Field Fisher Waterhouse advises on Hull NHS restructuring project
14 June 2010
Field Fisher Waterhouse LLP has advised on the transfer of
front-line healthcare services provision from Hull Teaching Primary
Care Trust (NHS Hull) to the City Health Care Partnership CIC (CHCP
CIC), a community interest company. Hull will be among the first
places in the country to have services such as health visiting and
district nursing delivered by a not-for-profit community interest
company, that in the future will offer employees the opportunity to
become shareholders.
In 2006, Hull was identified as a ‘Pathfinder’ for social
enterprise by the Department of Health and since then has been
working towards the separation of its commissioning and healthcare
provider functions. Around 1200 staff have transferred to
CHCP CIC which will reinvest any financial surpluses it makes into
staff, the local community and service development. The
restructuring project is significant given the new Government’s
emphasis on growing social enterprise and the co-ownership of
public services.
Field Fisher Waterhouse advised CHCP CIC on the novel
employee-owned business structure, the constitution of the new
business, the transfer of NHS Hull’s provider services business,
ten separate service contracts and on property law issues.
The firm also advised Central Surrey Health Ltd on the only
previous project of this kind which, in 2006, saw the local Primary
Care Trust transfer the delivery all nursing and therapy services
in the Central Surrey Health area to a not for profit limited
company co-owned by its 700 employees.
Field Fisher Waterhouse corporate
partner Neil Palmer and employee
ownership partner Graeme Nuttall led on
the project, assisted by Purvis Ghani (Employment) and Penny Wotton (Trusts), Mark Gearing and Guy
Burman. Real Estate partner
Ramatu Banga provided property law
advice assisted by Gary Pickard and John
Downes.
Graeme Nuttall said:
“This is a significant restructuring project
for the NHS. It is a pioneering example of the transfer of public
service provision to a not-for-profit company in which all
employees are shareholders. We expect this to be a growing
trend given that the coalition Government has already confirmed it
will support co-ownership of public sector services. The Big
Society programme launched in May this year announced a public
sector workers' right to form employee owned co-operatives and bid
to take over the services they deliver. This was a significant step
forward from the more limited "Right to Request" that was launched
in 2008 which gave NHS staff the ability to create social
enterprise businesses and I anticipate we will see further take up
of this model in the future.”
NHS Hull was advised by Hempsons. Beachcrofts advised on certain
property and pensions aspects of the transfer.
For further press information please
contact:
Louise Eckersley, PR Manager,
Field Fisher Waterhouse LLP on +44 (0)20 7861 4120.