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The NHS Constitution: securing the NHS today for generations to come
The NHS Constitution was published on 21 January 2009. It was one of a number of recommendations in Lord Darzi’s report ‘High Quality Care for All’ which was published on the 60th anniversary of the NHS and set out a ten-year plan to provide the highest quality of care and service for patients in England.
The NHS belongs to us all. The NHS Constitution brings together in one place for the first time in the history of the NHS, what staff, patients and public can expect from the NHS.
As well as capturing the purpose, principles and values of the NHS, the Constitution brings together a number of rights, pledges and responsibilities for staff and patients alike. These rights and responsibilities are the result of extensive discussions and consultations with staff, patients and public and it reflects what matters to them.
NHS Constitution: a consultation on new patient rights
Published: 10 November 2009
Closing date: 5 February 2010
This consultation document seeks views on the Government’s proposals for creating new patient rights and including those rights within the NHS Constitution.
The NHS Constitution for England
From 19 January 2010, following the successful passage of the Health Act through Parliament, all providers and commissioners of NHS care are under a new legal obligation to have regard to the NHS Constitution in all their decisions and actions.
This means that the Constitution, its pledges, principles, values and responsibilities need to be fully embedded and ingrained into everything the NHS does. This duty also covers Monitor and the new Care Quality Commission.
The Government will have a legal duty to renew the Constitution every 10 years. No Government will be able to change the Constitution, without the full involvement of staff, patients and the public.
The State of Readiness Group (SoRG), convened at the request of the NHS Management Board, has produced a full report designed to help NHS organisations to understand their role in realising the potential of the NHS Constitution. SHAs, PCTs and trusts will need to ensure they are acting on the SoRG’s recommendations.
Additional tools and information for NHS Staff
A toolkit of information and guidance resources has been co-produced with a reference group of NHS communicators to help all staff delivering NHS services to engage with the NHS Constitution. We hope these tools will enable staff to understand the value of it, both for themselves and for their patients.
Statutory duty to have regard to the Constitution
The core purpose and values of the NHS will be reinforced by placing a duty on providers and commissioners of NHS services to have regard to the new NHS Constitution. This legal duty is contained within the Health Bill, which was introduced into Parliament on 15 January 2009. The Health Bill also sets out the procedure for reviewing and amending the NHS Constitution and handbook.
The handbook to the NHS Constitution
The handbook to the NHS Constitution gives NHS staff and patients provides all the information about the NHS Constitution in one place. It acts as a guide to:
- patients’ rights and pledges
- responsibilities of patients and the public and staff
- staff rights and NHS pledges to its staff.
At the back of the handbook is an appendix, which outlines the legal source for both the patient and staff rights in the NHS Constitution.
The statement of NHS accountability
The Constitution commits the Government to providing a statement of NHS accountability. This document provides a summary of the structure and functions of the NHS.
Government response to the consultation on the NHS Constitution
The Department of Health published a draft NHS Constitution on 30 June 2008. The consultation on the draft NHS Constitution ran from 30 June 2008 until 17 October 2008.
The Constitutional Advisory Forum (CAF), a group of leading figures from within the NHS and from other bodies, was asked by the Secretary of State to support the consultation process for the NHS Constitution and reported on the main themes emerging from it on 11 December 2008.
Impact assessment
Related documents
Information on the right to choice and information, on the funding of drugs and treatments and on the right to vaccination.
Additional links
NHS Constitution for England
From 19 January 2010, following the successful passage of the Health Act through Parliament, all providers and commissioners of NHS care are under a new legal obligation to have regard to the NHS Constitution in all their decisions and actions.
State of Readiness Group report
The State of Readiness Group (SoRG), convened at the request of the NHS Management Board, has produced a full report designed to help NHS organisations to understand their role in realising the potential of the NHS Constitution. SHAs, PCTs and trusts will need to ensure they are acting on the SoRG’s recommendations.
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