Tag Archives: Consultation

We hear that NHS England faces a tough dialogue with the Treasury post-Budget and will, most likely get the go-ahead for its latest plan – to set up Accountable Care Organisations (ACOs). For some, it is a rational response to the failure of the Lansley structural reorganisation – a logical extension to the 44 STPs created in 2016. For others, it is the clearest yet pointer to a privatised NHS, USA-style. We need not enter the controversy. Ours is a simple question. Where does this leave the statutory obligations to engage, involve and consult patients and public? The term ‘accountable’ should be a promising […]
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Encouraging the maximum level of minimal participation Colin Crouch Post Democracy, 2004  INTRODUCTION  Over the last thirty years free market ideologues have worked behind the scenes to dismantle the NHS (ref 1 ; ref 2). Thanks to their efforts, the NHS in England is now a full blown market, free to flourish unfettered by political interference and public scrutiny. Under the 2012 Health and Social Care Act,  the Secretary of State no longer has the fundamental duty to provide or secure a comprehensive health service. Clinical commissioning groups (CCGs) are responsible for commissioning and (rationing) services instead. And their duty […]
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This is an official Department of Health briefing on the effect of the proposed clause 118 of the Care Bill CLAUSE 118 OF CARE BILL – TRUST SPECIAL ADMINSTRATION Issue This briefing explains why the statutory duties of NHS England and clinical commissioning groups to involve and consult patients and the public in planning and making service change are dis-applied under clause 118 of the Care Bill in relation to recommendations made by a Trust Special Administrator (TSA) appointed to an NHS trust or NHS foundation trust (FT). Background – TSA regime & clause 118 The TSA regime is a […]
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We need a regime for financially failing Trusts – but this is not it. The government used the existing regime in Lewisham and found that the law only applies to the failing Trust, making their unjust and unpopular plans illegal. They now want to change the law to ensure that any future Trust Special Administrator process can deal with the whole health economy as well as the failing Trust. The new plans, slipped into the Care Bill and going through the Commons now, have huge implications for Clinical Commissioning Group freedoms and patient and public participation and involvement. The rules […]
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(Apologies to non anoraks – but this is important!) There has rightly been a lot of excitement about the proposals to extend the powers granted to Trust Special Administrators; powers which could then be used to bring about changes to services (known as reconfiguration) without proper consultation or engagement with those affected. Few appear to be aware that the rights we used to have around reconfiguration went some time ago when the Health & Social Care Act 2012 was passed into Law in April.  As with a lot of the arguments about Health & Social Care Act the complaints at the […]
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There has been a strange two-handed legal dance going on for the last year or so. Ministers, and Monitor officials and pretty much anyone in the DH or NHS England you come across says that there is nothing to fear from the Health and Social Care Act. The Act may say that competition will be a key aspect of the NHS and s75 gives it legal force – but ministers and Monitor continue to say that we are all misguided and paranoid. Just wait for Monitor’s formal guidance and you will see there is nothing to fear. Well, Monitor’s guidance […]
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