Following the closure in February of the consultation on whether NHS Managers should be regulated under a new mechanism, FPM looks at the responses received so far. 

Last month the consultation on proposals that NHS Managers should be regulated closed. The proposals included potentially developing a professional register for individuals held by a new regulatory body (joined either voluntarily or compulsorily); creating a ‘barred' list of people deemed unfit to practice due to conduct; with the result that managers are put on a similar footing to doctors and nurses. They may also be required to pay annual registration fees.

Several bodies who responded made their answers public, and the outcome of the consultation is likely to be eagerly anticipated, though no timescale has been set on this yet. Some of the responses made public to date include:

• The main response from both NHS Employers and NHS Providers can be accessed here, dated 18th Feb. In summary they say that introducing a new regulatory framework for NHS Managers is not only desirable but also is inevitable. However they say it should also not create a fear of such accountability, and any new framework must be clear and equitable. They say it will be a chance to raise the standards of the profession, however they also list a number of key risks they believe are present: overregulation could add complexity to already highly-regulated organisations; it could add cost; and it could act as a barrier for aspiring managers to enter senior leadership roles. They have particularly stressed that before any new mechanism is introduced, the existing ones should be enhanced and used properly – like the Fit and Proper Persons Test (FAPPT) or Nolan principles. Finally, they also ask that there will be proper support put in place for senior leaders to help them succeed, and flag the work done in Wales around mandatory standards for managers and how CPD is managed. Regarding the specific mechanism preferred, there are mixed views but on balance there is “an almost even split between the disqualification list or barring functions system, Statutory Professional Register, and Accredited Voluntary Register. As a whole, our members slightly favour a disqualification list or barring functions system as their regulatory mechanism of choice”.
• The General Dental Council responded that they have “a particular interest in any proposed approaches to regulate clinical managers (individuals in managerial positions, who are already registered with a healthcare professional regulator), and the analysis of options around the role of existing healthcare professional regulators”. For them, understanding why the current regulation is not achieving what we want it to achieve is crucial. They were concerned at how regulation would be consistent across the NHS and independent sectors. And they noted that proposals currently only mentioned managers in England – and that they would like to see alignment with all 4 nations of the UK.
• The Healthcare Finance Manager’s Association (HMFA) replied that they supported any plans that would improve the quality of management in the NHS, but that it can be achieved without formal regulation. They are concerned that it risks diverting resources from front-line services, risks duplication of registration admin, and may have unforeseen consequences, such as discouraging people from joining the most challenged organisations “or fear that the regulator fails to distinguish between misconduct and failure for legitimate externally controlled reasons.”
• The College of Optometrists answered that strengthening existing processes will better support NHS Managers an accountability. They believe that registration for clinical managers should only be done once with their existing regulator, rather than duplicated. 

FPM will monitor the progress of this consultation and the responses of key stakeholder organisations in the coming weeks.

In the meantime, to help secure the future and success of your leaders and senior managers, Thornfields has a wide range of workshops for individuals to browse, as well as workshops for organisations to take part in. Follow the links for more details.