Collaboration to innovate: Navigating NHS partnership working by Mills & Reeve
If there’s one thing that this year’s techUK Health and Social Care Summit made clear, it’s that the future of NHS digital and technology innovation will be built on collaboration. Whether you’re a techUK SME, a large tech provider or an NHS digital transformation leader, working together is no longer just a nice-to-have - it’s essential to realising the ambitions of the 10-year plan.
At Mills & Reeve we have seen first-hand the challenges that arise when technology suppliers, both large and small, seek to work with the NHS. While new innovations are abundant, scaling those innovations can be difficult for SMEs.
One effective way to address these challenges is by creating a consortium for partnership working. Drawing on our experience of facilitating collaboration and partnership arrangements - both among suppliers and between the NHS and its suppliers - we have seen the tangible benefits that such an approach can bring. By forming a consortium, organisations can pool their resources and expertise, opening opportunities that might otherwise remain out of reach for many tech suppliers.
Our work has highlighted the importance of drafting agreements that reflect the realities faced by all parties, ensuring that collaboration is not only possible but sustainable. By addressing these contractual and operational challenges head on, we can help unlock the full potential of partnership working in the health and care technology sector.
Collaboration matters
The NHS is facing unprecedented challenges. From a predicted £7bn deficit to the urgent need to transform outpatient care, the pressure is on to do more with less. Sir Jim Mackey’s keynote at the summit was refreshingly frank: if we don’t radically shift the outpatient model in the next three years, the NHS is “done”. The solution? Harnessing technology, but not for technology’s sake. Instead, we need tech that delivers measurable improvements in productivity, patient flow, and outcomes.
But here’s the issue: innovation is thriving in the UK health tech sector, especially among SMEs. Scaling up, however, remains a major hurdle. Procurement processes and regulatory requirements can be challenging, and many SMEs find themselves locked out before they even get a chance to bid. Large suppliers, meanwhile, often struggle to adapt their processes to the realities of working with smaller partners and the NHS itself.
Breaking down barriers
One of the most consistent themes at the summit was the need for open, honest partnerships. As Gayle Curry and Charlotte Lewis highlighted in their panel on SMEs and the NHS 10-year plan, it’s not enough to simply flow down the top contract terms to every partner in a consortium. SMEs and large tech providers have different needs - cash flow, insurance cover, delegated authority, and internal approval processes all play a part. Understanding these differences and finding solutions that work for everyone is key to building successful consortia.
Value-based contracting and proportionality were also hot topics. It’s about drafting agreements that focus on outcomes, not just ticking boxes. This is where a model collaboration agreement comes in - a template Heads of Terms that sets out clear, fair principles for working together. Such a template could help level the playing field, making it easier for SMEs to engage with larger suppliers and the NHS, and ensuring everyone knows what’s expected from the start.
The NHS perspective
Sir Jim Mackey’s address was a masterclass in diagnosing the digital challenges facing the NHS. He’s laser-focused on usability and optimisation, recognising that many electronic patient record systems have hindered productivity. The disruption to reporting after a go-live is, in his words, “unforgivable”. The message to industry is clear: bring solutions that deliver real, measurable change, not just new platforms.
He also called out the fragmented procurement landscape and the legacy of “technology for technology’s sake”. The NHS needs tech that supports neighbourhood and community-based care, empowers staff and patients, and helps reshape workforce training. There’s a huge opportunity for SMEs and large suppliers to work together to deliver these solutions - if they can navigate the contractual and operational hurdles.
A collaborative future
By working together - sharing risks, aligning incentives, and focusing on outcomes - SMEs, large tech providers, and the NHS can co-design the future of health and care technology.
If you’re an SME looking to work with the NHS, or a large supplier keen to build more effective partnerships and are looking for legal support, do contact Gayle Curry, Sophie Burton-Jones or Charlotte Lewis – they’d love to hear from you.
Health and Social Care Summit
Charlotte Lewis
Gayle Curry
