UNISON, the UK's largest public sector union, has issued a legal challenge against Monitor, the independent regulatory body for NHS Foundation Trusts. The union is seeking a Judicial Review and calling on Monitor to change its rules over the amount of private work being carried out by Foundation Trusts.

Karen Jennings, UNISON Head of Health, said:

"There are very sound reasons for the cap on private patient income. Without it there is a danger that the treatment of NHS patients will come a poor second to cash-paying private patients.

"Five new foundation hospitals have been announced today, so it is more important then ever to get this matter out in the open and the rules clearly defined.

"UNISON believes that Monitor's interpretation of the law is wrong. As a result we think Foundation Trusts are likely to be under-reporting the true amount of money they receive which goes towards their private patient income cap."

UNISON's challenge states Monitor's rules for Foundation Trusts do not comply with the National Health Service Act 2006. The Act contains a cap on the amount of income Foundation Trusts are allowed to earn from treating private patients.

UNISON believes that Monitor's rules contain a major loophole that allows Foundation Trusts to carry out unlimited amounts of private work by establishing joint ventures with private companies and by setting up charitable organisations.

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