F228 Response Accepted

Administrative reform

Recommendation

It is of concern that the administration of the Nursing and Midwifery Council, which has not been examined by this Inquiry, is still found by other reviews to be wanting. It is imperative in the public interest that this is remedied urgently. Without doing so, there is a danger that the regulatory gap between the Nursing and Midwifery Council and the Care Quality Commission will widen rather than narrow.

Published Evidence Summary
The following publicly available evidence relates to this recommendation:
- The Nursing and Midwifery Council (NMC) stated in April 2025 that it introduced a team of Case Examiners in March 2015 to decide whether there is a case to answer in fitness to practise proceedings (DHSC and NHS England implementation update to the Thirlwall Inquiry, April 2025).
- The NMC stated that the Registrar was granted new powers in 2015 to review Case Examiner or Investigating Committee panel decisions (DHSC and NHS England implementation update to the Thirlwall Inquiry, April 2025).
- The Health and Care Act 2022 replaced Clinical Commissioning Groups with 42 Integrated Care Boards from 1 July 2022 (Health and Care Act 2022, July 2022).
- An independent review in October 2024 declared the Care Quality Commission "not fit for purpose" due to significant operational failings (Penny Dash Review of CQC, DHSC, October 2024).
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
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: Partially implemented – Ongoing. The NMC has made a number of changes aimed at improving its administration. Changes to Fitness to Practise process were identified as key a priority in our response to the Francis Report. In April 2014 it consulted on a range of amendments tor Fitness to Practise and Registration Rules aimed at improving FtP processes and to allow it to function more effectively. Proposals were approved by its Council in October 2014 and implemented on 9 March 2015. In particular, it introduced a new team of Case Examiners to decide whether there is a case to answer, helping improve the efficiency, quality and consistency of decision making. This process was informed by the GMC's process at the time, which had a well-established Case Examiner role. It also introduced new powers for the NMC Registrar to review Case Examiner or Investigating Committee panel decisions where certain criteria is met. This was a significant improvement as previously it did not have the power to review decisions at their own volition, and instead had to wait for judicial review invoked by a third party. These improvements to processes will be taken further with the implementation of regulatory reform which will provide the NMC with a more modern and flexible legislative framework. Our vision for legislative reform in fitness to practise in particular is to create a less adversarial process. Fitness to practise proceedings are a way for us to establish whether a professional can practise kindly, safely and professionally. Hearings are only necessary when there is a need to take regulatory action. The NMC's ambition is to place a greater focus on resolving concerns at an earlier stage and seeking enhanced information-sharing powers so that it can ensure greater transparency and public confidence. There is much more the NMC can do in the interim to deliver a more effective, person-centred and collaborative fitness to practise approach. In March 2024 its Council agreed a Fitness to Practise Improvement Plan which commits £30 million to fitness to practise over the next three years, with a particular focus on investment and improvement over the next 18 months. It will help to ensure the NMC can make decisions that keep people safe in a more timely and considerate way that will be sustainable into the future. The NMC has better data from process reviews and modelling about the impact of its caseload. The NMC is currently in a period of significant organisational challenge and change. In particular, following whistleblowing concerns being in raised September 2023, the NMC commissioned Nazir Afzal and Rise Associates to undertake a review into organisational culture. This was an independent report and was published on 9 July 2024 ('Independent Culture Review'). The NMC has agreed some immediate steps in response to the report and continues to reflect on the recommendations and is planning what actions need to be taken. The Independent Culture Review highlighted fundamental concerns about the NMCs culture, fitness to practise performance, and approach to safeguarding, and found that people working at the NMC have experienced racism, discrimination and bullying. The NMC has publicly apologised for the failings identified, accepted all the recommendations made in the report, and has committed to addressing the report's findings and delivering a wider culture change programme at pace.

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.

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
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
Confirmed Completed
01 Apr 2016
NMC - Nursing Revalidation

NMC Revalidation launched 1 April 2016 in direct response to Francis Report. All nurses and midwives must revalidate every three years. Replaced the Post-Registration Education and Practice system. Updated NMC Code published March 2015 strengthened requirements around candour and raising concerns.

NMC Response to the Francis Report View Source
Confirmed Completed
31 Mar 2015
NMC - Updated Professional Code (2015)

NMC published updated Code of Professional Standards for nurses and midwives (March 2015). Standard 14 specifically requires nurses and midwives to be open and candid with all service users about all aspects of care, including when mistakes or harm have occurred.

NMC Professional Duty of Candour Guidance 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
NMC Primary
Recommendation age 13.5 yrs
Last formal update 484 days ago