Select Committee on Health Minutes of Evidence


Letter from the Secretary of State for Health to the Chairman of the Committee (PE 1A)

  At the Health Committee Public Expenditure Inquiry session on the morning of 8 December I promised to write to you on three points:

    —  figures on optimum bed occupancy levels to guarantee efficiency and safety based on the National Bed Enquiry;

    —  the latest data on progress with the SHAs' review of cases of people wrongly charged for continuing care which had not been completed as of 31 July 2004; and

    —  the latest figures for rates of emergency readmission to hospital within 28 days of discharge for the over 70s.

  I will address the points in turn.

OPTIMUM BED OCCUPANCY RATES

  The National Bed Enquiry issued in February 2000 identified that the National Health Service needs to be able to respond to the peaks and troughs in demand. To achieve this, bed occupancy levels need to be maintained at a sensible average level: high enough to avoid inefficiency and low enough to avoid unresponsiveness. The enquiry drew on earlier research which found—based on the way NHS services were managed at the time—that average bed occupancy over 85% was associated with growing problems in handling emergency admissions.

  The 85% occupancy level was intended to be taken as a guide rather than an absolute. It is for the NHS locally to decide how best to deliver services. Some hospitals operate at occupancy levels in excess of 85%, whilst still delivering a high quality of care, patient safety and the key access targets. Optimum occupancy levels will vary depending on the range and type of services provided and on the efficiency with which elective arrivals and discharges are managed over the course of each day.

  We are investing in significant additional capacity, of which the Treatment Centre programme is part, which will ensure that there is enough capacity to deliver front line services efficiently, effectively and safely.

  Treatment centres provide predominantly day case elective procedures. Efficient utilisation is therefore based on referrals not occupancy. This planned surgery is separate from emergency surgery, relieves the pressures on hospital beds, and helps to speed up the treatment of patients admitted to emergency care.

  Demand for Treatment Centre capacity is expected to increase as the NHS expands activity to deliver reduced waiting times and increased patient choice.

SHA REVIEW OF CONTINUING CARE CASES

  Based on the latest information received, the Department believes that all but two SHAs have now cleared their pre April backlog and those two will have cleared the backlog by the end of January.

EMERGENCY RE -ADMISSION RATES WITHIN 28 DAYS OF DISCHARGE FOR OVER 75 YEAR OLDS

  Although the committee asked about re-admission rates for over 70 year olds I believe the question was intended to be about the discontinued measure which was for over 75 year olds. I have therefore provided information on this basis.

  The performance indicator for emergency re-admission rates for over 75 year olds was dropped in favour of a measure for over 16 year olds. This is because a measure that focused on over 75 year olds has the potential to give a perverse incentive such that elderly people may be denied hospital treatment when it was appropriate for them to receive it.

  The new star rating performance indicator is the emergency re-admission rates for over 16 year olds and is based on hospital episode statistics (HES) data rather than quarterly monitoring returns. The indicator based on HES data is more sophisticated that the quarterly monitoring data and has been developed over a number of years to capture the true picture on re-admission rates.

  The HES data can also be used to provide data on the emergency re-admission rates for the over 75 age group and data for the last three year is given in the table below.

Table 1

EMERGENCY RE-ADMISSION RATES FOR OVER 75 YEAR OLDS
YearRate %
200110.9
200211.3
200311.6


  I would like to re-emphasise that we would not normally publish this information and it is no longer a NHS performance indicator for the reasons given above.

26 January 2005

Further letter from Secretary of State for Health to the Chairman of the Committee (PE 1B)

  At the Public Expenditure Inquiry evidence session on the 8 December 2004 I was happy to agree to provide written answers to questions the Committee were unable to ask due to time constraints. The Clerk of the Committee submitted the questions to the Department on the 14 January 2005 and my response to each is in the annex to this letter.

1 February 2005

Annex

PERSONAL SOCIAL SERVICES

1.   Are national vacancy rates of 10% for social workers, 19% for occupational therapists, 11% for care staff and nearly double the national average rates in London acceptable? Is this having an impact on performance?

  1.1  No, they are not acceptable. It would be foolish to pretend that such large workforce supply gaps do not have a serious effect on performance. Inspection reports for a number of years have highlighted the impact on the quality of social care services of high vacancies and turnover of staff. It is of course for the employers of these staff to take a lead in reducing vacancies, and questions must be asked of local councils and the private and voluntary sector employers who are responsible for the provision of social care services, but the DH has been providing considerable support over the last few years.

  1.2  In 2001 the DH launched a National Social Work/Care Recruitment Campaign, a campaign that has now reached its ninth phase. The Campaign works through a variety of media channels, including TV, and the numbers of people contacting the helpline telephones and website is now well into six figures. The number of applications to Social Work courses is up, and the number of student registrations has increased by over 40% since 2000.

  1.3  Over the same period the DH has led with the reform of the Social Work profession, from a two year Diploma to a three year degree, the institution of the General Social Care Council and the opening of the professional register of Social Workers, the review of the post qualifying framework, and many related initiatives designed to transform Social Work into a modern profession.

  1.4  From 2003-04 the DH introduced a new grant through local councils to support better human resource management and recruitment and retention. The grant began at around £10 million and rises to £63 million in 2005-06. This is in parallel with a new National Training Strategy Grant that will be £95 million in 2005-06 to support employers in developing the skills in the workforce.

  1.5  In relation to Occupational Therapists, following discussions the DH with employers commissioned a survey to be undertaken by the Local Government Employers Organisation. The survey is about to report, and working with employers and the College of OTs, we will be examining how we can tackle OT vacancy levels.

  1.6  The importance of workforce planning cannot be overlooked, and many employers are engaged in joint planning of services across agency boundaries. The Social Care Institute for Excellence and the Association of Directors of Social Services, among others, have produced guidance to help employers with workforce planning. TOPSS England disperses a £15 million DH grant, the National Training Strategy Implementation Fund, through its regional structure. Receiving grant funds is conditional on evidence of local workforce planning across the relevant agencies.

  1.7  But part of the response has to be to acknowledge that simply getting more of the same staff is only part of the solution: it is also necessary to look at how staff can work differently and more efficiently. The DH is funding TOPSS England to manage a programme of pilot projects to look at "New Types of Worker" and new ways of working. This programme started in 2003 and now HAS 28 pilots.

  1.8  This is not an easy task. The social care workforce is growing—almost a 60% growth in employment of Social Workers over the last decade—but the government, in partnership with the employers and all stakeholders in social care services, have been and will continue to work hard to develop the supply of social care workers to meet service demands.

2.   The CSCI report raises a number of issues that should be considered before extending the reimbursement scheme to mental health, community hospitals or palliative care. What is your intention for extending the scheme, and do you recognise some of the dangers highlighted by CSCI and others, notably around insufficient intermediate and community provision?

Background to the CSCI report and Reimbursement

  2.1  The CSCI report highlights the positive effects of the reimbursement policy after only six months of application. It stresses that this policy has brought together health and social services, improved communication, has structured and strengthened the discharge process and has lead to a reduction in the number of people who are delayed in an acute bed.

  2.2  Reimbursement has, as acknowledged in the report, provided an injection of cash and an impetus to invest in local services which help people live independent lives at home after periods of hospitalisation and has increased investment in services that prevent hospital admissions.

  2.3  The driving principle of reimbursement is to ensure that patients receive the right care, in the right place, at the right time and that people are not delayed in an environment which may reduce their independence and confidence, increase risks of infection, or break links in their support network.

What is your intention for extending the scheme?

  2.4  It has always been the intention to extend reimbursement in a phased way based on a consideration of the benefits for each patient group. Further parliamentary debate would be required for the inclusion of mental health patients.

  2.5  Patients not currently affected by the scheme are still covered by the principles that they will not be discharged until a multi-disciplinary team has agreed that they are ready and fit for discharge, and the needs of the patient are always at the centre of any care plan drawn up.

  2.6  The NHS and their partners are improving their discharge procedures and it should be pointed out that the policy of Reimbursement does not change the responsibility and statutory duty of health and social care partners to provide people with the care they need, only to ensure that this is done in a timely way.

Worries about insufficient community services and intermediate care provision

  2.7  This year an extra £100 million of funding will be made available for Adults' PSS and has been added to the Access and Systems Capacity grant, this money has been made available to ease the pressure on and improve the quality of existing community services.

  2.8  There has been a significant increase in intermediate care services. By the end of September 2004, there were an additional 4,692 intermediate care beds and over 10,000 extra non-residential intermediate care places. These enabled over 200,000 more people to benefit from intermediate care services compared to the 1999-2000 baseline.

  2.9  The extension of reimbursement will provide the incentive to invest in community and residential services which will allow for the discharge of patients who no longer require hospital care.

3.   When is the "vision" for adult social care going to be published? Is it not the case that the consultation around this new vision was badly handled and publication has been delayed because of the poor level of response?

  3.1  A Green Paper on Adult Social Care will be launched during the course of this parliamentary session.

  3.2  Consultation on the vision has been extensive and is ongoing. So far, it has provided a rich supply of ideas, views and documentary material to inform the drafting of the Green Paper.

  3.3  Over the summer of 2004 we consulted with a range of stakeholders by means of a website questionnaire hosted by the Social Care Institute for Excellence, but in August took the view that there was still more to do. We wanted to ensure that we heard from as many people as possible at the receiving end of services, their carers and families, and so we extended the period of consultation to allow more people an opportunity to have their say.

  3.4  Between August and November 2004 Dr Ladyman and his officials conducted a rigorous exercise of informal consultation, including the following:

    —  The Social Care Institute for Excellence (SCIE) re-opened its website questionnaire until early October and held a series of seminars for 16 focus groups, including sox consisting of service user representatives.

    —  Dr Ladyman met 30 major service user and carer representative stakeholder organisations.

    —  Officials wrote to around 250 voluntary organisations, inviting them to propose ideas/comments for the Green Paper.

    —  Officials met a large number of key stakeholder groups. These ranged from NHS chief executives, through the Department's Older People's Reference Group to a Joseph Rowntree Policy Seminar.

  3.5  The Department commissioned three pieces of work to inform the debate. These were from the Institute for Public Policy Research (IPPR), the Tavistock Institute and the Social Policy Research Unit at the University of York.

FUTURE HEALTH SPENDING

4.   The Treasury's spending projections set out its report Long-term public finance report: an analysis of fiscal sustainability project NHS spending at 8.1% of GDP in 2013-14. However the Wanless Report made a minimum projection of 9.1% by 2012-13. How can these different estimates be reconciled? What is the Department's own assessment of the likely growth of health spending beyond 2007-08?

  4.1 The difference between the Long-Term Public Finance Report and the Wanless Report is accounted for by the fact that the former, in projecting future health spending, only takes account of demographic changes. The Wanless Report assumes in addition an impact on spending from non-demographic drivers such as patient's preferences and expectations and technological change, the modelling in the Long Term Public Finance Report assumes these factors were to remain constant over time.

5.   From now to 2007-08 health spending will rise by 7.3% a year in real terms, more than twice as fast as likely growth in GDP (3%). After that, will there not be major re-entry problem as health spending growth slows to nearer the growth rate of GDP? How will the service cope with slower growth of spending when there are so many cost commitments in the pipeline which will not come through fully until 2008 or later?

  5.1  Levels of health spending beyond 2007-08 will be determined in future spending reviews and it would not be appropriate to speculate out the outcome now.

  5.2  The purpose of the spending review process is to ensure that sufficient funding is made available for public services to deliver Government objectives. The 2006 spending review will therefore take account of existing commitments that run beyond 2007-08 as well as any new commitments agreed during the review. The review will also take account of the substantial investment in the National Programme for IT and reforms such as patient choice, payment by results and workforce modernisation which improve the future productivity and efficiency of the NHS. The review will also take account of the impact of our investment in disease prevention through improved public health measures and more effective management of long term conditions such as diabetes on the resources required do deliver health care in the future.

6.   Tax funded health services with strong public health and primary care in Finland and Sweden seem to provide good outcomes and services with much lower level of funding as shares of GDP—7% and 8.7% respectively. Why is the NHS heading for a level of spending which will be higher than those found in many insurance based systems? Could we not get the same value for money levels as in Scandinavia?

  6.1  It is inherently difficult to provide a comparison of value for money of health systems in the UK, Finland and Sweden. This is because, to compare value for money requires a comparison of the health inputs and outputs in each country.

  6.2  To date, measures of UK health productivity have failed to reflect the improving quality the NHS provides. The Atkinson Review recommends that quality should be included in a comprehensive measure of productivity.

  6.3  Whilst there exists high level quality indicators, such as life expectancy, mortality rates and cancer survival rates, these health outcomes are not fully attributable to the health systems and reflect only a subset of health activity.

  6.4  The OECD report that in 2002 Public Health Spending as a proportion of GDP was 6.4% for the UK, 5.5% for Finland and 7.9% for Sweden. The figures for Total Health Spend as a proportion of GDP in 2002 were 7.7% for the UK, 7.3% for Finland and 9.2% were Sweden. The share of Public and Total Health Spending as a proportion of GDP increased between 2000 and 2002.

  6.5  Total Health Spending as Proportion of GDP (OECD Health Database)
19981999 20002001 2002
UK6.9%7.2% 7.3%7.5%7.7%
Finland6.9%6.9% 6.7%7.0%7.3%
Sweden8.3%8.4% 8.4%8.8%9.2%


  6.6  By 2007-08 UK spend on healthcare (public and private) is estimated to reach 9.2%, the same level as Sweden in 2002.

WAITING LIST TARGETS

7.   Your new waiting list target will measure the time from referral to treatment. When will this be published? What is your best estimate of the average time from referral to treatment at present? Why have we had to wait so long for this measure to be introduced?

  7.1  The Department's new Public Service Agreement target for elective waiting times is that NHS patients should wait no more than 18 weeks from GP referral to start of treatment. This will include the stages leading up to treatment, including diagnostic procedures and tests. This target was announced in the NHS Improvement Plan in June 2004. Further detail was then set out in the Local Delivery Plan technical guidance in November 2004.

  7.2  There are no current measures of the average time from referral to treatment and on the basis of current data and targets we do not have a reliable basis for estimating this average.

  7.3  In previous Public Service Agreements, the Government deliberately focused on two priority areas for improving NHS performance on elective waiting times—the time from GP referral to an initial outpatient consultation and the time it takes from a patient being told that they need an operation to actually entering hospital for treatment. This focus has enabled the NHS to make huge progress—halving the maximum inpatient wait from 18 months to a maximum of nine months and reducing the maximum outpatient wait to 17 weeks. By the end of this year, the maximum wait for inpatient treatment will be six months and the maximum outpatient wait will be 13 weeks. This progress now provides the basis on which the NHS can move on to the more challenging target of reducing the whole patient journey from referral to treatment to a maximum of 18 weeks.

8.   Officials told us told us that some GP practices restrict appointment booking to just the next 48 hours and prevented patients from booking further in advance in order to meet the 48 hour access targets, and that this was a recognised problem. How many practices restrict appointments in this way? What are you doing to tackle it?

  8.1  The Department recognises that practices which are not allowing patients to book ahead are not delivering a patient-centred service.

  8.2  The Department is committed to working with Strategic Health Authorities to support Primary Care Trusts in managing out this practice. The aim of this work is ensure that all patients have the opportunity to book ahead;

  8.3  The Department has:

    —  Written to SHAs asking them to:

—  remind PCTs that this is not acceptable practice;

—  ensure that PCTs take steps using the available levers to manage out this practice; and

—  remind PCTs that when validating monthly performance data they are expected to ensure that practice figures are reported on the basis of appointment systems which allow patients appropriate flexibility in booking appointments.

    —  extended monthly performance data to include information on the extent of restricted booking;

    —  circulated to all practices a joint DH/National Primary Care Development Team (NPDT) leaflet "When do patients want to be seen? Who do they want to see?"; and

    —  published a guide to Improving appointment booking systems, This builds on the joint leaflet and includes action for PCTs to take.

  8.4  There is evidence of improvement. Monthly performance data suggest that 8% of patients cannot book more than two days ahead. This compares with 13% in November 2004 the first month when these data were collected.

OUTPATIENT WAITING LISTS

9.   The March 2004 milestone from your outpatient waiting list target was that no one should wait more than four months from referral to appointment. However, at the end of June almost 3,400 waited longer than four months. Why was this and are you confident that the target for next March and those beyond will also be met?

  9.1  The Department collects data on time waiting for a first outpatient appointment following a GP or G(D)P referral to consultant.

  9.2  At the end of June the provider based return showed 3,390 patients waiting over 17 weeks for a first outpatient appointment. The majority of these patients were Welsh residents waiting for an outpatient appointment at an English trust. The number of patients for whom English commissioners were responsible, waiting over 17 weeks, was 626 (465 of whom were waiting at Royal National Orthopaedic Hospital NHS Trust).

  9.3  At the end of September the provider based return showed there were 3,109 patients waiting over 17 weeks for a first outpatient appointment. Again, the majority of these patients were Welsh residents waiting for an outpatient appointment at an English trust. The number of patients for whom English commissioners were responsible, waiting over 17 weeks, was 151.

  9.4  Most patients receive their first outpatient appointment within 17 weeks. In the quarter ended 30 September 2004, 98.4% were seen within 17 weeks.

  9.5  The 13 week maximum wait for an outpatient plan is to be met by the end of December 2005. 82.2% of patients were seen within this target at the end of September 2004. The Department continues to monitor progress through SHAs and is confident that the NHS will continue to make progress and meet the 13 week maximum waiting time target.

NHS DENTISTRY

10.   The NHS Plan said that everyone who wanted an NHS dentist would be able to get one—how far are we away from this? Do you have any figure for the number of registrations you are aiming for?

  10.1  At no time since provision was made for NHS dentists to register patients in 1990 has the proportion of the population registered exceeded 60%. Some people are content to rely on the arrangements for occasional or emergency treatment. Nevertheless we accept that there is currently unmet demand and have set a target of increasing the number of patients currently registered (22 million) by 2 million by the end of 2005.

11.   You have recently launched another initiative to boost NHS dentistry. How will this succeed where others have failed if it only plans for an additional 1,000 dentists when the Primary Care Dental Workforce Review found there was a shortage of 1,850?

  11.1  The recruitment of the equivalent of 1,000 more dentists is an interim measure whilst the benefit of the extra 170 training places for dental undergraduates to be funded form October 2005 is realised. By 2010, when the first cohort of dentists qualifies, there will be an additional 850 dentists in training. We are also confident that the new contractual arrangements, to be introduced by April 2006, will attract dentists to increase their NHS commitment, but plan to review these assumptions in 2006.

CLINICAL NEGLIGENCE

12.   Provision for clinical negligence has been increasing rapidly and stood at £6 billion last March. Do you agree with the National Audit Office when they say that "The cost of clinical negligence continues to be a major challenge for the NHS and represents a significant and increasing drain on resources available for patient care"? And if so what are you doing to slow these increases and when can we expect provisions for clinical negligence to fall?

  12.1  The cost of clinical negligence is rightly of concern to the public, the NHS and the Government. However, it is right that NHS patients who are injured as a result of clinical negligence should be able to obtain correct and full compensation. The actual amount paid out in connection with clinical negligence claims in the NHS currently stands at over £400 million per year[2] While this is a significant sum of money, it is a declining proportion of annual NHS expenditure and for 2002-03 accounted for less than 1%.

  12.2  The NAO figure of £6 billion represents the estimated value at 31 March 2003 of all known claims, together with an actuarial estimate of those incurred but not reported (IBNR) which may settle or be withdrawn over future years[3] It is the theoretical cost of paying all outstanding claims immediately, including those relating to unreported incidents. The NAO's own figures in their May 2001 report on clinical negligence suggest around three quarters (62% of ELS claims and 83% of CNST claims) would be withdrawn by the claimant, and that of the claims that went to court in 1999-2000, only 61% were successful. Nevertheless, it is financially prudent to ensure provision is made to meet all potential liabilities so that resources are available to provide compensation to patients where clinical negligence has occurred.

  12.3  The focus of the NHS is on taking measures to reduce the incidence of clinical negligence in the NHS, improve the way claims are resolved and provide care and compensation for those injured through poor quality NHS treatment. We are working to reduce clinical errors in the first place through the National Patients Safety Agency who record errors, mistakes and near-misses and speed up the process of sorting them out. The Department of Health, along with the Lord Chancellor's Department and the NHS Litigation Authority, has already done much to improve the system for resolving claims. This has includes adopting the Civil Procedure Rules (in line with Lord Woolf's "Access to Justice" recommendations), reforming the legal aid system, establishing the Legal Services Commission and encouraging the use of mediation as an alternative to court action. We also need to ensure that money spent on claims goes to the patients who deserve it—not legal costs. Making Amends, published in June 2003, proposes an NHS Redress Scheme which would investigate when something went wrong, offer explanations and apologies, care and rehabilitation when needed, and financial compensation in certain circumstances without the need to go to court.



2   £422.5 million was paid out in connection with clinical negligence claims in 2003-04, representing a 5% fall from the comparable figure in 2002-03 of £446.2 million. These figures include both damages paid to patients and the legal costs borne by the NHS. Back

3   The NHS Litigation Authority estimate that as at 31 March 2004, it has potential liabilities of £7.78 billion relating to clinical negligence claims. This estimate is strongly affected by the "discount rate" set by Government, which was changed on 1 April 2003 from 6% to 3.5%. Had the new discount rate of 3.5% been applicable to the 2002-03 Accounts, the potential liabilities reported in those Accounts would have been £7.3 billion at 31 March 2003 rather than the £5.96 billion reported.


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