NHS England has established the Independent Patient Choice and Procurement Panel (‘the panel’) to advise on issues relating to the application of:

• Health care services (Provider Selection Regime) regulations 2023
• elements in part 8 of the National Health Service Commissioning Board and Clinical Commissioning Groups (responsibilities and standing rules) regulations 2012 (as amended) related to the qualification of providers by integrated care boards (ICBs) for services where the legal rights to choice apply.

Purpose and scope

The chair of the panel will oversee two distinct processes for the two elements of the panel’s responsibilities and there will be different panel members involved in:

• reviewing representations in relation to the Provider Selection Regime (PSR)
• reviewing patient choice complaints.

Andrew Taylor is the chair of the panel. His appointment as chair of the panel was announced on 11 January 2024.

Providers seeking a review by the panel must ensure that they submit any such requests through the appropriate channels – either for patient choice or for the PSR. Please see below for further details.

More information about patient choice can be found on the NHS England choice website and information about the PSR can be found on the NHS England PSR website.

Patient choice responsibilities of the panel

One function of the new panel is to strengthen existing processes with respect to the qualification of providers by integrated care boards (ICBs) for services where the legal right to choice; and related obligations, apply.

The standard operating procedures for the patient choice element of the panel can be viewed online.

Complaints to NHS England about the qualification of providers by ICBs can be summarised and submitted through completion of a Choice provider complaints pro forma.

If you have questions about patient choice or the application of the patient choice elements of the National Health Service Commissioning Board and Clinical Commissioning Groups (responsibilities and standing rules) regulations 2012 (as amended), you can contact the NHS England Choice team by e-mail at england.choice@nhs.net.

Provider Selection Regime (PSR) responsibilities of the panel

The panel will provide independent advice to relevant authorities in relation to some provider selection decisions.

The terms of reference (ToR) and the standard operating procedures for the PSR element of the panel will be published shortly.

If a provider wishes to request the panel consider their PSR representations, then they must submit their request using a pro forma within 5 working days of receiving the relevant authority’s decision following the relevant authority’s review of their representation. The pro forma will be published shortly.

Please read the PSR statutory guidance and the PSR standard operating procedures before submitting a request for review of the representations to the panel to ensure that the necessary eligibility criteria are met.

The advice, or the summary of the advice, produced by the panel in relation to provider selection decisions will be published online.

Panel members for the PSR element of the panel are currently being recruited. Please see the advertisement for panellists if you are interested in applying for these roles.

If you have any queries about the PSR, please email psr.development@nhs.net.