers of tools such as messaging, digital consultations and care navigation to drive a rapid move to “modern general practice”.

These improvements were due to be funded as part of the two-year primary care access recovery plan published by the government and NHSE in spring 2023.

The framework was originally intended to launch last August but has seen months of delay. In February, the tender process was suspended when technology company iPlato sued NHSE, having been excluded for submitting a video, which NHSE said left out key information.

Now, in its latest notice to bidders for the framework, seen by HSJ, NHSE said the procurement process was “ending”.

It cited delays due to the legal process and general election next month, meaning it would not have “sufficient time” to get the framework in place this year.

It said: “NHS England has estimated that outcome letters would need to be sent in early to mid June 2024 and framework agreements entered into [in] July in order to protect the benefits of implementing solutions prior to the onset of the winter pressures in 2024 (a minimum of three months for NHSE to ensure, ICBs to procure and for those solutions to be implemented after call offs are executed).

“Due to delays brought about as a result of various factors (including the suspension caused by the on-going litigation and the restrictions related to the upcoming general election), NHS England considers that it will not realistically be able to conclude the framework agreements in July 2024 and therefore there will not be sufficient time for digital pathways solutions to be implemented this year.”

The note said existing interim guidance  remained effective, meaning they can extend products already procured from a previous framework, which was due to expire in March, and can sign new contracts if approved by NHSE.

NHSE told HSJ that further options for suppliers of digital pathways products will be confirmed in “due course”, but did not offer further detail on how or when the funding attached to the programme will be used. 

ICB sources have told HSJ repeated delays to the framework were “potentially putting off” local primary care recovery; and primary care figures said there was confusion about how to modernise systems in its absence.

Frimley ICB said in board papers: “National benefits with the delayed digital framework will restrict timely delivery of [the recovery plan], specifically the ability to select more advanced digital tools from the approved provider framework.” 

As recently as April, NHSE indicated it was still hoping to go ahead with the framework but said the earliest it would be awarded was June, due to the legal action. The firm iPlato sued NHSE after mistakenly submitting a draft version of a video, which was an obligatory part of the tender process. NHSE said iPlato did not include a video showing all elements of a user journey through the software, which was required of suppliers.

But the technology company’s claim described NHSE’s decision as “unlawful” and “likely to cause [iPlato] substantial loss and damage”.

NHSE said in a statement: “Thanks to the NHS’ plan for recovering access to primary care, more GP surgeries have the latest tech to make access easier for patients. 

“Although a framework is not now how we are taking this work forward, practices can still secure the higher quality digital solutions they need with the help of ICBs, using the additional investment provided by the plan.”

HSJ has also contacted iPlato for comment.

This story was updated at 11.30 on 6 June to include NHSE’s response.