Recommendation 3: Explaining independent sector differences
From Report of the Independent Inquiry into the Issues raised by Paterson, published 4 February 2020.
Recommendation
We recommend that the differences between how the care of patients in the independent sector is organised and the care of patients in the NHS is organised, is explained clearly to patients who choose to be treated privately, or whose treatment is provided in the independent sector but funded by the NHS. This should include clarification of how consultants are engaged at the private hospital, including the use of practising privileges and indemnity, and the arrangements for emergency provision and intensive care.
In brief (written by this site)
The Inquiry recommended explaining differences between National Health Service (NHS) and private healthcare. In July 2026, Baroness Merron of the Department of Health and Social Care stated that it had published patient experience minimum standards for NHS-funded elective care waiting lists, promising an update in due course (Baroness Merron, Jul 2026). The Thirlwall Inquiry legal team found in February 2026 that the government had accepted the recommendation (The Thirlwall Inquiry legal team, Feb 2026). In commentary of September 2024, published in February 2026, the department and NHS England stated that drafting patient information had halted before the July 2024 general election, leaving ministerial agreement on how to proceed outstanding (DHSC and NHS England, Feb 2026).
Sources
AI-generated summary of the record on this page, checked by a second model and automatic checks, 12 Oct 2026. The record below is the sources' own words.
About this summary
This recommendation applies across many organisations. The record reflects central policy activity; adoption in individual organisations may vary.
Government response
Accept
The government will commission the production of independent information to make people aware of the ways in which their private care is organised differently from the arrangements in the NHS. Created in partnership with patients, families and carers, this will be published in 2022, and will include expert views on a range of relevant areas that are backed by data and evidence.
Delivery
Department of Health and Social Care says in progress (17 July 2026)
The Department recognises the importance of ensuring that patients have clear information about their care in the National Health Service, whether delivered by NHS providers or independent sector providers. We have recently published a set of patient experience minimum standards setting out our expectations of providers of NHS funded elective care while patients are on the waiting list.
We will provide an update on this commitment in due course.
From: Health Services: Private Sector (written question UIN HL1831)
DHSC and NHS England say in progress (27 February 2026)
In January 2020, the Independent Healthcare Provider Network (IHPN) and the Patients Association jointly published a short video on what to expect from independent healthcare. IHPN has committed to produce more resources.
The Department of Health and Social Care plans to publish information on the difference in how care is organised between the NHS and Independent Sector. Given the breadth and complexity of the health and care system, this information will focus on hospital-based care in the first instance. Once published, DHSC will work with providers in both the NHS and the Independent Sector to signpost this information as part of the general information patients receive about their care.
The previous government agreed that this information would be drafted in house for publication. Prior to the election on 4 July 2024, the Patients Association had been contracted to support in drafting this information by testing knowledge and text with patients. Due to the pre-election period this work was halted at an early stage of its development. DHSC now intends to seek agreement from Ministers on how to proceed with this recommendation.
Site note: DHSC and NHS England's own account of progress, supplied to the Thirlwall Inquiry in September 2024 and printed in the Inquiry legal team's Review of Implementation of Recommendations from Previous Inquiries into Healthcare Issues (version dated April 2025, published 27 February 2026). It is not a finding of the Inquiry. Their reviewed extent of implementation reads “In progress”. Table row: section 29.2 No. P1 / Action 1.3, PDF page 740-741.
DHSC states no delivery position (15 May 2024)
Action 1.3
In January 2020, the Independent Healthcare Provider Network (IHPN) and the Patients Association jointly published a short video on what to expect from independent healthcare. IHPN has committed to produce more resources. DHSC plans to publish information on the difference in how care is organised between the NHS and IS. Given the breadth and complexity of the health and care system, this information will focus on hospital-based care in the first instance. Once published, DHSC will work with providers in both the NHS and the IS to signpost this information as part of the general information patients receive about their care.
From: The Thirlwall Inquiry: Review of Implementation of Recommendations from Previous Inquiries into Healthcare Issues (version of 15 May 2024), The Department of Health and Social Care
Site note: DHSC's own comments on progress, supplied to the Thirlwall Inquiry in February 2024 and printed in the Inquiry legal team's Review of Implementation of Recommendations from Previous Inquiries into Healthcare Issues (version of 15 May 2024). They are not a finding of the Inquiry. Table row: section 26.2 No. P1 / Action 1.1, 1.2, 1.3, PDF page 729-735.
Earlier statements on delivery (2)
Department of Health and Social Care (29 April 2026)
The Government is committed to fulfilling the recommendation arising from the Paterson Inquiry. Information will be published in due course.
From: Health Services: Private Sector (written question UIN HL16569)
Department of Health and Social Care (15 December 2022)
DHSC will work with stakeholders to produce and publish information on the difference in how care is organised between the NHS and independent sector, which is due to be delivered in 2023.
IHPN has produced, in conjunction with the Patients Association, an animation on what to expect from treatment in the independent sector.
IHPN has committed to produce resources for independent providers to share with patients on safety and governance in the sector.
What other bodies have found
In their own words. These do not change the delivery statement above.
Thirlwall Inquiry legal team (27 February 2026)
Action 1.3:
Accepted by the government.
The government will commission the production of independent information to make people aware of the ways in which their private care is organised differently from the arrangements in the NHS. Created in partnership with patients, families and carers, this will be published in 2022, and will include expert views on a range of relevant areas that are backed by data and evidence.
Site note: The Thirlwall Inquiry legal team's own notes on implementation, from its Review of Implementation of Recommendations from Previous Inquiries into Healthcare Issues (version dated April 2025, published 27 February 2026). The review does not colour its Extent of Implementation cell for this recommendation green; it leaves the cell uncoloured where a recommendation was rejected, where evidence of implementation was insufficient, or where steps had been taken but implementation was not yet complete. Table row: section 29.2 No. P1 / Action 1.3, PDF page 740-741.
Earlier findings (1)
Thirlwall Inquiry legal team (15 May 2024)
Action 1.3:
Accepted by the government. The government will commission the production of independent information to make people aware of the ways in which their private care is organised differently from the arrangements in the NHS. Created in partnership with patients, families and carers, this will be published in 2022, and will include expert views on a range of relevant areas that are backed by data and evidence.
Site note: The Thirlwall Inquiry legal team's own notes on implementation, from its Review of Implementation of Recommendations from Previous Inquiries into Healthcare Issues (version of 15 May 2024). The review does not colour its Extent of Implementation cell for this recommendation green; it leaves the cell uncoloured where a recommendation was rejected, where evidence of implementation was insufficient, or where steps had been taken but implementation was not yet complete. Table row: section 26.2 No. P1 / Action 1.1, 1.2, 1.3, PDF page 729-735.
Source
Responsible bodies
Themes and tags
Who has spoken
- Department of Health and Social Care
Response, delivery statement - DHSC and NHS England
Delivery statement - DHSC
Delivery statement - Thirlwall Inquiry legal team
Finding