F37 Response Accepted

Use of information about compliance by regulator from: Quality accounts

Recommendation

Trust Boards should provide, through quality accounts, and in a nationally consistent format, full and accurate information about their compliance with each standard which applies to them. To the extent that it is not practical in a written report to set out detail, this should be made available via each trust's website. Reports should no longer be confined to reports on achievements as opposed to a fair representation of areas where compliance has not been achieved. A full account should be given as to the methods used to produce the information. To make or be party to a wilfully or recklessly false statement as to compliance with safety or essential standards in the required quality account should be made a criminal offence.

Published Evidence Summary
The following publicly available evidence relates to this recommendation:
- Section 92 of the Care Act 2014 established a criminal offence for care providers who supply, publish, or make available false or misleading information where required by statutory obligation (Care Act 2014, Section 92).
- NHS providers are required to publish annual quality accounts by 30 June each year under the Health Act 2009 and subsequent regulations (NHS England Quality Accounts guidance, January 2025).
- The Department of Health and Social Care stated in April 2025 that NHS Trusts must share these Quality Accounts with local Healthwatch organisations (DHSC and NHS England implementation update to the Thirlwall Inquiry, April 2025).
- The Care Quality Commission and NHS England possess statutory powers to require corrections to errors or omissions in these reports (DHSC and NHS England implementation update to the Thirlwall Inquiry, April 2025).
How was this evidence gathered?
Evidence searched by Gemini (Google) on 30 Jun 2026
Checked data held on this site (government responses, progress updates, independent evidence)
External sources searched: www.gov.uk, www.legislation.gov.uk, hansard.parliament.uk
This recommendation applies across many organisations. The evidence above reflects central policy activity; adoption in individual organisations may vary.
Jurisdiction
England
Response
Accepted
Accepted Department of Health and Social Care
19 Nov 2013

The government published "Hard Truths: the Journey to Putting Patients First" (Cm 8777) on 19 November 2013, responding to all 290 recommendations of the Francis Report. This followed an initial response "Patients First and Foremost" in March 2013. Key reforms included a new Chief Inspector of Hospitals, strengthened Care Quality Commission inspection regime, a statutory duty of candour, and the fit and proper person test for NHS directors. Volume 2 (Cm 8754) contains the government's detailed responses to each of the 290 recommendations. See: https://assets.publishing.service.gov.uk/media/5a7cd486ed915d63cc65d167/34658_Cm_8777_Vol_1_accessible.pdf

Read Full Response
Note: Government responded via "Hard Truths: The Journey to Putting Patients First" (2014), a single document covering all 290 recommendations with a blanket acceptance. Individual recommendation responses were not broken out.
Progress Timeline
Official Report
01 Apr 2025

DHSC and NHS England implementation update provided to the Thirlwall Inquiry (April 2025). This is the government's own account of progress, submitted to the inquiry. Reviewed extent of implementation: Implemented - Ongoing. In response to this recommendation a new offence was created which is set out at section 92 of the Care Act 2014. The offence is applicable to care providers who supply, publish or otherwise make available certain types of information that is false or misleading, where that information is required to comply with a statutory or other legal obligation. The offence also applies to directors, managers, secretaries of similar officers of care providers, where they have consented or connived in an offence committed by a care provider. A defence is available where a care provider can prove it took all reasonable steps and exercised all due diligence to prevent the provision of false or misleading information. As described in our response to recommendation 17 above, NHS Trusts are required to publish Quality Accounts annually and share with the local Healthwatch. The CQC and NHS England have power to require corrections or errors and omissions in these reports.

Published Evidence

Published assessments of progress from inspectorates, select committees, official progress reports, and other sources. Source type badge indicates whether each assessment is independent or government self-reported.

Reasonable Progress
01 Jun 2025
National Guardian's Office - Annual Data 2024-25

Over 1,400 Freedom to Speak Up Guardians across healthcare organisations in England. 38,000+ cases raised in 2024-25, cumulative total exceeds 142,000 since inception. However, NHS Staff Survey 2024 shows only 71.5% of staff feel secure raising concerns about unsafe practice (stagnant for years), and only 57% are confident their organisation would address concerns.

National Guardian's Office Annual Report 2024-25 View Source
Confirmed Completed
01 Jan 2025
NHS England - Quality Accounts

NHS providers required to publish annual quality accounts under Health Act 2009 and NHS (Quality Accounts) Regulations 2010. Strengthened by Health and Social Care Act 2012. Published annually by 30 June. Includes mandatory quality indicators.

NHS Quality Accounts Requirements View Source
limited_progress
15 Oct 2024
DHSC - Penny Dash Review of CQC

Penny Dash Review (commissioned May 2024) found significant failings at CQC. Health Secretary declared CQC "not fit for purpose". Key findings: one in five services never rated; inspection levels well below pre-pandemic levels; lack of specialist inspector expertise; 5,000 notification-of-concern backlog. CQC consulting on resetting its approach from October 2025.

Review into the operational effectiveness of the … View Source
Reasonable Progress
06 Feb 2023
Academic Review - Ten Years After Francis

Research published 2023 marking ten years since the Francis Report found mixed results. Structural and legislative changes largely delivered (duty of candour, FPPR, CQC overhaul, revalidation, Freedom to Speak Up Guardians). However, cultural change not fully embedded; understaffing, fear of speaking up, and poor complaint handling persist in parts of the NHS.

University of Birmingham: Ten years after Francis View Source
Confirmed Completed
12 Feb 2015
Legislation - Criminal Justice and Courts Act 2015

Criminal Justice and Courts Act 2015 received Royal Assent 12 February 2015. Section 20 creates offence of ill-treatment or wilful neglect by care workers (up to 5 years imprisonment). Section 21 creates offence for care provider organisations where systemic failures led to neglect.

Criminal Justice and Courts Act 2015 View Source
Confirmed Completed
11 Feb 2015
UK Government - Freedom to Speak Up Review

Sir Robert Francis published Freedom to Speak Up Review on 11 February 2015 with 20 principles and actions. Led to: Freedom to Speak Up Guardians mandatory in all NHS trusts from October 2016; National Guardian's Office established January 2016.

Freedom to Speak Up Review View Source
Good Progress
11 Feb 2015
UK Government - Culture Change in the NHS

Government published "Culture Change in the NHS" (Cm 9009) reporting progress on all 290 recommendations. Key achievements: 19 hospitals placed in special measures; those trusts recruited 109 additional doctors and 1,805 additional nurses; 129 board-level changes made; excess avoidable deaths fell by 450 in less than a year.

Confirmed Completed
07 Nov 2014
Legislation - CQC Fundamental Standards

New "Fundamental Standards" replaced previous CQC registration requirements from 7 November 2014. Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 introduced clearer minimum standards including: person-centred care (Reg 9), dignity (Reg 10), safe care (Reg 12), staffing (Reg 18), good governance (Reg 17), fit and proper persons (Reg 5), duty of candour (Reg 20).

Health and Social Care Act 2008 (Regulated Activi… View Source
Confirmed Completed
01 Oct 2014
CQC - New Inspection Regime

CQC overhauled its inspection regime in response to Francis. Professor Sir Mike Richards appointed as first Chief Inspector of Hospitals (July 2013). New methodology based on five key questions (Safe, Effective, Caring, Responsive, Well-led) rolled out nationally October 2014. Four-tier ratings introduced (Outstanding/Good/Requires Improvement/Inadequate). Specialist expert-led inspection teams replaced generalist compliance model.

CQC Inspection and Ratings Framework View Source
Good Progress
19 Nov 2013
UK Government - Hard Truths Vol 1 & 2

Government published "Hard Truths: The Journey to Putting Patients First" (Cm 8777) in two volumes. Vol 1 set out new actions; Vol 2 provided detailed response to each of the 290 recommendations. Approximately 204 of 290 recommendations were fully accepted.

Source
Report Report of the Mid Staffordshire NHS Foundation Trust Public Inquiry 06 Feb 2013
Responsible Bodies
NHS Trusts Primary
Recommendation age 13.5 yrs
Last formal update 484 days ago