Bevan Brittan is currently acting on an array of Prison Health contracts across the Midlands and the Southeast. Much of this work is for PCTs, following responsibility for the prison healthcare being formally transferred from HM Prison Service to the DoH in 2006. However, we also act for both private sector contractors in the security industry on these contracts and for F oundation T rusts s (FTs) and other NHS providers who might bid for these service contracts.
The commissioning of prison health services by the PCT must be carried out in partnership with prisons, as prison governors remain legally responsible for the overall health and welfare of prisoners and the prison health services provided within the security framework of the prison. We have advised the Department of Health, Strategic Health Authorities and PCTs on legal issues arising out of the commissioning responsibility for Prison Health to PCTs and we have provided extensive advice on partnership agreements between Prisons and PCTs and the allocation of risks.
We have also advised on the transfer of prison health provision to the PCT or other providers, including TUPE issues and contracting structures for the prison health services. We have advised on a number of APMS contracts for prison health services and are currently advising on a number of procurements for prison health services with the intention of changing models of care. This includes an innovative procurement for a YOI.
Bevan Brittan was not only instrumental in setting up these contracts but also provides extensive ongoing support. Following the team’s involvement in a series of prison inquests for deaths in custody, we have provided Inquests and Investigations training to the Fatal Investigations Team at the Prison & Probation Ombudsman as well as to healthcare staff at the prison.