Question to the Department of Health and Social Care:

To ask the Secretary of State for Health, pursuant to the Answer of 18 October 2017 to Question 10723, on waiting lists, what steps the Government is taking to ensure that the NHS takes all reasonable steps to offer patients who are waiting more than 18 weeks for elective care a suitable alternative provider.

National Health Service commissioners have a legal duty¹ described within the National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012 to take all reasonable steps to offer an alternative provider appointment where the 18 week waiting time has not been met.

NHS waiting times standards are set out as rights and pledges in the NHS Constitution and the accompanying Handbook to the NHS Constitution. These must be taken into account by all NHS bodies and providers supplying NHS services. The Handbook to the NHS Constitution confirms that patients need to make contact with their provider or local clinical commissioning group before alternative providers can be investigated. NHS England guidance has been published to inform commissioners of their legal duties around waiting times and supply resources to support implementation. This is available on the NHS England website² as part of a suite of materials for commissioners.

The latest published data for September 2017 shows that average waiting times for consultant led referral to treatment remain low, at 6.4 weeks for non-admitted patients and 10.4 weeks for admitted patients.

Notes:

¹http://www.legislation.gov.uk/uksi/2012/2996/pdfs/uksi_20122996_en.pdf

²https://www.england.nhs.uk/resources/rtt