Do you have information to show in what way Foundation Trusts should comply with the below guidance in light of the fact that an FT has stated in an FOI that the guidance is only good practice and not mandatory.
COMMERCIAL SPONSORSHIP - ETHICAL STANDARDS FOR THE NHS, Nov 2000, paragraph 19
§ ensure all sponsorship deals are documented through use of a register or simple ledger, held by the employer e.g. the Health Authority, NHS Trust or Primary Care Trust, which can be audited as appropriate. In order to demonstrate
openness, it is essential that the Register should be available on request to the public and be made available at all HA board meetings;
Staff not covered by existing codes of conduct are directed to follow the code detailed in this circular.
Sandwell Mental Health and Social Care NHS Foundation Trust FOI Reply
(3) The guidance referred to represents as we understand is
good practice, and is not mandatory.
Dear Mr Hallright,
Thank you for your query.
In your email, you asked whether NHS foundation trusts should comply with paragraph 19 of the 'Commercial Sponsorship - Ethical Standards for the NHS' (November 2000) guidance published by the Department of Health (the "Guidance").
I propose to handle your request as a straightforward query, rather than as a request for information under the Freedom of Information Act 2000. I trust that this approach will provide you with a fuller and more direct answer to your question.
NHS foundation trusts are not directed by Government, so have greater freedom to decide how to manage their affairs and operate their services. They are accountable to their local communities through their members and governors, their commissioners through their contracts, Parliament and to Monitor as their regulator.
NHS foundation trusts are required to comply with guidance issued by Monitor. The Department of Health has no power to direct NHS foundation trusts to follow its guidance. Since the Guidance is published by the Department of Health rather than by Monitor, NHS foundation trusts are not required to comply with the document.
You can find further information about Monitor's guidance using the following link to Monitor's website:
John Vallance | Legal Adviser
Monitor Independent Regulator of NHS Foundation Trusts
Direct Line 020 7340 2499 | www.monitor-nhsft.gov.uk
4 Matthew Parker Street, London, SW1H 9NL
Dear John Vallance,
thank you for your detailed reply and I appreciate that you have taken the question as a query.
I note the requirement in the NHS Foundation Trust Accounting Officer Memorandum 2008 to
"ensure that the resources for which you are responsible as Accounting Officer are properly and well managed and safeguarded"
and the provisions within the FTs Standing Financial Instructions dealing with acceptance of gifts and hospitality.
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