NHS Constitution for England

The NHS constitution for England is a formal constitution which, in one document, intends to lay down the objectives of the National Health Service, the rights and responsibilities of the various parties involved in health care, (patients, staff, trust boards) and the guiding principles which govern the service.[1] First published on 21 January 2009 it was one of a number of recommendations in Lord Darzi’s report ‘High Quality Care for All’ as part of a ten-year plan to provide the highest quality of care and service for patients in England.[2] Previously these rights and responsibilities had evolved in common law or through English or EU law, or were policy pledges by the NHS and UK government have now been written into the constitution. It can be seen as a development of the ideas that began with the introduction of the Patient's Charter in 1991.[3]

The NHS Constitution outlines the rights that patients and staff are entitled to, but is not legally enforceable. It is a fairly brief document that is written in plain terms and is simple to understand. Accompanying the constitution is a handbook which gives more information to patients and staff about the constitution, and also provides detail on the legislation that underpins the rights found in the Constitution. A statement of NHS accountability also gives a clear account of the NHS system of accountability, transparency and responsibility.

Guiding principles

In summary, seven key principles guide the NHS in all that it does:

1.The NHS provides a comprehensive service, available to all irrespective of age, gender, disability, race, sexual orientation, religion, belief, gender reassignment, pregnancy and maternity or marital or civil partnership status. The service is designed to improve, prevent, diagnose and treat both physical and mental health problems with equal regard. . It has a duty to each and every individual that it serves and must respect their human rights. At the same time, it has a wider social duty to promote equality through the services it provides, and to pay particular attention to groups or sections of society where improvements in health and life expectancy are not keeping pace with the rest of the population.

2.Access to NHS services is based on clinical need, not an individual’s ability to pay (except in exceptional circumstances sanctioned by Parliament).

3.The NHS aspires to the highest standards of excellence and professionalism to provide high quality care that is safe, effective and focused on the patient experience; in the people it employs, and in the support, education, training and development that they receive; in the leadership and management of its organizations; and through its commitment to innovation and to the promotion, conduct and use of research to improve the current and future health and care of the population. Respect, dignity, compassion and care should be at the core of how patients and staff are treated, not only because that is the right thing to do, but because patient safety, experience and outcomes are all improved when staff are valued, empowered and supported.

4.The patient will be at the heart of everything the NHS does. It should support individuals to promote and manage their own health. NHS services must reflect, and should be coordinated around and tailored to, the needs and preferences of patients, their families and their carers. As part of this, the NHS will ensure that in line with the Armed Forces Covenant, those in the armed forces, reservists, their families and veterans are not disadvantaged in accessing health services in the area they reside. Patients, with their families and carers, where appropriate, will be involved in and consulted on all decisions about their care and treatment. The NHS will actively encourage feedback from the public, patients and staff, welcome it and use it to improve its services.

5.The NHS works across organisational boundaries and in partnership with other organisations in the interest of patients, local communities and the wider population. The NHS is an integrated system of organisations and services bound together by the principles and values reflected in the Constitution. The NHS is committed to working jointly with other local authority services, other public sector organisations, and a wide range of private and voluntary sector organisations to provide and deliver improvements in health and wellbeing.

6.The NHS is committed to providing best value for taxpayers' money and the most effective, fair sustainable use of finite resources. Public funds for healthcare will be devoted solely to the benefit of the people that the NHS serves.

7.The NHS is accountable to the public, communities and patients that it serves. The NHS is a national service funded through national taxation, and it is the Government which sets the framework for the NHS and which is accountable to Parliament for its operation. However, most decisions in the NHS, especially those about the treatment of individuals and the detailed organization of services, are rightly taken by the local NHS and by patients with their clinicians. The system of responsibility and accountability for taking decisions in the NSH should be transparent and clear to the public, patients and staff. The Government will ensure that there is always a clear and up-to-date statement of NHS accountability for this purpose.

The NHS Constitution outlines a series of patient rights, along with commitments from the NHS, to the patient. These are in the areas of;

- Access to health services - Quality of care and environment - Nationally approved treatments, drugs and programmes - Respect, consent and confidentiality - Informed choice - Involvement in your healthcare and in the NHS - Complaint and redress.

Access to health services

The constitution defines rights regarding access to health services, including rights to:

The NHS also commits:

Quality of care and environment

The constitution defines rights regarding quality of care and environment, including:

The NHS also commits:

Nationally approved treatments, drugs and programmes

The constitution defines rights regarding approved treatments, drugs and programmes. Patients have the right to:

The NHS also commits:

Respect, consent and confidentiality

With regard to rights regarding respect, consent and confidentiality, the NHS constitution gives patients the right to:

The NHS also commits:

Informed choice

Patients are given rights under the constitution in relation to informed choice including the right to:

The NHS also commits to:

Involvement in your health care and in the NHS

The NHS recognized fully that the population has rights regarding involvement in their own health care and in the NHS. There are rights to:

8to an open and transparent relationship with the organization providing your care. You must be told about any safety incident relating to your care, which, in the opinion of a healthcare professional, has caused, or could still cause, significant harm or death. You must be given the facts, an apology, and any reasonable support you need.

The NHS also commits:

Complaint and redress

When complaining or seeking redress, patients are given rights to:

The NHS also commits to:

3b. Patients and the public responsibilities

The NHS belongs to us all. There are things that we can all do for ourselves and for one another, to help it work effectively, and to ensure resources are used responsibly

Please:

NHS Staff

4a. Staff rights and NHS pledges to staff


It is the commitment, professionalism and dedication of staff working for the benefit of the people that the NHS serves, which really make the difference. High-quality care requires high-quality workplaces, with commissioners and providers aiming to be employers of choice.

The rights are there to help ensure that staff;

The NHS commits:

4b. Staff responsibilities


All staff have responsibilities to the public, their patients and colleagues.

Staff should aim to:

your wider contribution to the aims of your team and the NHS as a whole

patients, the public, other staff or the organisation itself, at the earliest reasonable opportunity

References

  1. "The NHS Constitution for England". NHS choices. 27 July 2015. Retrieved 27 July 2014.
  2. Sourced from the National Archives
  3. "A consultation on The NHS Constitution" (PDF) (pdf). Department of Health. 30 June 2008. p. 13.

External links

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