NHS Employers responds to two PSA consultations

To drive improvements and public benefits, we believe that the Standards for Accredited Registers need to promote a consistent, fair and collaborative approach across all the registers - as we are aware that registrants subject to fitness to practise proceedings experience widely different approaches depending on who they are regulated by.

To make the standards fit for the future the PSA should focus action on targeting resources where there is greatest risk to the public. It is sensible to focus resources on core functions and how these functions can be delivered well and add value. 

The PSA should focus on areas of collaboration such as; 

• shared approaches to processes and procedures to ensure they are efficient and person-centred e.g. fitness to practice and renewals   
• use of technology, simulation and AI as part of training to help meet workforce strategies
• making progress on reducing discrimination 
• research and policy work - collaboration could add real value by facilitating greater co-ordination and regulatory consistency
• shared approaches to informing – ensuring collaboration between the regulators of the registered professions when a registrant is convicted. 

If it is decided to introduce a more explicit requirement for Accredited Registers to access DBS checks, consideration must also be given to how Accredited Registers will monitor and administer any repeat DBS checks that may be required on self-employed/independent practitioners to ensure they are still legally eligible to obtain checks and those checks are at the right level.   

• We continue to support the PSA's approach to applying proportionality to regulation which is more targeted at regulating the risk or at finding ways, other than regulation, to promote good practice and high-quality healthcare.  
• We support the PSA’s proposal to apply additional principles of right-touch regulation around fairness and collaboration. We would like to see the republication of right-touch regulation have a positive force in ensuring regulators processes and procedures are efficient, effective, and person-centred, and to facilitate shared approaches.
• The NHS landscape will change with the government announcement to merge NHS England and DHSC functions over the next two years. This presents an opportunity for the PSA to further engage with system regulators, including the newly merged NHS England and DHSC, to understand how they will interact and share information with each other - helping to clarify and quantify the emerging risks or opportunities for effective regulatory arrangements.
• While the NHS Employers organisation does not have a remit to develop policy, it will continue to be important for government policymakers to sense check that any changes within policy direction are aligned with the key principles outlined within right-touch regulation.