Select Committee on Health Minutes of Evidence


Examination of Witnesses (Questions 60-79)

THURSDAY 6 FEBRUARY 2003

MS JOAN ROGERS, MR NIK PATTEN, MS MOIRA BRITTON, MRS CHRIS WILLIS, MR KEN JARROLD CBE, MR DAVID JACKSON, DR IAN RUTTER OBE AND MR PETER DIXON

  60. That is extra financial help, is it not?
  (Mr Jarrold) Of course it is, but you have to have some element of incentive. What you have to look at in all of these things is the balance between equity and incentives. I think the balance which has been struck between incentives and safeguards is a good balance. If you have no incentive, it is very difficult to improve performance. If on the other hand you have no safeguards, you do have a risk of two-tierism. It is a question of finding the balance between the two.

  61. Do you not think managers have an incentive to improve patient care because they want to improve patient care?
  (Mr Jarrold) Of course they do, but human nature being what it is, surely we have discovered that people need more incentive than simply a commitment to improve things. It has been our experience, has it, not of large services that unless they are provided with incentives, we do not get the standards of improvement they are seeking? It is a very important issue in human behaviour.
  (Dr Rutter) My responsibility is that I do think the three-star system at the present time is fundamentally flawed, it is too blunt an instrument. Even my Autocar rates cars out of ten, ten stars not three stars. The issue is that if you are already a three-star trust you sit back and rest on your laurels. The whole principle should be that we should all be trying to improve performance all of the time. My sense is that if you had a number of two-star trusts here you might get some people who felt quite aggrieved that they really just missed the three-star status and now it has such significance to them that they feel quite aggrieved about it. The point Kevin made about CHI being more involved in this process is perfectly valid and appropriate, but there will be some grievance across the nation and that this is a very blunt instrument.

Andy Burnham

  62. Do you think that sense of grievance is more likely to make them work harder to get three-star status, or do you think it is more likely to make them demoralised?
  (Dr Rutter) It is going to help people to work, but redefining the system a little bit and modifying and improving it, in which CHI will be much more involved, is fundamental. If it were up to me, I would want to increase the number of stars so nobody in the country had three stars, nobody had ten stars. What you would actually be talking about would be a range.

  63. I put to you though that the people, once they have got over their initial sense of anger, irritation, whatever, then work hard to get it next year. I would say that is the experience of star rating so far. Do you not agree with that?
  (Dr Rutter) Yes.
  (Mr Patten) My argument is from the point of view of being a two-star trust at the Middlesborough end of the patch. We missed it very marginally last year; our inpatient data was very, very good but our forms in two areas were slightly off the leading pace which has been set by trusts like Joan's. We were disappointed that we did not get three stars and our incentive is to be a three-star trust and our incentive is to be a foundation trust. Having failed last year marginally, we want to achieve that three-star status.

  64. It has energised you rather than demoralised you.
  (Mr Patten) Yes, that is true.

Sandra Gidley

  65. We are talking about whether the star system is right or wrong, but fundamentally the star system looks at a very narrow range of indicators, which can change according to government whim at the moment. It is not really the incentive you say because the goalposts can change from year to year. Does everybody feel that the star system is the right one? Should it be broader in some way?
  (Ms Rogers) There is just one thing I should like to say about the stars. I am not sitting here smugly because I have gained three stars three years in a row. I do think it can be a disincentive, because it is not all about working harder. Without being loyal because Nik is sitting here as well, it is a fact that a tertiary centre would find it harder to attain three stars. At some point it would not matter how hard they were working, for example if they could not recruit plastic surgeons, which they cannot right now, they are not going to hit that waiting list. That is where it gets demoralising. As a three-star trust myself, the staff are amazingly worked up about the status and I dread the day somebody dies in a mountaineering accident or something similar, as doctors tend to, and the next thing is your service is cut and you have lost your stars. That is the only thing which worries me. It is not only about hard work: some of it is about the inescapable problems the NHS has and that can be very demoralising.

Julia Drown

  66. Even some nursery schools are phasing out the idea of having the star ratings for their pupils because of the effect it has on the ones which are not at the top. It just seems to me very surprising that when we are thinking about developing trusts and giving managers a push, we need to have this ten-star rating so they can all be working on this little chart and whether they can get up the chart. Are you seriously telling me that managers in the health service and clinicians in the health service are not inspired and motivated enough just to deliver best services for patients? As I go round the NHS what I see is incredible commitment from people throughout the health service who do not need anything else. What they want to do is deliver the best for their patients. They do not need to have a little chart to look at and to move one step up.
  (Mr Jackson) The star rating system at the moment has many imperfections and I am not going to sit here and try to defend it. What I would say is that the vast majority of people who work in the NHS are highly motivated and self-motivated, but I can tell you that when we became a three-star trust—and I was very cynical about the whole process—the atmosphere in the hospital changed and people felt that they had been recognised for the hard work and motivation and commitment and it had a very tangible beneficial effect. I acknowledge that causes problems elsewhere and I say again that it is a system full of imperfections, but the recognition that it gives a hospital and its staff has a very positive effect.

Mr Burns

  67. Have you or anyone else had any experience of a hospital where they have lost a star and gone down a rating? I wonder there whether that energises them to get back to their levels or whether they all get so demoralised they say "Stuff this for a lark" and the whole thing slides. I do not know, I was just wondering whether anyone had any experience.
  (Mr Jackson) All I can say is that we are certainly very keen to retain three-star status and working very hard to do that.
  (Mr Dixon) As far as we were concerned, we were concerned that the CHI inspection would make us lose a star and we all worked very hard to make sure it did not happen. It is a genuine incentive, there is no doubt about it. I agree 100% with that. There is also the little matter of £1 million which all three-star trusts are given, which was hugely motivating. You get £1 million of additional capital and no strings. Wonderful. That enables you to do a number of specific things. You make a big play of it. It is great. Do not underestimate the benefits you get from three stars.

Dr Naysmith

  68. What do you say to some consultants who said to me that the star system means that clinical freedom is interfered with and you are working to meet targets and not necessarily providing the best clinical care?
  (Mr Jackson) I do not accept that at all.

  69. Do you mean it does not happen?
  (Mr Jackson) It does not happen, no.

John Austin

  70. While all this process of major structural reforms and commissioning of performance management is settling in, a number of doubts have been expressed about the capacity of PCTs and the strategic health authorities to manage this new set of organisations. Are you concerned that there may be imbalances between foundation trusts and PCTs in terms of management negotiating skills?
  (Mrs Willis) That certainly is a matter of concern to PCTs. However, in terms of the development of foundation trusts, we are very keen to see the proposed equal development of the PCTs to work with foundation trusts which is in the guidance and we have highlighted it in our memorandum; that will be absolutely crucial. In terms of what will be proposed, we would need additional support and advice to develop the skills.
  (Dr Rutter) PCTs are at different stages of development. Some of us have been in existence for two years, some have been in existence for much shorter periods of time than that. There is a real need to ensure that the PCTs in a particular area of a foundation trust are given the support and the capability to commission care from their foundation trust. It will depend on the locality and the use of the PCT as to whether they are capable of doing that.

  71. How is this to be done? Clearly these trusts, which are recognised as high performing, are increasingly going to be staffed by more and more experienced managers and they will have greater access to information about activity, cost of services. What happens when there is a different set of priorities between that trust and the PCT in terms of meeting the needs of the local community?
  (Dr Rutter) The situation we are in is that we are, very much as part of pursuing the patient programme, mapping patient journeys and working collaboratively to establish the best way to treat patients with particular problems. Our commitment is that we are funding the interventions which come out of those patient journeys, whether they be in primary care or secondary care, jointly. That seems to me to be a much more effective way of developing commissioning than having a bun fight about activity and money in the past, which did not actually really address the issues of equality and the patient's perspective. It does mean that at the PCT level we do have to be very certain about the level of activity we require, be able to manage the flow of patients through those journeys and it does require an increased degree of sophistication which has not existed through PCG and early PCT commissioning.

  72. One of the things I think we have seen in education is that once a school is labelled as a failing school, teachers do not want to teach there and parents do not want to send their children there. They go into a spiral of decline and are very difficult to turn round. Proposals for enhanced patient choice almost certainly will lead to additional demands for treatment at what are seen as the successful foundation hospitals. In Durham, for example, particular groups of patients from the west of the county might want to seek treatment at the foundation hospitals in Sunderland or Teeside rather than going to their local hospitals in Durham and Bishop Auckland. Could this not have some destabilising effect on the latter hospitals, making it more difficult for them to aspire to or achieve three-star status? Is this not going to change the whole determination of hospital development in an area?
  (Mr Jarrold) I do not believe so. To give just the local examples, the new County Durham and Darlington Acute Services Trust, which has just been created, was created from two trusts, the South Durham Trust, which was a three-star trust, and the North Durham Trust, which was a two-star trust. I have every expectation that under the leadership of the new trust, the whole trust will be a three-star trust before long. The South Durham Trust in particular, but North Durham is improving rapidly, have very good waiting times and it is most unlikely that patients from that area will be seeking care further away, because the waiting times are very good. Clearly they do go to South Tees for the specialist treatments they need to have there, but that is absolutely fine. As a local health community, we are not in the position of having somebody who is a no-star trust and somebody who is a three-star trust. All our trusts are very close together in terms of performance. I do not think that will be an issue locally.

  73. May I bring in Mr Dixon and ask him whether he would like to comment on that in relation to the London scene, where perhaps it is easier for people to exercise patient choice in which hospitals they go to?
  (Mr Dixon) As far as my trust is concerned, we are anticipating that more people will want to use our trust. That is very much an institutional view rather than a system view shall I say. We have one no-star trust which is not a long way away from us. I am aware that they are having difficulties in filling vacancies. They are also having difficulty in meeting their waiting lists; the waiting list is still there, so patients are not yet voting with their feet. I would anticipate that we shall actually be taking patients from that hospital. In doing that, it is possible that we shall enable them to improve, strangely enough. In that particular set of circumstances, it may not be a problem. It does become a problem if that trust does not turn round.

Chairman

  74. John used the analogy of education. You do not see that the same situation as John described, in terms of a failing school, will happen to those "failing" hospitals.
  (Mr Dixon) London is a difficult case anyway because of the shortages all over the place. I do think we need to have measures in place to make sure that the more successful hospitals cannot poach staff by just paying them more money. That has to be a control. You cannot rely on a duty of participation or co-operation or any such thing. It will not work.

  75. Basically you are attacking the whole concept that the schools have had.
  (Mr Dixon) No, I am not.

  76. In the notes of guidance issued this issue has been addressed very clearly. You are saying that the duty of co-operation which is on the table at the moment will not work.
  (Mr Dixon) I believe that will not be sufficient, in the context of London particularly, where recruitment issues are around a lot more than just money. People want to come and work in my trust, because it is a good place to be. There will undoubtedly be temptations at some point to add money to the other good things. I do not think we should be allowed that freedom, because it is potentially dangerous. In terms of the London issues, I think we should be restricted.

John Austin

  77. I was referring earlier to patients exercising choice and deciding where to go. Do you think there is also a possible danger that foundation trusts themselves could be selective about the patients they treat? Could this not bring in perhaps age-based rationing or socially selective access to treatments? Could the foundation hospitals perhaps, being in this privileged position of being able to choose their patients, achieve higher levels of throughput by treating a carefully selected mix of patients, leaving the rest to the two-star and one-star and no-star hospitals and therefore adding to their difficulties?
  (Dr Rutter) From the commissioning point of view, we have a very substantial budget, which means we are in a position to exercise some significant control. It would not be something we would be prepared to tolerate. The whole of our commissioning contract would be based on a broad approach to care across a wide range of issues which will fulfil the needs of our population.

  78. Do you think you will have adequate powers to do that?
  (Dr Rutter) We would be potentially spending many millions of pounds. As long as we are quite careful and have contracts which are based on an individual specialty basis and identify quite clearly what we are potentially commissioning, then we can make sure that does not happen. If you just have a situation of a broad block contract, then there is always the potential for that to happen. This is why it is imperative that quite detailed contracts and the financial flows are introduced alongside this initiative. With regard to patient choice, for many years as a TPP we ran a system, admittedly with only 30,000 patients, where nobody waited more than three months for any element of elective care. What we did systematically was that if somebody tripped beyond that time in the NHS, we moved them. It is quite surprising how many people choose not to move if they are actually given a choice. Geography is fundamentally important to patients and they often prefer to stay and go locally rather than have the opportunity to be seen more quickly but have to travel some distance. That was certainly our experience.
  (Mrs Willis) The only thing I would add to that is that one of the biggest problems we have in the acute sector is capacity. What you would be trying to do as commissioners is develop high quality capacity in all providers, not just foundation trusts, because they would not be able to meet everybody's needs. It is in our shared interests as commissioners to make sure that all of your local hospitals improve and meet targets.
  (Mr Jackson) You have to think about this from the point of view of the foundation hospital and what it wants to do. This notion that a foundation hospital wants to suck in patients from the whole wide world is nonsense. Most hospitals and certainly my own wants to be the hospital of choice for Bradford and in certain specialist areas for a slightly wider area. We do not want to pull in patients from the whole of West Yorkshire, for very good reasons.

  79. But if you can be selective about the patients you take in, you can improve your performance, can you not?
  (Mr Jackson) I was just going to say that there are very good reasons why we would not want to pull in a lot of patients from the surrounding areas. It is in fact not in our interests to do it. We do not have the capacity and ability to do that without providing a worse service locally. At the end of the day, over 90% of our income is coming from the three Bradford primary care trusts. I support Ian's point very strongly. That is where the control will be. If we were to try to be selective, we would very soon be in serious difficulty with our commissioners.


 
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