GP Surveyors has won 5 breakthrough cases which confirm that GP practices contractually have 3 years in which to challenge their Notional Rent reimbursement, not 3 months (which was argued by NHS England).
In addition to this, there are 4 cases pending which are expected to have a similar outcome – preventing NHS England from imposing non-contractual time limits on Notional Rent reimbursement appeals.
Paul Conlan, Operations Director at GP Surveyors, explains:
“Over the past year we have taken on an increasing number of Notional Rent appeals (on behalf of our GP clients) where NHS England has refused to enter into local negotiations. NHS England reasoned that this was because the practices had not opened the disputes within the 3 month time frame which was outlined in letters to the practices following their reviews.
However, here at GP Surveyors, we have always reaffirmed that GP practices have 3 years to appeal their Notional Rent following a review due to the regulations outlined within the GMS contract (NHS GMS Regulations 2004) – specifically Schedule 6, Paragraphs 99 and 101.”
Paragraph 99 states that:
“the contractor and the Primary Care Trust must make every reasonable effort to communicate and cooperate with each other with a view to resolving the dispute, before referring the dispute for determination in accordance with the NHS dispute resolution procedure.”
“This means that NHS England must endeavour to discuss and resolve Notional Rent appeals at a local level. If an agreement cannot be reached, then the matter can be referred to the NHS Litigation Authority (NHSLA) to follow the NHS Dispute Resolution Procedure (LDRP).”