Public involvement and consultation about health services

The Local Government and Public Involvement in Health Act 2007 received Royal Assent and became law on 30 October 2007.

The act makes important changes to arrangements for patient and public involvement in the provision of health and social care services under the NHS. Of particular interest, it clarifies and amends the legal duty imposed on NHS bodies under Section 242 of the National Health Service Act 2006 to "involve and consult" local communities on the planning and development of services. NHS bodies are defined for these purposes as Strategic Health Authorities, Primary Care Trusts, NHS Trusts and NHS Foundation Trusts.

Specifically, the act draws a new distinction between "involvement" and "consultation", with the latter defined as just one means of achieving the former. The duty on NHS bodies is therefore amended to require them to ensure that patients and the public are "involved" in service planning, proposed service changes and operational decisions. But it is made clear that this obligation may be satisfied by a formal consultation process, by the provision of information or "in other ways".

This change will allow NHS bodies greater flexibility in deciding how best to involve local communities. That said, the Act provides that, in discharging its duty, an NHS body must have regard to any relevant guidance given by the Secretary of State. At present, the only guidance on this subject dates from February 2003 and is entitled "Strengthening Accountability: Involving Patients and the Public". It is available on the Department of Health's website. However, it is assumed that the Secretary of State intends to publish updated guidance to reflect the changes brought about by, and expand upon the implications of, the Act.

In any event, it seems likely that, as a result of the Act, NHS bodies will go out to formal consultation in fewer cases.

The relevant provisions of the Act are not yet in force. The Secretary of State will appoint a commencement date for these provisions in due course, but it is not currently known within what timeframe they will take effect.