Full story click here: http://www.bbc.co.uk/news/uk-england-gloucestershire-15046892
"We have been advised that NHS Gloucestershire is acting unlawfully. It cannot just hand over all its NHS Primary Care Trust services to an unaccountable 'Social Enterprise' or 'Community Interest Company'," she said.
An interim injunction will also be sought to stop the proposed transfer of services taking place on 1 October as planned.
But Jan Stubbings, chief executive of NHS Gloucestershire, said all applicable policy and guidance had been followed in making this decision.
Interesting challenge. The legal responsibility resides with the appropriate NHS authority (and ultimately with the Secretary of State) but they can choose to delegate the authority to deliver the nuts and bolts of the service to an appropriate provider, as far as I can see. After all, havent GPs, dentists, pharmacists and opticians managed to maintain their independence since the 1940's? So, lets not get all soppy-eyed and sentimental about some kind of monopoly, because what we have isnt a monopoly, it is a http://en.wikipedia.org/wiki/Monopsony