We have been informed that there have been multiple reports of NHSPS pushing practices around the country for debt settlements and giving arbitrary deadlines. Unless there is a legal basis for issuing a deadline, it is only their hope and desire. Although it is far from certain, it is unlikely that there will be appetite at DHSC and SoS to take practices to court. The financial, political and PR risks that this brings are very high.
Please also bear in mind that when BMA supported five practices in legal cases, they were able to negotiate substantial reductions:
“These practices have had to pay significantly less than what was being claimed by NHSPS with one practice seeing NHSPS’ claim against them reduced by more than £400,000 – a reduction of more than 80%. For the period between 2013/14 and 2019/20, the BMA assisted the five practices in reaching a settlement with NHSPS. This settlement secured reductions ranging from £25,000 to over £400,000 on the amounts claimed by NHSPS and a total reduction of more than £750,000.”
BMA advice on dealing with NHSPS (and this also applied to CHP) remains as published below:
https://www.bma.org.uk/advice-and-support/gp-practices/gp-premises/nhs-property-services
Engage constructively
BMA have always advised practices to engage constructively with NHSPS. Practices should seek their own advice on their position and put their particular case to NHSPS on what they believe is or is not, recoverable by way of service charges. Amounts in dispute should be raised with NHSPS. NHSPS should then respond and confirm the basis on which each item is being charged to each practice specifically. NHSPS should also demonstrate that these services have actually been provided and, in the absence of any contrasting terms in the tenancy, to a required standard and at a reasonable cost.
You and your practice may enter into discussions in good faith with NHSPS in an attempt to find mutually agreeable terms of occupancy going forward. You should be mindful that any agreements do not jeopardise your existing legal rights and do not put future sustainability of the practices at risk. As in every case, BMA encourages you to seek independent legal advice before agreeing to anything.
Current charges
Practices should only make payments if they agree with the legal basis upon which NHSPS have claimed the charges are due and agree they are accurate.
