Request

I am writing to confirm that I have now completed my search for the information which you requested on 27 September 2021, as outlined below:

Following the Covid pandemic and the ensuing unprecedented disruptions caused, where contracts allow, GDPs could invoke the Force Majeure clause.

I would like to be provided with the information as to how many claims for Force Majeure have been upheld throughout NHS Dentistry in England and Wales.

This figure should be readily available as contracts have been being reviewed since the end of March 2021.

I look forward to hearing from you within 14 days.

On 15 November 20201, you clarified the following:

I would like the number of Force Majeure requests upheld between the dates 1 January 2021 and 31 March 2021 if that is possible. Many dental contracts state that a FM claim can be justified in the circumstances of a pandemic.

As a pandemic had been declared, there should be no reason why any claim for FM should be rejected.

I look forward to your response as soon as convenient.

Response

A copy of the information is attached.

Please note that we only hold data on the number of force majeures accepted on contracts commissioned in England - Welsh Government would need to be contacted for Wales figures

The below figures only relate to force majeure claims from contracts where NHSBSA Provider Assurance carried out the year-end reconciliation on behalf of regional teams Category 1 and 2 contracts). Force majeure data for contracts reconciled by regional teams (category 3 contracts) would be held regionally

Category 1 – details recorded in Compass are up to date and accurate and the year-end reconciliation can be completed based on these. Within NHSBSA Provider Assurance Dental (NHSBSA PAD) responsibility to reconcile.

Category 2 - require additional information to complete the year-end reconciliation. Within NHSBSA Provider Assurance Dental responsibility to reconcile.

Category 3 - will normally be those paid by NHSBSA Dental Services via Compass that are not GDS and PDS (for example, but not limited to, PDS+, Community Dental Service, Emergency Dental Service) and/or Year End activities are not stipulated under the regulation or the standard contract. These contracts remain with the Regional Dental Commissioning Teams

Category 4 – these contracts are participating in the Dental Contract Reform programme. They are highlighted for information purposes only as NHSBSA PAD do not manage the reconciliation of these contracts, this is carried out by the NHSBSA Dental Contract Reform Team

If you have any queries regarding the data provided, or if you plan on publishing, the data please contact nhsbsa.foirequests@nhs.net ensuring you quote the above reference. This is important to ensure that the figures are not misunderstood or misrepresented.

If you plan on producing a press or broadcast story based upon the data please contact nhsbsa.communicationsteam@nhs.net. This is important to ensure that the figures are not misunderstood or misrepresented.

The information supplied to you continues to be protected by the Copyright, Designs and Patents Act 1988 and is subject to NHSBSA copyright. This information is licenced under the terms of the Open Government Licence detailed at: http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/

Should you wish to re-use the information you must include the following statement: “Dental Services, NHSBSA Copyright 2021” This information is licenced under the terms of the Open Government Licence:

http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/

Failure to do so is a breach of the terms of the licence.

Information you receive which is not subject to NHSBSA Copyright continues to be protected by the copyright of the person, or organisation, from which the information originated. Please obtain their permission before reproducing any third party (non NHSBSA Copyright) information.