Omar Bennett
The NHS Constitution, which outlines the rights of patients, the public, and staff, as well as the NHS's commitments and pledges, was first published in 2009 and has since been updated several times, including in 2012, 2013, and 2021, to ensure it remains relevant and comprehensive. The constitution is a crucial document that guides the NHS in England, and it is legally binding for all NHS bodies and providers.
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What You'll Learn
- The NHS Constitution was first published in 2009 and has been amended twice since then
- All NHS bodies and private and third-sector providers must follow the Constitution
- The Constitution is renewed by the government every 10 years
- The NHS Constitution Handbook outlines patients' rights and NHS pledges
- The Constitution is available in multiple languages
The NHS Constitution was first published in 2009 and has been amended twice since then
The NHS Constitution was first published in 2009 and has since been amended twice, in March 2012 and April 2013. All NHS bodies, as well as private and third-sector providers of NHS services in England, are required by law to adhere to the Constitution when making decisions and taking action. The Constitution outlines the rights of patients, the public, and staff, as well as the NHS's commitments and pledges to them. It also details the responsibilities that the public, patients, and staff owe to one another to ensure the NHS runs effectively and fairly.
The NHS Handbook acts as a guide to these rights and pledges, as well as the responsibilities of patients, the public, and staff, and the rights and pledges of the NHS to its staff. It also outlines the legal sources for these rights and pledges. If a patient feels that their rights have been infringed or that the NHS is not meeting its commitments, they are advised to first speak to their clinician or local NHS to try and resolve the issue immediately.
The Health and Social Care Act 2012 strengthened the legal foundation of the NHS Constitution and placed new duties on the NHS Commissioning Board and Clinical Commissioning Groups to promote it. The Act also extended the duty to uphold the Constitution to the Secretary of State for Health and any new bodies established by the Act. The Constitution is also available in multiple languages to ensure accessibility.
The government is legally required to renew the Constitution every 10 years and cannot make changes to it without the full involvement of staff, patients, and the public. The Department of Health published an updated Constitution in 2013, which included technical amendments to ensure it was up-to-date for the introduction of the new health and care system. This update also reflected the importance of patients being at the heart of everything the NHS does, as emphasised by the Francis report.
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All NHS bodies and private and third-sector providers must follow the Constitution
The NHS Constitution for England was first published in 2009 and has since been updated several times, with the latest changes coming into force in autumn 2021. All NHS bodies, as well as private and third-sector providers supplying NHS services in England, are legally required to adhere to the Constitution in their decisions and actions. This ensures that the NHS operates fairly and effectively, with the patient at the heart of everything it does.
The Constitution sets out the rights of patients, the public, and staff, as well as outlining the NHS's commitments to them. It also details the responsibilities that the public, patients, and staff owe to one another. This includes the NHS's pledges to its staff, such as ensuring fair treatment, providing a safe and supportive working environment, and promoting equal opportunities.
The NHS Constitution is a living document, subject to amendments and updates to reflect the changing needs and priorities of the NHS and its patients. For instance, the Health and Social Care Act 2012 strengthened the legal foundation of the Constitution and placed new duties on the NHS Commissioning Board and Clinical Commissioning Groups to promote it. Additionally, the Constitution must be renewed by the government every 10 years, with the full involvement of staff, patients, and the public.
To ensure accessibility, the Constitution is available in various languages and is accompanied by a Handbook that acts as a guide to patients' rights and pledges, as well as the responsibilities of patients, the public, and staff. The Handbook also outlines the legal sources for these rights and provides information on the existing forms of resolving concerns, including the complaints process. The Department of Health and Social Care has also published supplements, such as the Public Health Supplement, to explain how the Constitution applies to different areas of the healthcare system.
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The Constitution is renewed by the government every 10 years
The NHS Constitution for England is a document that outlines the rights of patients, the public, and staff, as well as the responsibilities that these groups owe to one another to ensure the NHS operates fairly and effectively. It also sets out the NHS's commitments to patients and staff. The Constitution is a living document that is regularly updated to reflect changes in the healthcare system and to strengthen its values and principles.
First published in 2009, the NHS Constitution has since been updated several times. The Health and Social Care Act 2012 strengthened its legal foundation and placed new duties on the NHS Commissioning Board and Clinical Commissioning Groups to promote it. The Act also extended the duty to uphold the Constitution to the Secretary of State for Health and to new bodies established by the Act.
As per the legal duty of the government, the NHS Constitution is renewed every 10 years with the full involvement of staff, patients, and the public. This means that any changes or amendments to the Constitution must be made with the input and approval of these key stakeholders. The Constitution cannot be changed without their participation and agreement.
The process of renewing the Constitution allows for a comprehensive review of the principles, values, and commitments outlined in the document. It ensures that the Constitution remains relevant, up-to-date, and reflective of the evolving nature of healthcare and the needs of those it serves. The renewal process also reinforces the idea that the NHS is committed to putting patients at the heart of everything it does, as emphasised in the Francis report, which highlighted the importance of the Constitution in creating a positive and caring culture within the NHS.
The most recent update to the NHS Constitution was announced in autumn 2021, with new agreements coming into force. This update included the publication of supplements, such as the NHS Constitution Handbook, which provides detailed explanations of the rights and pledges contained within the Constitution. The Handbook acts as a guide for patients, the public, and staff, outlining their rights, responsibilities, and pledges. It also includes an appendix that outlines the legal sources for the rights mentioned in the document.
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The NHS Constitution Handbook outlines patients' rights and NHS pledges
The NHS Constitution Handbook is an immensely useful tool for both patients and NHS staff at all levels. It is a guide to patients' rights and pledges, as well as the responsibilities of patients, the public, and staff. It also outlines staff rights and NHS pledges to its staff. The Handbook is particularly useful to organisations that support and advise patients, their carers and families, and staff. It provides further information on the Constitution, including important policies such as whistleblowing.
The Handbook states that if a patient feels that a right has not been upheld or that the NHS is not meeting its commitments, they should first speak to their clinician or their "local NHS" (currently defined as their PCT) to see if their concern can be resolved immediately. The Handbook also refers to existing forms of resolving concerns, including PALS, and the complaints process (including the Health Service Ombudsman). In the last resort, patients and staff can seek legal redress if they feel that NHS organisations have infringed the legal rights described in the NHS Constitution.
The NHS Constitution Handbook is updated regularly to reflect current policy and legislation and to make the Constitution a more practical document. For instance, in April 2015, the way hospitals are inspected changed with the Care Quality Commission becoming regulators of fundamental standards. The NHS Constitution now reflects a series of fundamental standards below which the standard of care must never fall. The Handbook is also updated to reflect changes to the law, the healthcare system, and the current support available to NHS users. For example, following the Health and Social Care Act 2012, new duties were placed on the NHS Commissioning Board and Clinical Commissioning Groups to promote the Constitution.
The Secretary of State for Health and Social Care has a statutory duty to review the Handbook to the NHS Constitution every three years. The last review was carried out in January 2022, and the Handbook was updated to reflect changes to the law, the healthcare system, and the current support available to NHS users.
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The Constitution is available in multiple languages
The NHS Constitution was first published on 21 January 2009. It was one of the recommendations in Lord Darzi's report, 'High Quality Care for All', which was published on the 60th anniversary of the NHS. The NHS Constitution outlines what staff, patients, and the public can expect from the NHS, including its 'Purpose', 'Principles', and 'Values'. It also details the 'Rights', 'Pledges', and 'Responsibilities' for both staff and patients.
The NHS Constitution is accompanied by a handbook that acts as a comprehensive guide to patients' rights and pledges, as well as the responsibilities of patients, the public, and staff. This handbook is also available in various languages, ensuring that individuals from different linguistic backgrounds can understand their rights and obligations.
The handbook outlines the legal sources for both patient and staff rights, empowering individuals to take action if they feel their rights have not been upheld or if the NHS is not meeting its commitments. It provides guidance on the steps to take, starting with speaking to a clinician or local NHS to resolve concerns immediately. The handbook also refers to existing processes for addressing concerns, such as PALS and the complaints process, including the option of legal redress as a last resort.
The availability of the NHS Constitution and its handbook in multiple languages is a testament to the NHS's commitment to inclusivity and accessibility. By providing information in different languages, the NHS ensures that individuals from diverse linguistic backgrounds can understand their rights, responsibilities, and the services available to them. This accessibility empowers individuals to actively participate in their healthcare journey and make informed decisions about their well-being.
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Frequently asked questions
The NHS Constitution for England was first published in January 2009.
The government has a legal duty to renew the constitution every 10 years.
The NHS Constitution outlines the rights of patients, the public, and staff, as well as the responsibilities that the public, patients, and staff owe one another to ensure the NHS runs fairly and effectively.
The NHS Constitution also includes a commitment from the government to produce a statement of NHS accountability, explaining how decision-making works in the NHS.
All NHS bodies, private and third-sector providers supplying NHS services in England are required by law to take account of the Constitution in their decisions and actions.
