Compliance with NHS Provider Licence declaration
NHS Foundation Trusts are required to self-certify whether or not they have complied with the conditions of the NHS Provider Licence (which itself includes requirements to comply with the National Health Service Act 2006, the Health and Social Care Act 2008, the Health Act 2009, and the Health and Social Care Act 2012, and have regard to the NHS Constitution).
Condition G6 – Systems for Compliance with Licence Conditions
We are in receipt of communications from NHSE Regional Support Group (North East & Yorkshire) relating to concerns regarding our compliance with the provider licence and requirement for regulatory action. On the basis of the grounds set out by NHSE, and having regard to its Enforcement Guidance, we have agreed enforcement undertakings pursuant to NHSE powers under section 106 of the Health and Social Care Act 2012 (“the Act”). We have and are providing health care services for the purposes of the NHS in breach of the following conditions of the Licence (NHS2: Governance arrangements), specifically: NHS2.2, 2.4, NHS2.5(a) to (g) and NHS2.6(a) to (f).
Trade Union (Facility Time Publication Requirements) Regulations
On 1 April 2017, the Trade Union (Facility Time Publication Requirements) Regulations 2017 came into force. The Regulations require the Trust, as an NHS body, to collate and publish on an annual basis, a range of data on the amount and cost of ‘facility time’ within the organisation. Facility Time is the provision of paid or unpaid time off from an employee’s normal role to undertake Trade Union duties and activities as a Trade Union representative.
Same sex accommodation
The Trust, in accordance with guidance issued in 2007, by the NHS Institute for Innovation and Improvement, has been working to improve privacy and dignity within clinical facilities, particularly focusing on ensuring that men and women have separate sleeping areas and separate toilets and bathrooms that they can reach without having to pass through (or close to) opposite sex areas.
Declaration of compliance:
The Trust is pleased to confirm that we continue to respect our patients privacy and dignity and are virtually compliant with the Government’s requirement to eliminate mixed-sex accommodation, except when it is in the patient’s overall best interest, or reflects their personal choice. We have the necessary facilities, resources and culture to ensure that patients who are admitted to our hospitals will only share the room where they sleep with members of the same sex, and same-sex toilets and bathrooms will be close to their bed area. Sharing with members of the opposite sex will only happen when clinically necessary (for example where patients need specialist equipment such as in Coronary Care, Intensive Care, High Observation Bays, or when patients actively choose to share (for instance children services). For people who sleep in shared spaces with people of the same sex, Trust staff will do everything possible to ensure dignity and privacy.