Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, what assessment he has made of the potential impact of expediting the implementation of section 95 of the Health and Care Act 2022 on the rights of disabled people.

Following commencement of the regulations made under the Health and Care Act 2022, new arrangements will come into effect to make information standards mandatory. Existing standards will need to go through a new process to become mandatory, and once a standard becomes mandatory, organisations will be expected to comply. The timing for the Accessible Information Standard will be considered along with those of the other existing standards. These arrangements are expected to happen this year, once the regulations have been approved by Parliament.

The intent of making information standards mandatory is to improve the rigour of standards, and the consistency of their application. The implementation of Section 95 should have a beneficial impact on those using services, by contributing to the effective operation of the health and care sector. The Accessible Information Standard is intended to improve the accessibility of information, while other standards often specify the technical basis for ensuring that data flows through the system in a usable and standardised form, improving the quality of care and patient outcomes. Information standards do not affect people’s rights.

NHS England commissioned the North of England Commissioning Support Unit to review compliance with the Accessible Information Standard, prior to reviewing the standard. Their findings matched the independent reviews undertaken by Sign Health and Healthwatch, that implementation was inconsistent. NHS England has considered how to strengthen compliance with the standard, including the requirement to identify local implementation leads, and the development and testing of a self-assessment framework.