Independent sector NHS contract qualification
We recommend that if the government accepts any of the recommendations set out above, it should make arrangements to ensure that these are to be applicable across the whole of the independent sector's workload, where relevant, and not only to those patients covered by the NHS, insured patients and patients who have paid directly for their care, if they are to qualify for NHS contracted work.
- The Department of Health and Social Care confirmed in April 2025 that the recommendation remains not accepted (DHSC and NHS England implementation update provided to the Thirlwall Inquiry, April 2025).
How was this evidence gathered?
Response
Under Consideration
Response
Under ConsiderationNot accepted but kept under review. Government concerned about proportionality and unintended consequences. NHS Standard Contract already requires providers to meet certain standards. CQC registration applies to all providers regardless of funding source. Government monitoring whether voluntary improvements by independent sector are sufficient or whether further measures needed. (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: Not accepted. This recommendation was not accepted by Government. The Government response recognised that patients treated in the independent sector should have the same right to safe treatment as those treated in the NHS. For that reason, it is important that, where the NHS is adopting certain recommendations from the inquiry, these recommendations are also adopted in the independent sector. The previous Government recognised, however, the differences in the ways in which the two sectors operate and the governance models adopted in each case. The previous Government felt that different approaches are therefore often required for achieving change in the independent sector and therefore this recommendation was not accepted.