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VAT Avoidance Brookson / Plus Us

Roy Millar made this Freedom of Information request to Calderdale and Huddersfield NHS Foundation Trust

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Dear Calderdale and Huddersfield NHS Foundation Trust,

Following the announcement from HMRC requiring VAT be paid on agency doctors supplied to the trust by Brooksons/+us, can you confirm;
1. Whether agency doctors are still being, (a) mandated to or, (b) requested to work through the Brooksons/+us shell arrangement?
2. Whether the trust intends to seek compensation for breach of contract by Brooksons/+us and /or rely on any indemnity provided by Brooksons/+us should HMRC seek to recover backdated taxes?
3. Whether nationally procured contracts endorsed by NHS Improvement and HM Treasury will now be used by locum services from one or more agencies or a neutral vendor?
4. Whether the trust will use a newly modified service with the same provider to try to continue to avoid or mitigate VAT?
5. Whether the trust considers the contract with this provider is void on the basis that the contract specification can no longer be met and any changes proposed to the supply model would be so material as to render it void?

Yours faithfully,

Roy Millar

FOI, Calderdale and Huddersfield NHS Foundation Trust

Dear Roy

Freedom of Information Ref 156.2019

With reference to your request made under the Freedom of Information Act, this is an acknowledgement that Calderdale and Huddersfield NHS Foundation Trust has received and started the process relating to your request for information. Please use our reference number in all future correspondence.

In accordance with Trust policy and the requirements of the Freedom of Information Act 2000, a period of 20 working days is assigned for processing your request. [Working days within the NHS refers to Mon-Fri.] We will provide you with an explanation if we find that there is any reason why this period may extend beyond the period prescribed by the Act.

Please contact us if you have any queries regarding the procedure.

Kind regards

FOI Office
Calderdale and Huddersfield NHS Foundation Trust
T: 01484 356904
E:[email address]

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FOI, Calderdale and Huddersfield NHS Foundation Trust

Dear Roy

 

Further to your recent FOI request, please find below the response from
Calderdale and Huddersfield NHS Foundation Trust.

 

If you are unhappy with this response you have the right to access our
complaints procedure; please contact the Company Secretary, Huddersfield
Royal Infirmary, Lindley, Huddersfield HD3 3EA.  [1][email address]

                             

If you remain dissatisfied with the handling of your request or complaint,
you have a right to appeal to the Information Commissioner at:

 

The Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire, SK9 5AF

Telephone: 0303 123 1113  

Website: [2]www.ico.gov.uk

                      

FOI Office

Calderdale and Huddersfield NHS Foundation Trust

E:[email address]

 

CHFT RESPONSE

 

1. Whether agency doctors are still being, (a) mandated to or, (b)
requested to work through the Brooksons/+us shell arrangement?

The Trust will continue to work with individual agencies and doctors to
arrange the most suitable contract arrangements for individual
circumstances.

 

2.  Whether the trust intends to seek compensation for breach of contract
by Brooksons/+us and /or rely on any indemnity provided by Brooksons/+us
should HMRC seek to recover backdated taxes?

The Trust awaits final clarification from HMRC regarding any retrospective
VAT issues.

 

3.  Whether nationally procured contracts endorsed by NHS Improvement and
HM Treasury will now be used by locum services from one or more agencies
or a neutral vendor?

The Trust will continue to review all options for securing locum services
to maintain safe services for patients and to secure the best value for
money whilst complying with applicable legislation.

 

4.  Whether the trust will use a newly modified service with the same
provider to try to continue to avoid or mitigate VAT?

The Trust is currently assessing its agency supply options by undertaking
robust due-diligence and taking the right professional advice to maintain
safe services for patients and to secure the best value for money.

 

5. Whether the trust considers the contract with this provider is void on
the basis that the contract specification can no longer be met and any
changes proposed to the supply model would be so material as to render it
void?

The Trust will review the current contract and take the right professional
advice.

 

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We don't know whether the most recent response to this request contains information or not – if you are Roy Millar please sign in and let everyone know.