Independent sector provider responsibility
We recommend that the government addresses, as a matter of urgency, this gap in responsibility and liability.
- The CQC stated it assesses independent sector providers on their governance mechanisms, taking the MPAF into account during inspections (DHSC and NHS England implementation update provided to the Thirlwall Inquiry, April 2025).
How was this evidence gathered?
Response
Accepted in Part
Response
Accepted in PartAccepted in principle. Government acknowledges gap in legal responsibility when consultants work under practising privileges. CQC strengthened requirements for independent providers to have robust governance over consultants. Consideration being given to whether legislative change needed. Government working with Independent Healthcare Providers Network on voluntary improvements. (Source: Government Response, December 2021)
Progress Timeline
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 Independent Healthcare Providers Network has refreshed the Medical Practitioners Assurance Framework (MPAF) for clinical governance in the independent sector. This framework makes clear that independent sector providers must take responsibility for the quality of care provided in their facilities. CQC assesses all providers, including independent sector providers, on their mechanisms for ensuring high standards of care, taking into account frameworks such as MPAF as appropriate. See recommendation 7 in relation to work on clinical indemnity issues.