F131 Response Accepted

Development of alternative sources of provision

Recommendation

Commissioners need, wherever possible, to identify and make available alternative sources of provision. This may mean that commissioning has to be undertaken on behalf of consortia of commissioning groups to provide the negotiating weight necessary to achieve a negotiating balance of power with providers.

Published Evidence Summary
The following publicly available evidence relates to this recommendation:
- The Provider Selection Regime (PSR), introduced in January 2024 under SI 2023/1348, provides commissioners with a structured framework for identifying and selecting alternative providers. The PSR includes the competitive process (open competition between providers), the most suitable provider process (comparative evaluation), and the direct award process, enabling commissioners to identify and commission from alternative providers where current provision is inadequate (Provider Selection Regime, NHS England).
- The Health and Care Act 2022 enables ICBs to enter into joint commissioning arrangements with other ICBs and with NHS England, providing the "negotiating weight" that Francis identified as necessary. ICBs can collaborate on commissioning to achieve economies of scale and to access a wider range of potential providers (Health and Care Act 2022, s.14Z50).
- NHS England directly commissions specialised services on a national basis, ensuring that commissioning of highly specialised services has sufficient scale and expertise. The specialised commissioning function was integrated into NHS England from April 2013 and uses national contracts with providers (NHS England specialised commissioning).
- The independent sector has been an increasingly significant provider of NHS-funded services. NHS England data shows that independent sector providers deliver a growing proportion of elective care, providing commissioners with alternative sources of provision (NHS England elective recovery programme).
How was this evidence gathered?
Evidence searched by Claude (Anthropic) on 10 Apr 2026
Checked data held on this site (government responses, progress updates, independent evidence)
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.
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
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
01 Jul 2022
Legislation - Integrated Care Boards (Health and Care Act 2022)

Clinical Commissioning Groups replaced by 42 Integrated Care Boards from 1 July 2022 under Health and Care Act 2022. ICBs have broader responsibilities for population health, bringing together NHS organisations, local authorities and partners. Implements some Francis recommendations on commissioning integration.

Health and Care Act 2022 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.

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
Commissioners Primary
Recommendation age 13.3 yrs
Last formal update 4576 days ago