Reports & recommendations

290 recommendations, each with the government response on the record. Filter by government response or delivery status.

Recommendations (9)

F19
Not accepted

Gaps between the understood functions of separate regulators

Recommendation

There should be a single regulator dealing both with corporate governance, financial competence, viability and compliance with patient safety and quality standards for all trusts.

In brief (written by this site)

The Inquiry called for a single regulator overseeing governance, finance, viability, and patient safety. In commentary of September 2024, published in February 2026, the Department of Health and Social Care (DHSC) and NHS England stated that the recommendation was not accepted by the government (DHSC and NHS England, Feb 2026). The Thirlwall Inquiry legal team found in May 2024 that the government had rejected the recommendation, pursuing instead a single regulatory process dividing duties between separate bodies (The Thirlwall Inquiry legal team, May 2024).

Department of Health and Social Care · 19 Nov 2013 Not accepted
Speaker not recorded. Source: Department of Health, Hard Truths: the Journey to Putting Patients First, volume 2 (Cm 8777-II), November 2013
Not accepted, although we agree with the principle of a single regulatory process. We agree with the principle that there should be a single regulatory process with clearly defined responsibilities across governance, finance and compliance with safety and quality standards. It is important that the system is able to identify and act quickly where there are potential risks to service users and, in ensuring this, that there are clear roles and responsibilities for all those involved in that process. In Patients First and Foremost (2013) we stated that the Care Quality Commission, Monitor and the NHS Trust Development Authority would …
Read full response to F19 (opens in a new tab)
Department of Health and Social Care (Primary)
View details of F19
F61
Not accepted

Consolidation of regulatory functions

Recommendation
A merger of system regulatory functions between Monitor and the Care Quality Commission should be undertaken incrementally and after thorough planning. Such a move should not be used as a justification for reduction of the resources allocated to this area …
In brief (written by this site)

In February 2026, the Department of Health and Social Care and NHS England reiterated that this recommendation was not accepted by the government (DHSC and NHS England, Feb 2026). In May 2024, the Thirlwall Inquiry legal team noted that the government did not merge regulatory functions through the development of a single regulator (The Thirlwall Inquiry legal team, May 2024). The department had originally rejected the recommendation in November 2013, explaining that it intended to keep quality inspection separate from improvement functions rather than creating a single regulator (Department of Health response, Nov 2013).

Department of Health and Social Care · 19 Nov 2013 Not accepted
Speaker not recorded. Source: Department of Health, Hard Truths: the Journey to Putting Patients First, volume 2 (Cm 8777-II), November 2013
Not accepted, although we agee with the principle regarding changes to the regulatory system. While we do not accept this recommendation in the light of the response to recommendation 19, we agree with the principles that it outlines regarding changes to the regulatory system. If changes are required between regulatory functions, they should be considered carefully and implemented appropriately to ensure that the organisational memory is retained and that, where change is needed, it is undertaken after appropriate consultation. However, as outlined in relation to recommendation 19, we do not intend to merge regulatory functions through the development of a …
Read full response to F61 (opens in a new tab)
Department of Health and Social Care (Primary)
View details of F61
F64
Not accepted

Authorisation of foundation trusts

Recommendation
The authorisation process should be conducted by one regulator, which should be equipped with the relevant powers and expertise to undertake this effectively. With due regard to protecting the public from the adverse consequences inherent to any reorganisation, the regulation …
In brief (written by this site)

In commentary from September 2024 published in February 2026, the Department of Health and Social Care and NHS England stated that the government did not accept the recommendation, noting that the latter is responsible for provider licensing, finance, governance, and performance oversight, while the Care Quality Commission handles registration and inspection (DHSC and NHS England, Feb 2026). Previously, in May 2024, the Thirlwall Inquiry legal team found that the government had not accepted the recommendation and did not merge regulatory functions into a single regulator (The Thirlwall Inquiry legal team, May 2024).

Department of Health and Social Care · 19 Nov 2013 Not accepted
Speaker not recorded. Source: Department of Health, Hard Truths: the Journey to Putting Patients First, volume 2 (Cm 8777-II), November 2013
Not accepted, although we agree with the principle of better regulation of the authorisation process. As outlined in relation to recommendation 19, we agree with the principle of better regulation of the authorisation process, but we do not intend to merge regulatory functions. What is needed is radically better coordination between the regulators, and a far stronger focus on the quality and safety of services within the authorisation process, than was the case at Mid Staffordshire NHS Trust. The Department of Health, with the Care Quality Commission’s chief inspectors, is currently developing fundamental standards and will consult on setting these …
Read full response to F64 (opens in a new tab)
Department of Health and Social Care (Primary)
View details of F64
F137
Not accepted

Intervention and sanctions for substandard or unsafe services

Recommendation
Commissioners should have powers of intervention where substandard or unsafe services are being provided, including requiring the substitution of staff or other measures necessary to protect patients from the risk of harm. In the provision of the commissioned services, such …
In brief (written by this site)

In commentary from September 2024 published in February 2026, the Department of Health and Social Care and NHS England confirmed that the recommendation was not accepted, noting that the NHS Standard Contract already provides powers to suspend services, terminate contracts, or agree remedial action plans for unsafe care (DHSC and NHS England, Feb 2026). In its February 2026 review, the Thirlwall Inquiry legal team similarly noted that the government did not accept the proposal (The Thirlwall Inquiry legal team, Feb 2026).

Department of Health and Social Care · 19 Nov 2013 Not accepted
Speaker not recorded. Source: Department of Health, Hard Truths: the Journey to Putting Patients First, volume 2 (Cm 8777-II), November 2013
Not accepted, however we agree the underlying of this recommendation to avoid inaction on the part of regulators and commissioners because of a lack of clarity about their respective roles. The respective roles of commissioners and regulators in their relationships with providers are different and must be distinct. Commissioners arrange the provision of high quality services to meet the needs of the people they are responsible for, and can take direct action with providers when they are not delivering to contractual specifications. The regulators are charged to ensure that providers meet set standards, and to give regulators and commissioners equivalent …
Read full response to F137 (opens in a new tab)
Commissioners (Primary)
View details of F137
F145
Not accepted

Structure of Local Healthwatch

Recommendation

There should be a consistent basic structure for Local Healthwatch throughout the country, in accordance with the principles set out in Chapter 6: Patient and public local involvement and scrutiny.

In brief (written by this site)

In commentary of September 2024, published in February 2026, the Department of Health and Social Care and NHS England confirmed that this recommendation was not accepted by the government (DHSC and NHS England, Feb 2026). In May 2024, the Thirlwall Inquiry legal team also recorded that the recommendation had not been accepted, noting the government's view that local Healthwatch organisations should reflect local circumstances rather than adhere to a consistent form (The Thirlwall Inquiry legal team, May 2024).

Department of Health and Social Care · 19 Nov 2013 Not accepted
Speaker not recorded. Source: Department of Health, Hard Truths: the Journey to Putting Patients First, volume 2 (Cm 8777-II), November 2013
Not accepted, however we share the underlying intention behind this recommendation to ensure consistency of outcomes for local communities with each local Healthwatch organisation providing a strong voice for their local population and helping to shape an effective local health and care system. We believe that local Healthwatch organisations should be set up in a way that best meets the needs and reflects the circumstances of their local communities; taking a top-down approach and imposing a fixed structure would undermine the need for flexibility. We believe that consistency of outcomes – with each local Healthwatch organisation providing a strong voice …
Read full response to F145 (opens in a new tab)
Department of Health and Social Care (Primary)
View details of F145
F183
Not accepted

Criminal liability

Recommendation
It should be made a criminal offence for any registered medical practitioner, or nurse, or allied health professional or director of an authorised or registered healthcare organisation: Knowingly to obstruct another in the performance of these statutory duties; To provide …
In brief (written by this site)

The Inquiry asked that healthcare professionals face criminal liability for obstructing duties or misleading patients. In commentary of September 2024, published in February 2026, the Department of Health and Social Care (DHSC) and NHS England stated that the recommendation was not accepted by the government (DHSC and NHS England, Feb 2026). The Thirlwall Inquiry legal team noted in May 2024 that the government had rejected the proposal, viewing an individual obstruction offence as unnecessary (The Thirlwall Inquiry legal team, May 2024). The department had stated in November 2013 that it did not intend to criminalise untruthful statements, pointing instead to professional regulation and new provider candour requirements (Department of Health response, Nov 2013).

Department of Health and Social Care · 19 Nov 2013 Not accepted
Speaker not recorded. Source: Department of Health, Hard Truths: the Journey to Putting Patients First, volume 2 (Cm 8777-II), November 2013
Not accepted, however we agree with the intention behind this recommendation. The duty of candour is a further drive towards openness and transparency. We have set out in the Care Bill that in future, as a registration requirement with the Care Quality Commission, providers must be open with patients about care failings. We are working with the General Medical Council, Nursing and Midwifery Council and other professional regulators to strengthen the references to candour in their work – including clear guidance that professionals who seek to obstruct others in raising concerns or being candid would be in breach of their …
Read full response to F183 (opens in a new tab)
Department of Health and Social Care (Primary)
View details of F183
F209
Not accepted

Registration of healthcare support workers

Recommendation
A registration system should be created under which no unregistered person should be permitted to provide for reward direct physical care to patients currently under the care and treatment of a registered nurse or a registered doctor (or who are …
In brief (written by this site)

The Inquiry recommended establishing a compulsory registration system for healthcare support workers. The Department of Health and Social Care (DHSC) and NHS England stated in commentary of September 2024, published in February 2026, that this recommendation was not accepted by the Government (DHSC and NHS England, Feb 2026). The Thirlwall Inquiry legal team found in May 2024 that the Government had not accepted the recommendation, noting its reliance on training standards and the Care Certificate rather than compulsory statutory regulation (The Thirlwall Inquiry legal team, May 2024). The department had previously reported in February 2015 that the Care Certificate remained on track for introduction in April 2015 to set out fundamental skills, values, and behaviours for support workers (Department of Health, Feb 2015).

Department of Health and Social Care · 19 Nov 2013 Not accepted
Speaker not recorded. Source: Department of Health, Hard Truths: the Journey to Putting Patients First, volume 2 (Cm 8777-II), November 2013
Not accepted, however we intend to achieve the intention behind this by ensuring that organisations have the right staff with the right skills to deliver care in a safe way. The Government understands that the idea of compulsory, statutory regulation can seem an attractive means of ensuring patient safety however, the Inquiry demonstrates that regulation by itself does not prevent poor care. Regulation can be costly and introduce inflexibility into the system. It should only be considered when it is shown that it is the most effective, appropriate, and proportionate means of protecting the public. We are keeping the situation …
Read full response to F209 (opens in a new tab)
Department of Health and Social Care (Primary)
View details of F209
F212
Not accepted

Training standards for healthcare support workers

Recommendation
The code of conduct, education and training standards and requirements for registration for healthcare support workers should be prepared and maintained by the Nursing and Midwifery Council after due consultation with all relevant stakeholders, including the Department of Health, other …
In brief (written by this site)

In commentary published in February 2026, the Department of Health and Social Care and NHS England reiterated that this recommendation was not accepted by the government (DHSC and NHS England, Feb 2026). In May 2024, the Thirlwall Inquiry legal team likewise recorded that the government had rejected the recommendation as a step towards regulation (The Thirlwall Inquiry legal team, May 2024). The department originally explained in November 2013 that it rejected the proposal because the Nursing and Midwifery Council held no remit for healthcare support workers (Department of Health response, Nov 2013).

Department of Health and Social Care · 19 Nov 2013 Not accepted
Speaker not recorded. Source: Department of Health, Hard Truths: the Journey to Putting Patients First, volume 2 (Cm 8777-II), November 2013
Not accepted, however we intend to achieve the intention behind this by ensuring that organisations have the right staff with the right skills to deliver care in a safe way. This recommendation is a step toward regulation (see recommendation 209) and for the same reasons, we are rejecting this recommendation. The Nursing and Midwifery Council also have no remit for codes of conduct for social care or healthcare support workers. The Cavendish Review recognises the importance of the development of education and training standards which are being developed further.
Read full response to F212 (opens in a new tab)
F213
Not accepted

Training standards for healthcare support workers

Recommendation
Until such time as the Nursing and Midwifery Council is charged with the recommended regulatory responsibilities, the Department of Health should institute a nationwide system to protect patients and care receivers from harm. This system should be supported by fair …
In brief (written by this site)

The Department of Health and Social Care and NHS England stated in September 2024, in commentary published in February 2026, that the recommendation was not accepted by the government (DHSC and NHS England, Feb 2026). In May 2024, the Thirlwall Inquiry legal team similarly found that the government had rejected the recommendation, noting that ministers had instead relied on Care Quality Commission registration standards and guidance on staff appraisal and performance management (The Thirlwall Inquiry legal team, May 2024).

Department of Health and Social Care · 19 Nov 2013 Not accepted
Speaker not recorded. Source: Department of Health, Hard Truths: the Journey to Putting Patients First, volume 2 (Cm 8777-II), November 2013
Not accepted, however we intend to achieve the intention behind this by ensuring that organisations have the right staff with the right skills to deliver care in a safe way. We do not believe that regulation of healthcare assistants and support workers will improve the quality of care. The Nursing and Midwifery Council are an organisation going through a significant change programme focused around delivering their core functions relevant to the regulation of nurses and midwives, and should not be charged with these recommended regulatory responsibilities. In line with the recommendation from the Cavendish Review, the Government has commissioned the …
Read full response to F213 (opens in a new tab)
Department of Health and Social Care (Primary)
View details of F213