The Office of Fair Trading (OFT) is to investigate a complaint against the department of health lodged by the Federation of Independent Nursing Agencies (FINA). FINA claim the regional framework agreements planned in association with the NHS Professionals scheme contravene EU competition law.

The government launched NHS Professionals in November 2000 to bring temporary staffing back within the NHS’ own resources. The programme restricts agencies from dealing directly with NHS trusts. By April 2003 all staff groups in the NHS are due to be included in the scheme.

Only those agencies that meet the criteria of the agreements will be allowed to bid for the contracts. ‘The EU takes a dim view of framework agreements that are not attached to contracts but act as a barrier to competition,’ FINA director of communications Charles Walker said.

Such measures may be ‘legally unsound’ and ‘discriminate against smaller agencies’, claimed Walker.

Alyson Gerner, purchasing executive at NHS purchasing and supply, defended the agreements: ‘There is no greater threat to a smaller agency than there is to a larger agency. We are not trying to make the contract so onerous that it’s unworkable.’

A preliminary response is expected from the OFT by February. FINA has also written to minister for competition Melanie Johnson MP and Dr Liam Fox MP, calling for their support.