13
Response
Accepted in Part
Independent sector provider responsibility
Recommendation
We recommend that the government addresses, as a matter of urgency, this gap in responsibility and liability.
Published Evidence Summary
The following publicly available evidence relates to this recommendation:
- In December 2021, the government accepted this recommendation in principle, acknowledging a gap in legal responsibility when consultants work under practising privileges and stating that CQC had strengthened requirements for independent providers to have robust governance (Government Response to the Paterson Inquiry, DHSC, December 2021).
- The December 2022 implementation update stated that the Independent Healthcare Providers Network had refreshed the Medical Practitioners Assurance Framework (MPAF) in September 2022 and that the 2022-2023 NHS Standard Contract required independent sector providers to have regard to the MPAF (Paterson Inquiry Implementation Update, DHSC, December 2022).
- The December 2022 update noted a significant culture shift emphasising independent provider responsibility for standards regardless of employment versus practising privilege arrangements (Paterson Inquiry Implementation Update, DHSC, December 2022).
- No published legislation closing the gap in legal responsibility and liability for patients treated by consultants working under practising privileges has been identified to March 2026.
- The December 2022 implementation update stated that the Independent Healthcare Providers Network had refreshed the Medical Practitioners Assurance Framework (MPAF) in September 2022 and that the 2022-2023 NHS Standard Contract required independent sector providers to have regard to the MPAF (Paterson Inquiry Implementation Update, DHSC, December 2022).
- The December 2022 update noted a significant culture shift emphasising independent provider responsibility for standards regardless of employment versus practising privilege arrangements (Paterson Inquiry Implementation Update, DHSC, December 2022).
- No published legislation closing the gap in legal responsibility and liability for patients treated by consultants working under practising privileges has been identified to March 2026.
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 in Part
Response
Accepted in Part
Accepted in Part
Department of Health and Social Care
16 Dec 2021
Accepted 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)
Source
Inquiry
Paterson Inquiry
Report
Report of the Independent Inquiry into the Issues raised by Paterson
04 Feb 2020
Responsible Bodies
Department of Health and Social Care
Primary
Themes & Tags
Recommendation age
6.3 yrs
Last formal update
1627 days ago