Under plans unveiled this week by Health Secretary Wes Streeting, NHS managers who attempt to silence whistleblowers or put patients at risk through wrongdoing may be prohibited from remaining employed by the NHS. Tuesday 26th November saw the launch of a public consultation in which to seek views on proposed regulation of NHS management to ensure that they are held accountable and that professional standards are maintained.
Additionally, the Department of Health and Social Care will consult on whether to hold managers accountable for addressing patient safety issues and to impose a new professional obligation on them. The government is making these adjustments as part of its efforts to revive the NHS. They are intended to address a cover-up culture that has been implicated in several recent patient safety incidents.
The revolving door permitting people with a history of wrongdoing to remain employed within the health sector will be prevented by the proposed regulation. It would fulfil the government's pledge to regulate NHS administrators and establish professional standards.
The NHS employs tens of thousands of clinical and non-clinical managers, but unlike physicians and nurses, they do not yet have a uniform regulatory framework.
A voluntary accreditation register, barring mechanisms and statutory registration are among the options.
Feedback is being sought from patients, healthcare workers, and professional organizations on the potential implementation of a statutory duty of candour. This duty would hold NHS managers legally responsible for addressing patient safety concerns. At the very least, the new regulatory system will apply to all board-level directors in NHS organizations in England, as well as board-level directors of arm's length bodies and members of integrated care boards.
Responses will be reviewed at the end of the twelve-week consultation. The establishment of a new College of Executive and Clinical Leadership aims to retain top talent in NHS leadership roles. This initiative will pair regulation with support and development, providing managers with the necessary tools and training to meet established standards.
NHS England is working on a code of practice, along with standards and competencies for leaders and managers at all levels within the health service. Additionally, a national training curriculum will be created.
The Department of Health and Social Care are due to release a report, summarizing the findings from a call for evidence on the duty of candour, which began in December 2023.
If you have any questions regarding the contents of this legal article, please get in touch with Steve Oliver or another one of our Clinical Negligence solicitors.
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The content of this page is a summary of the law in force at the date of publication and is not exhaustive, nor does it contain definitive advice. Specialist legal advice should be sought in relation to any queries that may arise.
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