Background
The Department of Health White Paper, published in July 2010, set out the Government’s long-term vision for the future of the NHS, including the new framework for GP Commissioning and changes to the system of public involvement in health and social care services. There was to be a new system called HealthWatch. White Papers are an initial proposal of the governments ideas on a subject, issued for general comment and consultation. Members of the LINk Committee met in early October 2010 to put together a collective response to the HealthWatch proposals in the White paper consultation (our response can be viewed by clicking the relevant link on the right hand side of this page). The Health and Social Care Bill was introduced to Parliament in January 2011, to take the ideas in the White Paper forward to becoming law. The Bill proposed the creation of a national organisation called "HealthWatch England", and the creation of a "Local HealthWatch" organisation for each local authority area in England.
HeathWatch England is proposed to be a "new independent consumer champion", and will be a part of the Care Quality Commission (the body which regulates health and social care).
Local Involvement Networks will "become the Local HealthWatch", and will ensure that views and feedback from patients and carers are a key influence in local decision-making about health and social care. They may also have new functions in the field of health and social care of supporting people who wish to make complaints and a scrutiny and challenge role.
Developments since March 2011
Following the expression of many concerns about the proposals, the Coalition Government agreed a two-month "Pause" and "Listening Period" during April and May this year. During this time, the NHS Future Forum collected views from the public and from care professionals. They published their report on this, and the Government responded with commitments to make changes to the Bill. These have included a newly explicit requirement in the legislation that Local HealthWatch membership is representative of different users, including carers. Another important new provision is that HealthWatch England will be able to set up a "Citizens' Panel".
The Government's timetable plans for the Bill to be given Royal Assent by, or soon after, the end of 2011, and it was announced that the start of Local HealthWatch would now not be until October 2012.
Current Position
The Bill returned briefly to the Commons in September 2011 for a Third reading, and on the following day proceeded straight to the House of Lords.
On 11 October, after a Parliamentary break for the Party Conferences, the Second Reading in the Lords commenced. Since around 100 Peers had indicated their wish to speak in the debate (an unusually high number), the Second Reading was extended over two days. Two proposals were put by Lord Rea and Lord Owen to the Lords. Lord Rea's would have sent the Bill back to the Commons without agreement; Lord Owen's would have remitted it to a "Select Committee" of the Lords, which would have ensured intense scrutiny of the Bill's details and possibly extended its Lords' timetable to the extent that it could have failed to gain Royal Assent in the required timescale, and failed to become law. Both Lord Rea's and Lord Owen's proposals were rejected by the Lords (to the surprise of many). The Bill therefore passed its Second Reading in the Lords, and will go on to the Lord's Committee stage on 25 October. This means that the Bill is still running to timetable, and the Government's timetable for it becoming law could still be met.
However, the debates that took place during the two days of the Second Reading were very thorough, and largely expressed concerns about many areas of the Bill. If this was an accurate indication of things to come, then the Bill could have a very difficult and slow passage through the Lords. The Government have indicated that it will be prepared to accept amendments from the Lords to ensure progress of the Bill to the statute book.
One of the issues that the Lords have flagged-up as a major concern in the Bill is HealthWatch, and they have said that they think that both Healthwatch England and the Local HealthWatch organisations should be completely independent of both the Care Quality Commission and Local Authorities. This would be a major change if the Government accepted it. Another concern expressed was that HealthWatch should have more powers, with perhaps a power to refer issues directly to the Secretary of State.
Until October 2012, the LINk will continue to work with its statutory partners to develop Local HealthWatch, and to carry out the LINk's existing duties.
Latest - Relevant Links and Documents:
LINks Exchange latest newsletter on HealthWatch - October 2011CQC Publication - 'Preparing for HealthWatch' - October 2011
Health & Social Care Bill as amended in Commons Committee - July 18th
Health & Social Care Bill - HealthWatch England Section - 18 July 2011
Health & Social Care Bill - Local HealthWatch Section - 18 July 2011
HealthWatch Advisory Group Bulletin, Issue 1 - 22 June 2011
Government Response to the NHS Future Forum Report - 20 June 2011
NHS Future Forum Recommendations to Government - 13 June 2011
Together for a Stronger NHS: NHS Listening Exercise - April 2011
HealthWatch - Department of Health Transition Plan - March 2011
Department of Health webpage: 'Modernisation of health and Care'
Care Quality Commision (CQC) webpage on HealthWatch
CQC Feedback page and E-bulletins for LINks
Background Information
NS LINk Response to White Paper and HealthWatch Proposals - Oct 2010
HealthWatch - Department of Health Proposals
HealthWatch - Department of Health Consultation Document
Health White Paper - Equity & Excellence, Liberating the NHS - July 2010