Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, what plans he has to strengthen statutory guidance related to the legal duty to commission palliative care services included in the Health and Care Act 2022.

Palliative care services are included in the list of services an integrated care board (ICB) must commission. This promotes a more consistent national approach and supports commissioners in prioritising palliative care and end of life care. To support ICBs in this duty, NHS England has published statutory guidance and service specifications.

The statutory guidance states that ICBs must work to ensure that there is sufficient provision of care services to meet the needs of their local populations, which can include hospice services, available within the ICB catchment. There are no current plans to update the statutory guidance.

The ICBs are expected to follow the statutory guidance in exercising their functions and must pay due regard to it in the planning, commissioning, and delivery of palliative care and end of life care services.

Additionally, NHS England has a legal duty to annually assess the performance of each ICB in respect of each financial year and to publish a summary of its findings. This assessment must assess how well the ICB has discharged its functions.