Medical test maker hits back at ‘inaccuracies’ in judicial review proceedings

Bioscience business Abingdon Health, which has developed a rapid test to detect COVID-19, has hit out against what it describes as “factual inaccuracies” in judicial review proceedings issued over contracts awarded to it by the Government.

The proceedings were issued by the not-for-profit campaign organisation Good Law Project (GLP), which warns the contracts were awarded without competition, on the basis of profoundly flawed research.

GLP states: “Our case rests on the following grounds: 1. Government’s apparent failure to conduct any lawful or sufficient inquiry or evaluation of the accuracy of the rapid antibody tests.

“2. The award of these contracts seemingly without any advertisement or competition between bidders.”

Abingdon Health, which is part of the UK Rapid test Consortium to develop the AbC-19 rapid test for COVID-19, has today said it fully supports both openness and accountability relating to the award of public contracts.

And the company – which employs over 130 people across facilities in York and Doncaster – points out the Government has so far refused to pay it for the goods and services provided under the contract.

The business says it has outstanding invoices with the Department of Health and Social Care totalling £6.7m (including VAT), including £5.15m (including VAT) for one million AbC-19™ rapid tests which were delivered in early January 2021.

Chris Yates

Chris Yates, chief executive officer of Abingdon Health, said: “We have sought to answer the Government’s call for leading companies in the Lifesciences sector to respond quickly with solutions to mitigate the impact of the pandemic.

“Given our AbC-19™ rapid test could be a key tool in maintaining public safety, confidence in vaccines and supporting effective vaccine booster campaigns, it is very disappointing that we have been caught in the cross-fire of a battle over transparency and accountability, which has meant this British developed and British made rapid diagnostic has not been substantially deployed here in the UK.”

GLP states that the Government initially awarded a contract worth £10m to Abingdon Health for the materials needed to produce the test. It subsequently awarded Abingdon Health another contract worth £75m.

GLP adds: “Despite these huge sums of money, Government seems to have ignored widely held concerns that tests were not fit for purpose.

“So a £75m contract was awarded without competition, on the basis of profoundly flawed research. And when confronted with evidence of these flaws Government tried to suppress publication of that evidence.”

Abingdon Health has today responded that GLP should acknowledge there has been no wrongdoing by the business, and to “refrain from making unsubstantiated assertions that are damaging to the company’s employees, shareholders and other stakeholders.”

It notes that GLP has asserted that the Government admitted in sworn evidence that some of Health Minister Lord Bethell’s dealing with Abingdon Health were conducted using his private mobile phone, potentially using WhatsApp and text messages that are no longer available for scrutiny following the replacement of the phone.

Abingdon’s response states: “This assertion is not correct, and the company can confirm that no member of the senior management has sent or received texts or WhatsApp messages with Lord Bethell or any other Government ministers.

“The mobile phones of the senior management team at Abingdon Health have not been replaced or lost and the senior management team are happy to confirm in sworn evidence that no such text or WhatsApp messages were sent or received.”

TheBusinessDesk.com has contacted the Government’s Department of Health and Social Care for comment.

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