What legal recourse do the public hav... - NHS England: A Ca...
NHS England: A Call to Action
What legal recourse do the public have if the NHS Constitution is not being upheld, or if government decide to change it?
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The Constitution says, "Respect,dignity, compassion and care should be at the core of how patients and
staff are treated not only because that is the right thing to do but because patient safety, experience
and outcomes are all improved when staff are valued, empowered and supported."
How do NHS leaders ensure that private providers support their staff properly?
Totally agree. What we learn from the Winterbourne View/other care homes scandals (plus subsequent CCQ fall from grace) is how tough it is to enforce humanity and care on private providers when regulators lack teeth, spine, heart and brain.
Hopefully Mike Richards - who is a bit of a national treasure and has been sent into the CQC will sort things out. Interesting interview here cqc.org.uk/public/news/inte...
The answers to your questions can be found in the Constitution's explanatory notes, in the Handbook on the following link (see pp. 3-6):
nhs.uk/choiceintheNHS/Right...
But to answer your question here - the important differentiation to make in the NHS Constitution is what is listed as a 'right' because these are legal entitlements protected by law. So if you were to complain about NHS care that you received which went against your rights in the Constitution, you would have a legal backing to do so. In addition, NHS providers legally have to 'have regard' to the NHS Constitution in their decisions and actions.
As for changing the NHS Constitution, if the government wished to do so it would have to engage in a full and transparent debate with the public, patients and staff first. The Handbook to the NHS Constitution does not require the same degree of scrutiny, and should you have any feedback or comment for consideration at the next publication please email:
NHSconstitution@dh.gsi.gov.uk
Hope that helps!
NHS Constitution Team
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