Legislation
Primary Legislation and Policy Guidance
The Health and Social Care Act of 2001, Section 11, created a duty on NHS bodies, (Health Authorities, PCTs and NHS Trusts) of public involvement and consultation on the planning and provision of services, the development and consideration of proposals for changes in the way services are provided and decisions made by NHS bodies affecting the operation of those services.
This is a new statutory duty, which means consulting and involving:
- Not just when a major change is proposed, but in ongoing service planning
- Not just in the consideration of a proposal, but in the development of that proposal; and
- In decisions about general service delivery, not just major changes.
Policy Guidance was issued in February 2003 in Strengthening Accountability – Involving Patients and the Public.
National Health Service Reform and Health Care Professions Act
The Commission for Patient and Public Involvement in Health (CPPIH) was established on 1 January 2003 as a body corporate by authority of the NHS Reform and Health Care Professions Act 2002 sections 15-20.
The Act established the Commission as an independent body to promote and support greater and more effective involvement of patients and the public in England in matters affecting their health. The Commission has the status of an Executive Non-Departmental Public Body established by statute. It is financed by Grant-in-aid through the Department of Health.
The Secretary of State for Health is answerable to Parliament for the Commission and is responsible for making financial provision to meet its needs.
The Act provides that the Commission shall have a Chair appointed by the Secretary of State for Health and up to ten other Members. The Act also established Patient and Public Involvement (PPI) Forums for each NHS Trust and each Primary Care Trust in England.
» The National Health Service Reform and Health Care Professions Act
The Department of Health outlined NHS Bodies responsibilities towards Patients Forums in a letter to NHS organisations dated 4th December 2003.
The follow Statutory Instruments also apply:
The Genesis of the Current System of Patient and Public Involvement
The PPI system was first set out in Chapter 10 “Changes for Patients” of the NHS Plan (2000). The Plan called for PPI Forums and Citizens Panels on every area as a mechanism for citizen empowerment and encouragement for the involvement of citizens in redesigning the health service from the patient’s point of view. In Shifting the Balance of Power within the NHS –Securing Delivery these ideas are elaborated upon.
The new system replaced Community Health Councils (CHCs), which had been in existence since 1974.
Initial measures in the Health and Social Care Bill to abolish CHCs and create PPI Forums were postponed after opposition in the House of Lords because of the June 2001 general election.
The Bill was debated on 10 January 2001 (Second Reading, House of Commons); 30th January 2001 (Committee Stage) 14 February 2001 Report Stage, 10th March 2001 (Consideration of Lords Amendments). 26th February 2001 (Second Reading, House of Lords);19th March 2001 (Committee Stage); 24th April 2001 (Report Stage); 10 May 2001 (Consideration of Commons Amendment).
The NHS Reform and Health Care Professions Bill was debated on: 20th November 2001 (Second Reading, Commons) 4th and 6th December 2001 (Committee Stage); 15th January 2002 (Report Stage); 22 May 2 (Consideration of Lords Amendments); 31st January 2002 (Lords Second Reading) 11th April (Committee Stage); 30th April (report); 16th May (Third Reading); 13th June (Consideration of Commons Amendments).
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