DEPARTMENT OF HEALTH
News Release (2008/0072) issued by The Government News Network on 30
June 2008
A draft
Constitution that enshrines the principles and values of the NHS
for the future was published today for consultation by the
Secretary of State for Health, Alan Johnson.
The first of its kind in the world, the Constitution follows
extensive discussions with staff, patients and the public over the
last year. It reaffirms the rights to NHS services, free of charge
without discrimination of any kind. For the first time, it will
bring together in one place and clarify for staff and patients
their rights and responsibilities to ensure the NHS operates
fairly and effectively.
The Constitution also recognises that the NHS is too important to
be left to chance. The Government will be obliged by law to renew
the NHS constitution every ten years so that any changes are the
result of a full and transparent debate and cannot be changed by
stealth. We will place a new legal duty on all NHS organisations
to take account of the Constitution in decisions that are made.
Alan Johnson said:
"This is a momentous point in the history of the NHS. As we
approach the 60th anniversary of our health service, it is
striking how its founding principles still endure and have
resonance for staff, patients and public alike.
"The content of the Constitution was not dreamt up by me or
civil servants in Whitehall. It is something that has arisen out
of discussions with thousands of NHS staff and patients across the country.
"What we have come up with is not set in stone but is a good
basis for further consultation. I think it strikes the right
balance between the need for clarity and avoiding undue
litigation, between the need to state what is enduring while
ensuring the NHS has the flexibility to change and keep pace with
rising expectations and medical advances.
"As the draft Constitution states at the outset, the NHS
belongs to the people. I would therefore urge everyone with an
interest in preserving what's best about the NHS, as well as
ensuring that it is fit for the future, to participate in the
consultation and tell us what they think."
For patients, the Constitution collects together important rights
around access to drugs and treatments, health services,
information, quality of care and environment, dignity &
respect and complaint and redress. These include:
- The right to drugs and treatments approved by NICE for use in
the NHS if clinically appropriate. Patients will also have a right
to expect local decisions on funding of other drugs, where NICE
has yet to issue guidance or where NICE will not be appraising a
drug, to be made rationally following proper consideration of the
evidence. If the local NHS decides not to fund a drug that a
patient and their doctor feel would be right for them, the PCT
will have to explain that decision to them. We will also work with
NICE to speed up the process for appraising new drugs so that NICE
can issue the majority of its appraisal guidance within a few
months of a new drug's launch;
- The right to make defined choices about your NHS care with
clear options. This is a new legal right which will give patients
the right to make choices about their healthcare based on
information made easily accessible by the NHS so those choices are
real and informed. This includes the right to choose your GP
practice and express a preference for consulting a particular
doctor. Enshrining the right in the Constitution will make sure
that choice endures and becomes a core feature of a responsive NHS
in the 21st Century;
- The right to be treated with dignity and respect and given a
professional standard of care, by appropriately qualified and
experienced staff in a clean and safe environment;
- The right to complaint and redress. The constitution sets out a
number of rights and pledges to ensure patients and the public are
able to make complaints and get access to swift redress if they
are unhappy with their healthcare. We do not want to create a
litigious culture with the development of an NHS Constitution, but
we do want to ensure that it has enough teeth to make a difference.
At the same time, it is important that patients play their part
too and recognise they have responsibilities to help the NHS work
effectively. Although patients will still be treated based on
clinical need, there will be an onus on them to contribute to
their own good health and take some personal responsibility.
Patients will also be expected to register with a GP and keep
appointments, or cancel within a reasonable time.
For staff, the draft constitution recognises that it is their
commitment, loyalty, professionalism and dedication that really
makes a difference to patients' quality of care and
experience. A series of pledges are outlined which the NHS will
strive to deliver to ensure that staff are provided with rewarding
jobs and with the training and support they need to do their jobs
as well as they can.
The Constitution also reaffirms the enduring values of the NHS,
based on discussions with staff, patients and the public. They
include values such as respect and dignity, compassion, commitment
to quality of care and putting patients first in everything the
NHS does.
David Nicholson, NHS Chief Executive, said:
"Ara Darzi asked me in his interim report to lead a work
programme exploring the merits of a Constitution for the NHS. This
has been a fantastic opportunity to listen to what matters most to
our patients, public and staff and to use this to clearly set out
the values and purpose of the NHS system. It also pulls together
in one place what the patients who use the NHS, the public who
fund it and the staff who provide it can expect to receive from
the NHS, and the contribution they can make themselves. The draft
Constitution will be a powerful driver of change in the system and
will help us to deliver care fit for the 21st century."
Steve Field, President of the Royal College of GPs, said:
"I became a GP because I wanted to help people improve their
lives through better healthcare, whoever and wherever they are.
The new NHS Constitution embodies the strong feelings and values I
had then - and that I still have today. It strengthens the
foundations on which the NHS is built and strongly articulates
what the NHS stands for in the 21st century.
"The Royal College of GPs is at the forefront of
patient-centred care based on a partnership between patients and
clinicians. The Constitution sets out patients' rights and
responsibilities in a clear way for the first time and it is very
welcome. It is something to which all GPs, their practice teams
and NHS staff can commit and have confidence in to improve
standards and care for all our patients. I am privileged to have
been involved in its development."
Sally Brearley, of the Patients Association, said:
"It will be important what patients and public have to say
during the consultation and I hope that as many people as possible
participate in it and share their views on what should be
included. I think this will be a valuable and powerful document
in the hands of patients to help them get the best quality care."
Notes to editors
1. The draft NHS Constitution is a short declaratory document.
All the rights and pledges are underpinned by existing law or
policy, except the new right to choice. A 14 week consultation on
the draft Constitution, starts today and a final version will be
published by the end of the year.
2. The legislation to put a requirement on the Secretary of
State for Health to renew the Constitution every ten years and for
NHS organisations to take account of it will be introduced in the
next session as part of the new NHS Reform Bill.
3. The draft Constitution and consultation, booklets for staff
and patients and the Constitution handbook can be found at http://www.dh.gov.uk/consultations
Copies can be read at 3:30pm.
[ENDS]