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Mr. O'Brien: Whatever party the Secretary of State comes from, I hope that mere whimsy would not be the criterion by which such things are determined. We have some precedent in terms of quality accounts. Cambridge University Hospitals NHS Foundation Trust has had an early shot at putting together a quality report for 2009-10. I will see whether I can get copies of it for Committee members, because it is an early attempt to put one together.
The aim is to ensure that people have access to the account and that local organisations have some input. Page 12 of the quality report, as the Cambridge trust calls it, states that the Cambridgeshire local involvement network was involved. Such organisations were included in how the document was put together, and they were consulted. I will see whether I can get copies of that document, but it is not necessarily identical to what we envisage quality accounts will eventually become. We will want to consult fully on that; this is just an early shot at seeing what sort of thing could be put together and published. East Anglia and East of England appear to have done a lot of consultation in putting together their documents. We will be considering how local communities were involved in order to learn some lessons from the documents and hopefully to improve them in the future.
Mr. Andrew Turner (Isle of Wight) (Con): I am worried. The problem is that it is moving away from the ordinary person, the consumer of the health service, to something up at the top. One can imagine something from Cambridge setting out what is right for Cambridgeshire. That is all very well, but the problem is that it will be sorted out by the kind of people who work in the NHS rather than by the consumers. How will the Government ensure that it is the consumer, not the NHS person, who is represented?
Mr. O'Brien: In a sense, the document gives information from the NHS to the consumer—the patient and members of the public who are potential patients—to give them some idea how their local NHS is operating. The aim is not for the consumer to provide the data, except through recognised ways, but for the NHS to make available information that it has now but that is not readily available to members of the public.
Sandra Gidley (Romsey) (LD): The Minister has said that the NHS has this information now. I have just been reading Lord Darzi’s comments when quality accounts were discussed in the other place. He admits that the way in which pharmacies and other small providers now collect data might not be same and that there might be an additional cost, but that we do not yet know the details. It is clear that, over time, extra information could be added.
Mr. O'Brien: I think that the hon. Lady was on the Health Committee this morning. I referred to the fact that a cost would be involved in relation to an acute hospital, for example, and we envisage an additional cost to a trust of about £3,000 in order to provide a report. I also mentioned this morning that dentists and others providing services to the NHS would, after three years, and following a period of consultation, be required to provide a quality account. However, I also mentioned that we are considering whether exemptions would be appropriate in relation to sole providers who might provide services to a very small number of NHS patients and whether, in such circumstances, it would be appropriate to require them to publish a quality account.
The hon. Lady makes a reasonable point, however, and it is one that we have considered already. We want to ensure that quality accounts fulfil a purpose, and do not merely require people to fill in forms for the sake of it. This is about ensuring that the public get the information that they are likely to want. There is not much point in having quality accounts from an organisation, if the public are not interested in knowing the quality of its service because it is so small or de minimis. We need to put this into proportion and ensure that local people get the information that they want.
We shall also ensure that the commissioners are legally required to validate the quality of the quality accounts. The hon. Member for Hemel Hempstead raised this issue. Prior to publication, the commissioners will have to show that they have overseen the documents and are satisfied with its validity. This is not just about providing a whole load of data, but about saying, “This is what we are good at; this is what we are mediocre at; and in both cases, this is where we shall make improvements during the coming period.” It will require the commissioners of the documents to exercise a degree of intervention and policy initiative. They will not simply provide information about the current situation. The purpose of that information is to improve the quality of NHS service delivery.
I do not envisage the CQC having quite the audit role envisaged in amendment 99. It will want to assess the quality of the data that it receives, but it will not be in a position to intervene in every single NHS provider, wherever it is and no matter how small it is. For example, in five years’ time, when all these dental practices are providing quality accounts, should it be the CQC’s role to validate them all? That is not how we envisage it operating. The CQC has a role in validating the data that it receives, but it is important also that the provider of the data ensures that it is valid.
We need to strike the right balance—I think that we have—with regards to the involvement of local involvement networks in quality accounts. We are not far from the Opposition’s position on LINks. There is a difference of view on the extent to which subjective data ought to be introduced. I am not entirely clear as to how that will be done, but we want the public to be able to view and use the quality of the data in the document in a sensible, straightforward way. We also want the document to avoid unnecessary jargon, although there is always some jargon involved in providing such information. Furthermore, we want the document to enable members of the public to know what is going to be done in their local NHS, as well as the way in which it seeks to improve the quality of what it delivers in the future.
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Mr. Stephen O'Brien: I am grateful to my hon. Friend the Member for Hemel Hempstead for moving the amendment. The Minister listened carefully, but he is obviously still struggling with the idea that any kind of subjective patient information should be a part of the data input process, because he made an analogy that the other data on more professional and detailed clinical measures would be part of the ownership of others in clinical practice. I will not press the amendment to a vote, but I hope that our discussion means that the Minister and his officials will have reflected upon the issue by Report stage.
The Government are quite rightly exploring many areas and, as the Minister has admitted, are trying to move from the former, brutish target regime to a much more sensitive outcome measure regime. It is highly likely that, over time, LINks will become one of the key sources in a number of areas where patient outcome measures will be marshalled, understood and, above all, de-atomised from individual patient experience to a point where we can learn policy lessons from the more subjective parts of the patient journey. We recognise that the great thrust will be the objective test of clinical health care and social care outcomes, but the patient reported outcome measures will inevitably be part of that and will need to be input in order to have a full and—to use a word that was used earlier—holistic approach to an account of the delivery of quality in care in its broadest sense. In his report and reforms, Lord Darzi has urged us to look at care, meaning not just health care or social care, but a total care approach.
It would be disproportionate to press the amendment to a vote, but I hope that, by Report stage, the Minister will have reflected upon whether, in the absence of anything in the Bill, there will be enough expectation, as well as discretion under clause 8(5), to enable marshalled, sensible and almost semi-professional subjective patient reports and outcome measures to be part of the input process, which would help in all care.
Mr. Mike O'Brien: The hon. Gentleman has just stated that LINks and other patient organisations could provide data that are not merely the subjective view of individuals, but are, as he put it, de-atomised in order to provide more reliable data. That certainly would be the sort of data that organisations might well wish to use in their quality accounts. I do not differ with him greatly on that.
Mr. O'Brien: I am grateful for that clarification. It may or may not be necessary to take the issue further, but this exchange has given some clarification.
Mike Penning: We have had an interesting discussion, especially about the LINks issue, and I pay tribute to my hon. Friend the Member for Orpington for his thoughtful comments on that. LINks have had a bit of a struggle, to say the least, to get going in certain parts of the country, and, in order to feel confident about them, the public need to feel that they have some clout and rigidity in relation to holding the NHS to account. I also pay tribute to my hon. Friend the Member for Isle of Wight, because it is important that the public have confidence in the provisions under this part of the Bill.
I was slightly concerned that the Minister made no mention of Monitor in his remarks, although I will not push him on the matter. Monitor has a role to play in looking at the accounts, not least if a trust is asking to become a foundation trust. The quality accounts are one thing among others that should be looked at in those circumstances. With that in mind—I have listened carefully to the Minister’s comments—I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Mike Penning: I beg to move amendment 155, in clause 8, page 5, line 33, at end insert—
‘( ) The Secretary of State must undertake appropriate consultation with appropriate bodies listed under, but not limited to, subsections (2) and (3) before requiring them by regulation to publish in respect of each reporting period a document containing prescribed information relevant to the quality of services.’.
The amendment would require the Secretary of State to consult the bodies producing quality accounts prior to the regulations coming into effect. As I said earlier, the two consultations that have taken place cannot be described as full and satisfactory. The first had only 299 responses, of which 11 were from GPs, and clearly a lot of specialist NHS professionals were not consulted. The second consultation had only 39 responses, including 15 from NHS foundation trusts, four from NHS trusts, nine from primary care trusts and one from a strategic health authority. Other important groups responded, but they could not in any way be described as representing the NHS. The amendment would ensure that before the legislation is brought into effect, further consultation across the NHS would take place.
Mr. Mike O'Brien: I assure the hon. Member for Hemel Hempstead that we intend to have extensive consultation on the development of quality accounts. We have already had an initial period of consultation. There has been a reasonable level of interest, but nowadays people often wait until the legislation has passed before engaging seriously with it, because then they know it is coming. We want to have an appropriate level of engagement with all the various stakeholders, including organisations such as LINks, on the way in which quality accounts will develop.
I must add that Monitor is the first line of regulation in NHS foundation trusts. It asks trusts to submit an annual plan and their regular reports and then monitors how well they are doing against those plans. Monitor has asked that foundation trusts publish, for example, their quality accounts with their annual reports, as I said. It has played a key role in the design of the quality reports that are being produced by foundation trusts this year. Details are on its website along with seven quality reports recently published by various foundation trusts.
Consultation is needed on the future development of quality accounts, not only for acute trusts—we are reasonably far forward in terms of what they will do—but certainly before we move to the next stage, when we look at GPs, consultants, dentists and other parts of the NHS. We will require quite extensive consultation to ensure that their views on what should be in quality accounts are taken fully on board.
Mike Penning: I thank the Minister for his comments on Monitor. My question was not about what happens when a body becomes a foundation trust—I am very aware of the excellent work and monitoring that takes place after that happens—but about trusts that are trying to become foundation trusts. I asked him to make it clear that quality accounts are taken into consideration by Monitor when it is considering allowing trusts to become foundation trusts.
I accept fully what the Minister said—he has been very open and honest about the amount of consultation he intends to undertake—and I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
Sandra Gidley: I shall make a few general comments and I apologise if some of them were covered this morning, when I had to be elsewhere. I hope to use the opportunity, first, to get an assurance from the Minister that the quality accounts will not be used in any league table format. I do not think that that would be helpful in the greater picture, because trusts and hospitals tend to take their eye off the ball and concentrate on what they are being compared with.
Secondly, a slightly wider question is: why are we starting with family care trusts, NHS service trusts, special health authorities and NHS foundation trusts? I understand that it is completely right to wait a while to see how the quality accounts process beds down before incorporating the smaller bodies, but who will performance manage that? Who will ensure that quality accounts are useful? Where do strategic health authorities fit into the picture? Whenever I have written to the Department of Health about a problem with my local PCT, the Department has said, “It is nothing to do with us. You’ve got to go to your SHA, because they are responsible for performance managing.” To be blunt, the quality of performance management by the strategic health authorities has been very variable in the past, although that has improved, thanks to the reorganisation and the fact that there are fewer strategic health authorities.
Then we have the question of the Department itself. The impact assessment says:
“Part of the Quality Account will be specified by the Department of Health and the content will be set out in regulations.”
That is fine. Then it says:
“This part will focus on key Departmental priorities.”
I am not quite clear how we are monitoring the quality of the Department of Health. The assessment continues:
“The purpose of the DH-specified part of the Account is to ensure that patients, the public managers and clinicians have easy access to information on a provider’s performance against key Departmental priorities in a way which allows Account users to compare a provider’s year on year performance and to compare the performance of similar types of provider.”
We are getting into league-table territory there. What I want to home in on is
“easy access to information on a provider’s performance against key Departmental priorities.”
The other day, I was talking to a gentleman who voiced concern about the Department of Health managing the NHS Plus contract. I do not want to go into great detail, but there are quality aspects to the account of which the Department has failed to take note, and a note I have says that there have been no management quality issues on this contract managed by the Department of Health contract management board.
There seems to be no accountability of the Department. For example, the guidelines said that patient groups, with their specific knowledge, should have been involved, but they have not. The contract for the occupational health clinical effectiveness unit—I will follow this up with the Minister later—was placed with the Royal College of Physicians, but two specific quality requirements have not been enforced by the Department,
It seems a little rich for the Department to making trusts jump through hoops of producing quality accounts—although they are a good thing—when the Department itself is not being open and honest about how it is managing quality. Moreover, strategic health authorities, which might have a useful role to play, are being ignored.
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