Breach Notices and Remedial Action

When a practice fails to meet its contractual obligations, commissioners can take escalating actions. Understanding the distinction between notice types is critical for compliance.

Notice Type	When Used	Typical Timeframe	Consequences of Non-Compliance
Remedial Notice	Breach is capable of being fixed (e.g., missing policy documents, inadequate infection control)	Not less than 28 days	Further remedial notices; eventual termination if improvements not made
Breach Notice	Breach is not capable of remedy (e.g., no clinician available on a specific day)	Immediate	Instructs contractor not to repeat breach; repeated breaches may lead to termination

Key Requirements for Commissioners:

• Notices must specify the breach details and required remedial steps
• A minimum of 28 days is generally allowed unless patient safety is at risk
• Actions must be “proportionate, reasonable, and evidence based”

Contract Sanctions

Before terminating a contract, commissioners may impose sanctions including:

• Termination of specified reciprocal obligations
• Suspension of obligations for up to six months
• Withholding or deducting monies otherwise payable

Contract sanctions cannot affect the delivery of or payment for essential services