Continuing Care: Liability

(asked on 17th April 2023) - View Source

Question to the Department of Health and Social Care:

To ask His Majesty's Government whether NHS continuing healthcare managers within a Clinical Commissioning Group have a duty of care to those whom they support; and if so, whether (1) the duty of care includes ensuring rigorous monitoring and supervision of the services commissioned, and (2) this includes services provided by care agencies.


Answered by
Lord Markham Portrait
Lord Markham
Parliamentary Under-Secretary (Department of Health and Social Care)
This question was answered on 2nd May 2023

Clinical Commissioning Groups have been replaced by integrated care boards (ICBs), effective as of 1 July 2022. As set out in legislation and statutory guidance, ICBs deliver NHS Continuing Healthcare (NHS CHC) for their local area.

ICBs have a duty of care for individuals eligible for NHS CHC as part of their care planning, commissioning of services, and case management responsibilities. One element of ICB case management is monitoring and supervising services commissioned as part of NHS CHC packages, including services provided by care agencies. In this way, ICBs ensure that the agreed care and support package meets the individual’s needs and can identify and act on any issues arising in the provision of NHS CHC. ICBs therefore ensure that quality standards are met and sustained, as set out in the NHS Standard Contract.

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