NHS enforcement guidance consultation

Overview

NHS England has updated its Enforcement guidance to reflect the Health and Care Act, 2022 and current practice. The revised guidance sets out NHS England’s approach to enforcement of integrated care boards and providers.

The revised guidance applies to all integrated care boards and licensed providers in England where NHS England has determined that formal regulatory action is required, and explains the regulatory and statutory processes in the event of enforcement action as well as subsequent rights of appeal, where applicable. This includes:

1. when NHS England may decide to take action, and what action it can take,
2. how NHS England is likely to decide what kind of actions to take using its powers under the Act.

NHS England has a statutory duty to consult on the proposed changes to the Enforcement guidance. Following the consultation, the final version of the revised guidance will be issued during 2023/24.

Please find the full consultation document and the draft Enforcement guidance below:

• Full consultation document
• Draft enforcement guidance

This should be viewed alongside the consultation on the updated Provider Licence.