SUSSEX’S privatised ambulance service has been plunged into fresh controversy after it emerged that one company may not even have a licence to operate.

The body responsible for regulating England’s health and social care services cannot confirm whether Docklands Medical Services Ltd (DMS) are in breach of the law, The Argus can exclusively reveal.

Caroline Lucas MP said the revelation was shocking and called for the NHS to step in to check credentials themselves but NHS commissioners insisted it was the responsibility of contract-holder Coperforma.

DMS were one of the private ambulance firms which were subcontracted by Coperforma to carry out patient journeys for non emergency appointments.

A month-long investigation by The Argus has discovered that the Care Quality Commission (CQC) does not know whether DMS broke the Health and Social Care Act when it transported patients in its 30 ambulances during July, August and September.

A previous firm, Docklands Medical Services (London) Ltd, went bust in June owing more than £100,000.

Its owner Chris Arnall continued to trade using the same staff and vehicles under new corporate entity Docklands Medical Services Ltd which was founded in April. But The Argus discovered that firm has never been registered with the CQC.

Mr Arnall said the CQC registration was being transferred from one firm to the other as part of “standard practice” but initially the CQC told the Argus it had no valid application for the new firm. Then yesterday the CQC admitted it does not know whether Mr Arnall and other DMS staff have broken the law - which carries a maximum penalty of a year in prison.

A CQC spokesman said: “That would be a question for us to look into as depending on the structure of the provider this could be the case but until we investigate we can’t comment on this.“Whether we take any action under the HSCA 2008 will depend on the local inspectors meeting to consider any evidence we hold in the light of any legal advice, and whether it would serve the public interest to prosecute.”

Caroline Lucas MP called it shocking the CQC could not answer the question and called for Health Secretary Jeremy Hunt to step in personally.

Hove MP Peter Kyle said: “No one can preside over this mess and seriously expect to remain in post.

“Coperforma has ruined the reputation of the Sussex service so I’ve written to Jeremy Hunt and asked for him to personally intervene and salvage the service.”

A Coperforma spokesman said the firm had been assured by the CQC that a new registration process for DMS was underway.

A spokesman for the CCG said: “ “It is the role of Coperforma to ensure that their subcontractors have the required registration with the CQC.”

DOES ANYONE HAVE A CLUE WHAT’S GOING ON?

FOR three months this summer, a fleet of 30 ambulances from Docklands Medical Service (DMS) was criss-crossing the county taking patients to and from their hospital appointments.

Were they licensed to do so? Nobody knows.

Under the terms of the Health and Social Care Act 2008, patient transport providers must be registered with the independent regulator, the Care Quality Commission (CQC), or face penalties as severe as a year in prison.

Will anyone at DMS be prosecuted? Nobody knows. Docklands Medical Services Ltd is owned and run by the same man – Chris Arnall – who ran Docklands Medical Services (London) Ltd which went bust in June owing £110,000 to the taxman, suppliers and staff.

He believes his new company has ticked all the boxes. He said in early October: “The registration was transferred across from the London company and because there hasn’t been a change of management we’re allowed to continue to run. It’s standard practice.”

But is it? On October 7 the CQC explained that registration depends on the CQC being satisfied the service being provided meets quality standards and the health, safety and welfare of people involved will be secure.

A CQC spokesman said: “We haven’t registered DMS Ltd because we currently don’t have a valid application.

“If DMS Ltd have been providing patient transport services in Sussex we need to ask them what the hell is going on.”

After two weeks of repeated questioning, the CQC has now admitted it does not know if DMS was operating without a licence.

A spokesman said: “That would be a question for us to look into as, depending on the structure of the provider, this could be the case but until we investigate we can’t comment on this.” Whether we take any action under the HSCA 2008 will depend on the local inspectors meeting to consider any evidence we hold in the light of any legal advice, and whether it would serve the public interest to prosecute So the body in charge of making sure these providers are safe didn’t know then and does not know now.

What about Coperforma?

As the contract holder it is responsible for checking the credentials of subcontractors.

A Coperforma spokesman said the company had been told by the CQC that a registration process for DMS was under way.

But on hearing these latest developments a Coperforma spokesman said yesterday: “If the CQC don’t know, how is anyone else supposed to know?”

But should the contract holder have waited until the CQC was sure before entrusting patients to an unregistered provider?

Meanwhile NHS commissioners have washed their hands of responsibility.

A spokesman for the lead clinical commissioning group said yesterday that Coperforma must ensure subcontractors have the required registration with the CQC.

So we still do not know whether this company – which spent July, August and September transporting some of the county’s most vulnerable people to and from medical appointments for chronic illnesses – had any right to be doing so. All we know is that trying to get to the truth about the state of patient transport in Sussex is harder – and the truth murkier – than ever.