Statutory guidance issued to CCGs

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Dear NHS England,

This is a request under the Freedom of Information Act for an NHS England publication, or publications.

I’m hoping you could help me find a publication or publications which NHS England has produced. I have had a look around your new website, but I haven’t been able to find after; I apologise it is there and I just missed it.

‣ Background 1:

It is well known that CCGs (and other commissioners) can commission any service provider that meets NHS standards and costs. These can be NHS hospitals, social enterprises, charities, or private sector providers.

However, they must be assured of the quality of services they commission, taking into account both National Institute for Health and Care Excellence (NICE) guidelines and the Care Quality Commission's (CQC) data about service providers.

I am specifically trying to find the regulation that requires commissioners to take into account the CQC's data and registration status on a provider.

‣ Background 2:

I first tried asking the Department of Health, who informed me that this statutory guidance had been published by NHS England under certain provisions of the Health and Social Care Act 2012, and thus directed me to you.

‣ Background 3:

The Department of Health informed me that Sections 20 and 26 (14Z8) of the Health and Social Care Act 2012 require that the NHS commissioning board (known as NHS England) publish certain guidelines. For example, Section 26 (14Z8) states in part:

“(1)The [NHS Commissioning] Board must publish guidance for clinical commissioning groups on the discharge of their commissioning functions.

“(2)Each clinical commissioning group must have regard to guidance under this section.”

‣ Request:

For any guidance issued to CCGs under Sections 20 and 26 of the Health and Social Care Act 2012, which relates to a duty by CCGs to take into account either:
- Care Quality Commission (CQC) data about service providers, or
- National Institute for Health and Care Excellence (NICE) guidelines
when making commissioning or purchase decisions.

If this is too difficult to find, a copy of any guidance issued to CCGs under Sections 20 and 26 of the Health and Social Care Act 2012, which I can then search through myself, would also be acceptable.

Thank you for your help. Please do feel free to contact me if I can clarify any part of this request.

Yours faithfully,

Alex Brooks

FOI, England (NHS ENGLAND), NHS England

Dear Mr Brooks,

 

Thank you for your communication dated 27 March 2017.

 

NHS England has assessed your communication as a request under the Freedom
of Information (FOI) Act 2000. As such, please be assured that your
request is being dealt with under the terms of the FOI Act and will be
answered within twenty working days.

 

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Please do not reply to this email. This message has been sent from a
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communications are progressed correctly. Their postal address, telephone
number and email details are as follows:- PO Box 16738, Redditch, B97 9PT;
0300 3 11 22 33, [2][NHS England request email].

 

Yours sincerely,

 

Freedom of Information

Corporate Communications Team

Transformation and Corporate Operations Directorate

 

NHS England

PO Box 16738

REDDITCH

B97 9PT

 

Tel: 0300 311 22 33

Email: [3][NHS England request email]

 

‘High quality care for all, now and for future generations’

 

 

 

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FOI, England (NHS ENGLAND), NHS England

Dear Sir or Madam,

 

Re:      Freedom of Information request (Our Ref: FOI-053048)

            Request for clarification

 

Thank you for your Freedom of Information (FOI) request dated 27 March
2017.

 

Your exact request was:-

 

“Request:

 

For any guidance issued to CCGs under Sections 20 and 26 of the Health and
Social Care Act 2012, which relates to a duty by CCGs to take into account
either:

- Care Quality Commission (CQC) data about service providers, or

- National Institute for Health and Care Excellence (NICE) guidelines when
making commissioning or purchase decisions.

 

If this is too difficult to find, a copy of any guidance issued to CCGs
under Sections 20 and 26 of the Health and Social Care Act 2012, which I
can then search through myself, would also be acceptable..”

 

NHS England may hold information relevant to your request.  However, we
are unable to process your request without further clarification.

 

Under section 1(3) of the FOI Act, an authority is not obliged to comply
with an FOI request when it reasonably requires further information in
order to identify and locate the information requested. As a result, we
would be grateful if you would clarify the following:-

 

o NHS England has identified 2475 documents that have been published by
NHS England since 2013 and categorised as ‘CCG Guidance’. Within this
there is a range of document types including formal/ informal guidance
and letters. It is not immediately clear which of this guidance has
been published under sections 20 and 26 of the Health &Social Care
Act. Please therefore identify a specific subject or topic area and a
timeframe in order to enable us to direct our search to an appropriate
area.

 

Please be assured we are keen to assist with your request. However, we
cannot guarantee that any exemptions under the FOI Act will not apply to
any further information requested. Please also be aware that where a
request is subject to clarification. Upon receipt of sufficient
clarification the request will be processed and the 20 working day
timeframe apply.

 

Please send your clarified request to [1][NHS England request email] quoting
your reference number FOI-053048.

 

This message has been sent from a central mailbox. To communicate with NHS
England regarding Freedom of Information (FOI) requests, enquiries or
complaints we ask these are sent directly to NHS England’s customer
contact centre. This is to ensure all communications are progressed
correctly. Their postal address, telephone number and email details are as
follows:- PO Box 16738, Redditch, B97 9PT; 0300 3 11 22 33,
[2][NHS England request email].

   

Yours sincerely,

 

 

Freedom of Information

Corporate Communications Team

Transformation and Corporate Operations Directorate

 

NHS England

PO Box 16738

REDDITCH

B97 9PT

 

Tel: 0300 311 22 33

Email: [3][NHS England request email]

 

 

 

show quoted sections

References

Visible links
1. mailto:[NHS England request email]
2. mailto:[NHS England request email]
3. mailto:[NHS England request email]