In the last edition of the Progress magazine I wrote about the new policy initiative by Andy Burnham to favour one set of service providers over another in the provision of NHS care services. The ones he favours are in-house NHS providers, regardless of what’s best for patients.

Seeking to exclude charities from caring for sick people as part of our country’s welfare provision seems a strange move by a Labour secretary of state, and if implemented would break two manifesto commitments made to the public in 2005.

There are two hurdles that Andy Burnham will have to overcome to make this nightmare a reality though. Before it becomes official government policy the department of health would need to amend the policy and guidance documents that are issued to NHS commissioners. This would need cabinet approval and that’s the first hurdle. We have strong reason to believe that significant cabinet figures are concerned at the anti-competitive nature of this initiative – concerned enough to withhold the necessary sign-off as things stand today.

The second is a complaint that has been brought to the NHS competition and cooperation panel. This is an independent committee set up by the previous secretary of state, Alan Johnson, in order to safeguard NHS patients from anti-competitive practice and commissioning behaviour that is counter to their best interests. ACEVO (on behalf of the voluntary sector) and the NHS partner network have brought a joint complaint to the panel, and we recently heard that they have agreed to investigate our case. While its ruling has no statutory authority if our complaint is upheld it will surely leave this policy dead in the water (or snow?).

Most worrying though is the impact even talk of this policy has had on service provision. Great Yarmouth and Waveney PCT wrote to organisations saying they were now excluded from trying to run a service even though weeks earlier said they were eligible – this is the basis of our complaint to the competition panel.

Another PCT in the north east has also been bold enough to put in writing its intention to implement the secretary of state’s personal preference for one set of providers before it becomes policy. And charities tasked with helping the most vulnerable patients have reported a chilling effect on their relationship with NHS commissioners who are becoming reticent to use their proven and cost-effective services, often citing Andy Burnham’s words on ‘preferred provider.’

As we enter a period of intense political and policy uncertainty, NHS staff desperately need clarity of purpose from those leading the service. The message that Labour is relentlessly focused on the best interests of patients has never been more critical. Choosing a policy that pitches NHS staff interests against those of the patient is not the way Labour will win elections or the affections of service users.