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NHS Act 2006 - Section 242
The recently passed Local Government and Public Involvement in Health Act makes a number of changes to the way the NHS is expected to involve and consult communities in the planning and development of services. This document provides an update on one of these changes - section 242.
What is section 242?
The NHS Act 2006 consolidates much of the current legislation concerning the health service. It came into force on 1 March 2006. Section 11 of the Health and Social Care Act 2001 is now Section 242 of the consolidated NHS Act 2006. Section 242 applies in England to:
Why the Local Government and Public Involvement in Health Act is important
These NHS organisations are required to make arrangements to involve and consult patients and the public in:
- planning of the provision of services;
- the development and consideration of proposals for changes in the way those services are provided, and
- decisions to be made by the NHS organisation affecting the operation of services.
The Local Government and Public Involvement in Health Act makes provision to enhance and clarify Section 242 and places new duty on SHAs and PCTs to report on consultation.
The Act received Royal Ascent on 30th October 2007 and the changes to Section 242 and the new duty came into force on 1st April 2008.
Why did Section 242 need to be enhanced?
Section 242 has been the subject of some criticism. In para. 10.2 of the Expert Panel Report, the Panel acknowledged that, "There is a near universal call in the evidence we have examined, for Section 11 of the Health and Social Care Act 2001 to be enhanced…"
In para. 10.3, the Panel went on to state that Section 11 should be, "… strengthened and its scope extended. The new section should require every body that is responsible for delivering health and social care services (commissioners and providers) to involve, consult and respond to users and the public in:
- the assessment of needs and preferences of the user population;
- setting local priorities and deciding what services are commissioned;
- the decision-making process of commissioners;
- the reconfiguration of services
and significant structural change; and
- the ongoing quality improvement process as a result of feedback."
What is different?
Section 242 now states, "Each relevant English body must make arrangements, as respects health services for which it is responsible, which secure that users of those services are, whether directly or through representatives, involved (whether by being consulted or provided with information, or in other ways) in - the planning of the provision of those services the development and consideration of proposals for changes in the way those services are provided, and decisions to be made by that body affecting the operation of those services."
The duty applies if implementation of the proposal, or a decision, if made, would have an impact on:
- a) the manner in which the services are delivered to users of those services, or
- b) the range of health services available to those users.
To download the Briefing on Section 242 of the NHS Act 2006 click here.
To download the Strengthening Accountability: Involving Patients and the Public - Policy Guidance document click here.
To download the Strengthening Accountability: Involving Patients and the Public: Practice Guidance document click here.
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