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Primary care contract question – ask a friend….

Do you know if a breach notice be issued for failure to satisfy a remedial notice for a dental contractor?

PCC does. We are a social enterprise that has supported the health and care service since 2009. Our team have supported NHS England at a local level, and nationally, including work to draft policy and guidance manuals for primary care contracts. We have affordable annual contracts that include helpdesk support to answer these types of questions as well as providing discounted access to training, events, bespoke facilitation, leadership development, e-learning, and consultancy.

In answer to the question…..

When issuing a remedial notice for a contract breach, the notice must specify what the remedy is, such as providing information, meeting contracted hours, updating equipment. At times the contractor may not complete the remedial actions (fully or partially). When the actions aren’t completed, the commissioner has various options available to them, including extending the time period to satisfy the notice or even terminating the contract. However, in the past some commissioners have looked to issue a breach notice for the failure to satisfy the remedial notice. This was looked at by NHS Resolution in case SHA 19988 (January 2019) where it stated in the ruling “…it is clear to me that the Regulations envisage a specific possible consequence of non-compliance of a remedial notice. This consequence is not the issue of a breach notice.”

If you would like to discuss how you can access trusted affordable support, contact enquiries@pcc-cic.org.uk.

Last Updated on 28 July 2023