BDA response to FTA law article

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Our concerns about individual practices negotiating terms with NHS England

BDA Friday 17th April 2020

We are aware that FTA law is advising dental practices to write back to NHS England setting out the terms on which NHS practice owners should accept a proposed variation. We are concerned about the idea of individual practices negotiating terms with NHS England just at the moment.

There are a number of reasons for this:

  1. The government has brought into force regulations that allow for the suspension of contract terms. The BDA is in discussion with NHS England and we are seeking urgent clarification on the issues facing NHS dental practices, including the suspension of UDA targets during this period.
  2. Like so many, NHS England is struggling with a huge workload at the moment. Increasing that workload with individual contractors negotiating contract amendments seems a poor strategic choice right now.
  3. There are principles at stake which will be in the minds of everyone in NHS England.
    • There is a global pandemic. Tens of thousands of people are dying. There is a massive requirement for NHS services to cope with the huge number of COVID-19 infected people who are seriously ill.
    • Businesses are failing. People are losing their jobs. Many others are having important medical treatment (including cancer treatment) postponed.
    • People are going to work in difficult circumstances: think of all the medical professionals in the COVID-19 wards, some of whom have died as a result.
    • To help the country get through this crisis, the government is borrowing and spending a substantial amount of money that will take generations of tax-payers to repay.
    • Right now, what the government and the NHS need to concentrate on is ensuring that the health service can cope with the increased demand on services due to COVID-19. That is its priority. At the same time, it is also ensuring that NHS dental practices and NHS dentists have money to survive and that dentists are able to redeploy wherever possible to help the wider effort.
    • NHS England is giving NHS dental practices money in return for a request that dentists do something to help in the wider effort. We believe there will be no clawback in relation to UDAs during the shutdown. We are seeking clarification on that.
  4. We are concerned that an attempt to enter into individual contract negotiations at this time may be seen as opportunistic and inappropriate at a very difficult time for the nation.

We therefore suggest a little patience. We are working hard to speak to members and understand your concerns. We are also working hard to negotiate with NHS England to get NHS practice owners the right clarity and a fair deal.