Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, what assessment his Department has made of NHS Improvement’s guidance of November 2018 that NHS Trust Boards must be satisfied that they have properly involved staff in decision-making when setting up a wholly owned subsidiary company.

Following a consultation period, on 26 November 2018, NHS Improvement published new guidance on the creation of subsidiaries by National Health Service trusts and foundation trusts. The revised regulatory framework strikes a balance between what NHS Improvement considers a sound commercial case for setting up subsidiaries and respecting the NHS freedoms and ability to innovate.

The guidance states that the trust board should certify that it is satisfied that it has “engaged staff in decisions that affect them and the services they provide as pledged in the NHS Constitution, and has plans to comply with any consultation requirements, including staff consultations.”