Question to the Department of Health and Social Care:

To ask the Secretary of State for Health, what mechanisms NHS England has in place to ensure that clinical commissioning groups are fulfilling their statutory responsibility to commission certain health services to meet the reasonable requirements of the persons for whom it has responsibility in (a) the prescribing of medical nutrition according to NICE Clinical Guidance 32 2006 and (b) commissioning other health services in line with section 13(2) of the Health and Social Care Act 2012.

NHS England has a statutory duty to carry out an annual performance assessment of each clinical commissioning group (CCG) and, in 2016/17, introduced the CCG Improvement and Assessment Framework. This framework is aligned to delivery of the Five Year Forward View and NHS Planning Guidance.

The Framework brings together in one place NHS Constitution and other core performance and finance indicators, outcome goals and transformational challenges. CCGs are also assessed against a range of indicators that consider their delivery of commitments, improved health outcomes for their populations and whether they are well-led organisations. This provides assurance that CCGs are effective commissioning organisations.

Where necessary, NHS England is supported by legislation in exercising formal powers of direction if it is satisfied that a CCG is failing or is at risk of failing to discharge its functions.

It is a matter for CCGs to determine how best to commission services to meet the health needs of their local population, and they should have regard to National Institute for Health and Care Excellence guidance in doing so.