Local Authority Purchasing of Local Enhanced Services (LES)
Will Local Authorities use procurement procedures to purchase LES when they take them over from PCTs on 1st April 2013
Section 75 of the Health and Social Care Act 2012 makes it clear that procurement and tendering are a requirement of CCGs. The Government is attempting to "soften" this approach by enabling CCGs to bypass competition when it is in the patients' best interests. This attempt still has a long way to go and may even be resolved in the European Court of Justice. However, services previously delivered under the Local Enhanced Services (LES) regime are being passed from PCTs to Local Authorities on 1st April. There are opportunities for transition arrangements, but Local Authorities are bound by EU and UK law to ensure that all of the services which they purchase are procured in a manner which complies with Europe-wide legislation. The document below provides an overview of some of the sometimes complicated procurement environment in which bot purchasers and providers operate.