Commentary on Sections Introduction
512.Section 237 of the National Health Service Act 2006 (‘‘the 2006 Act’’) requires the Secretary of State to continue the establishment of Patients' Forums for NHS trusts, Primary Care Trusts and NHS foundation trusts. The principal role of Patients’ Forums is to monitor and review the provision of health services on behalf of patients.
513.Section 243 of the 2006 Act provides for the Commission for Patient and Public Involvement in Health ("CPPIH"). The CPPIH represents, supports, and manages the performance of, Patients’ Forums. It also has a role in advising the Secretary of State on arrangements for public involvement in, and consultation on, matters relating to the health service.
514.Part 14 of the Act makes provision for the abolition of Patients’ Forums and the CPPIH. In their place, it imposes a duty on local authorities to make contractual arrangements for the involvement of people in the commissioning, provision and scrutiny of health services and social services. It is expected that, under the arrangements, particular bodies (whether existing or newly-created) will be given the task of being the means through which such involvement is achieved. Such a body is referred to as a “local involvement network” (although the Act does not require use of that title).
515.Section 242 of the 2006 Act provides for public involvement and consultation on the planning of the provision of health services, proposals for change in the way that those services are provided and decisions to be made affecting the operation of those services. Section 242 applies to health service bodies in England and Wales. Part 14 of the Act amends section 242 as it applies to certain English health-service bodies. Section 242 also applies to NHS trusts all or most of whose hospitals, establishments and facilities are in Wales: the Act does not alter the way in which sections 242 applies to those trusts.
516.Part 14 amends the 2006 Act so as to impose a duty on Strategic Health Authorities to make arrangements to secure that health service users are involved in matters to be set out in regulations.
517.Part 14 amends the 2006 Act to impose a new duty on each Primary Care Trust and Strategic Health Authority to report on consultation arrangements and the influence that the results of consultation have on commissioning decisions.