Our memoranda of understanding

Care Quality Commission (CQC) is the independent regulator of health care and adult social care services in England. They also protect the interests of people whose rights are restricted under the Mental Health Act.

Areas of information sharing include:

• cross referral of concerns
• approved practice settings
• revalidation of doctors.

Our agreement started in January 2013.

Healthcare Improvement Scotland (HIS) is the national healthcare improvement organisation for Scotland and part of NHS Scotland. Our working relationship supports the maintenance of a regulatory system for healthcare in Scotland. It also promotes patient safety and delivers quality healthcare.

Areas of information sharing include:

• information collected through monitoring of designated bodies and local education providers
• concerns about an organisation’s clinical, quality and educational governance
• concerns that relate to a particular doctor’s fitness to practise
• medical revalidation
• the training environment for medical students and doctors.

Our agreement started in March 2015.

Healthcare Inspectorate Wales (HIW) is the regulator of healthcare in Wales. Our working relationship supports the maintenance of a regulatory system for healthcare in Wales. It also promotes patient safety and high quality healthcare.

Areas of information sharing include:

• cross-referral of concerns
• revalidation for doctors
• exchange of information
• Wales Concordat
• telemedicine.

Both organisations are also members of the Welsh Concordat, which supports the improvement of services for patients, service users and carers in Wales.

Our agreement started in June 2014.

Healthcare Professionals Crossing Borders is an informal partnership of around 50 professional healthcare regulators from Europe that works collaboratively on a range of regulatory issues. Their purpose is to contribute to patient safety in Europe through the effective regulatory collaboration in the context of cross-border healthcare and free movement of healthcare professionals. We are a member of this partnership.

This agreement commits each member to share information about healthcare professionals who have been subject to disciplinary or other sanctions imposed by a competent authority or other relevant body and which might affect the individual’s right to practise his profession, either in his country of establishment or another country.

• It covers sanctions and undertakings arising from criminal behaviour, professional misconduct, professional incompetence or poor performance.
• It also covers sanctions imposed as a result of impaired fitness to practise by reason of ill health.

Our agreement started in November 2011.

The Joint Council for Cosmetic Practitioners are self-regulators of the non-surgical aesthetic industry in the UK and the point of access for the public seeking information about this area of practice and where appropriate for raising concerns about practitioners.

Areas of information sharing include:

• patient safety
• fitness to practise.

Read our full memorandum of understanding commitment

Our agreement started in April 2018.

National Clinical Assessment Service (NCAS) supports local health organisations and individual practitioners to enable effective management of doctors, dentists and pharmacists whose performance gives cause for concern. Its primary duty is to ensure public protection and patient safety.

Areas of information sharing include:

• sharing of expertise and experience in the development of assessment methods and approaches to research projects
• point of referral and post-referral discussions
• in some cases, NCAS may advise referring organisations to make direct referrals to us, in exceptional circumstances, NCAS may make a referral directly Educational initiatives.

Our agreement started in May 2013.

NHS Counter Fraud Service (CFS), now NHS Protect, leads on work to identify and tackle crime across the health service. The aim is to protect NHS staff and resources from activities that would otherwise undermine their effectiveness and their ability to meet the needs of patients and professionals. Ultimately, this helps to ensure the proper use of valuable NHS resources and a safer, more secure environment in which to deliver and receive care.

Areas of information sharing include:

• sharing of expertise and experience in the development of investigative methodologies
• discussions about the strategy or policy of each organisation aimed at increasing the effectiveness of communication between them
• discussions about individual doctors, where one or both.

Our agreement started in March 2005.

The Counter Fraud Service Scotland (CFSS) serves to provide the NHS in Scotland with a comprehensive counter fraud service by delivering:

• pro-active detection of fraud and other irregularities against NHS Scotland
• full and fair investigations into alleged fraud or other irregularities by patients, staff, contractors or suppliers
• open access to those wishing to report fraud and other irregularities
• surveillance and covert human intelligence source management
• provision of specialist advice to assist in the formulation of counter fraud policy and regulations
• recovery of resources fraudulently or corruptly obtained from the NHS.

Areas of information sharing include:

• sharing of expertise and experience in the development of investigative methodologies
• discussions about the strategy or policy of each organisation aimed at increasing the effectiveness of communication between them
• discussions about individual doctors (where one or both organisations are investigating the doctor in question).

Our agreement started in January 2008.

The NHS Education for Scotland (NES) helps to provide better patient care by designing, commissioning, quality assuring and, where appropriate, providing education, training and lifelong learning for the NHS workforce in Scotland. Quality assurance of medical training is discharged in partnership with other bodies concerned with quality and regulation.

Areas of information sharing include:

• ongoing exchange of information and coordination of activities including those involving quality assurance
• bringing specific concerns to each organisation’s attention
• partnership working on standards setting and quality assurance
• professional development of individuals and, where appropriate, their remedial training
• educational provision with other professional bodies
• through the NES role in the delivery of appraisal for doctors and the relationship between revalidation and doctors' appraisal.

Our agreement started in January 2006.

The Practitioner Health Programme (PHP) provides advice, assessment and case management services for doctors with health concerns that relate to a mental health or addiction problem or a physical health problem which may impact on the doctor’s performance. Doctors approaching the PHP have the same rights to confidentiality as any other patient.

Communication between the PHP and ourselves is based on an overriding duty to protect patients, while, protecting confidential health information about individual doctors.

Areas of information sharing include:

• discussions about how best to manage concerns about a doctor, point of referral or post-referral to either organisation
• sharing method development, policies and procedures in relation to the assessment and supervision of doctors who are unwell
• communications and educational initiatives
• evaluation and research
• access to specialist expertise.

Our agreement started in December 2004, and was reviewed in June 2014.

The Office of the Independent Adjudicator (OIA) scheme was designated under the Higher Education Act 2004, which established this independent scheme to adjudicate on student complaints against universities in England and Wales, without charge to complainants. The OIA became designated operator of the student complaints scheme in January 2005.

The OIA contributes to high quality student experience in England and Wales by promoting good practice openness and transparency. The OIA and ourselves will share, proactively and on request, information that supports the other to carry out their key functions.

Areas of information sharing include:

• information relevant to concerns about standards and quality in complaints considered by the OIA
• information we have that may assist OIA in undertaking a review of complaints by individual students or groups of students
• information we have about systemic issues which may assist the OIA in undertaking a review of complaints
• summary information gathered through OIA scheme which identifies broad themes and concerns about quality and standards from across the sector or individual institutions
• information that OIA has that may assist us in regulation.

Our agreement started in November 2014.

The Pathology Delivery Board (PDB) is an oversight body appointed by the Home Office to maintain national standards for forensic pathology. The PDB may take any action within the Disciplinary Rules necessary to maintain the integrity of the Home Secretary's Register and the criminal justice system.

The PDB and ourselves agree to routinely share information in relation to any complaint about a forensic pathologist where the allegations are considered to be serious enough to require further investigation.

We notify the PDB where a decision is taken to begin an investigation into a doctor's fitness to practise if the doctor is known to be a current or former member of the medical register, training to become a forensic pathologist, or applying to join the Home Secretary's Register

The PDB will notify us when a decision is taken to investigate a complaint or concern that calls into question a doctor's suitability for the medial register.

Our agreement started in October 2012.

The Privy Council makes arrangements with the regulatory bodies, the Professional Standards Authority for Health and Social Care and any other person to assist in its appointment functions in relation to the regulators and the Authority. Section 227 of the Health and Social Care Act 2012 amends the National Health Service and Healthcare Professions Act 2002 to provide for this arrangement.

The appointment of members to the governing councils of the following regulatory bodies are covered by this memorandum of understanding:

• General Chiropractic Council
• General Dental Council
• General Medical Council
• General Optical Council
• General Osteopathic Council
• General Pharmaceutical Council
• Health and Care Professions Council
• Nursing and Midwifery Council

The Professional Standards Authority (PSA) for Health and Social Care oversees statutory bodies that regulate health and social care professionals in the UK. They assess their performance, conduct audits, scrutinise their decisions and report to Parliament. They also set standards for organisations holding voluntary registers for health and social care occupations and accredit those that meet them. They were previously known as the Council for Healthcare Regulatory Excellence (CHRE).

Areas of information sharing include:

• notices of GMC fitness to practise hearings
• notification of cases scheduled for GMC fitness to practise hearings
• GMC fitness to practise hearing determinations
• post-hearing correspondence
• GMC fitness to practise hearing transcripts
• GMC fitness to practise hearing exhibits.

Our agreement started in July 2014.

The working relationship between the RQIA and ourselves is part of the maintenance of a regulatory system for health and social care in Northern Ireland which promotes patient safety and high quality healthcare. RQIA is the regulator of health and social care in Northern Ireland.

Areas of information sharing include:

• cross-referral of concerns
• revalidation for doctors
• exchange of information
• telemedicine.

Our agreement started in January 2015.

The Scottish Public Services Ombudsman (SPSO) is Scotland’s Ombudsman. It is the final stage for complaints about councils, the National Health Service, housing associations, colleges and universities, prisons, most water and sewerage providers, the Scottish Government and its agencies and departments and most Scottish authorities.

The responsibilities of the SPSO include investigating and reporting on complaints around maladministration, failure to provide a service or failure in a service by NHS organisations and any organisation providing NHS services which has caused injustice or hardship to a member of the public.

The SPSO and ourselves regularly interact to exchange information and coordinate activity, if the SPSO wishes to bring specific concerns to our attention. Or if we wish to bring specific concerns to the attention of the SPSO.

Areas of information sharing may include:

• external communication issues
• referring issues

or

• investigations and inquiries relevant to both bodies’ functions.

Our agreement started in February 2011.