Assessing provider capability: guidance for NHS trust boards

Introduction

As part of the NHS Oversight Framework (NOF), NHS England will assess NHS trusts’* capability – using this alongside providers’ NOF segments – to judge what actions or support are appropriate at each trust.

[* ‘NHS trust’ is used throughout this document to refer both to NHS trusts and NHS foundation trusts. The expectations set out in the document apply equally to both types of organisation.]

As a key element of this, NHS boards will be asked to assess their organisation’s capability against a range of expectations across 6 areas derived from The insightful provider board; namely:

  • strategy, leadership and planning
  • quality of care
  • people and culture
  • access and delivery of services
  • productivity and value for money
  • financial performance and oversight

The purpose of this is to focus trust boards’ attention on a set of key expectations related to their core functions as well as encourage an open culture of ‘no surprises’ between trusts and oversight teams.

The purpose of this is to focus trust boards’ attention on a set of key expectations related to their core functions as well as encourage an open culture of ‘no surprises’ between trusts and oversight teams.

NHS England regional teams will then use the self-assessment, along their own views of management and their track record and relevant third-party information, to derive a view of the organisation’s capability based on various factors including ‘grip’ – that is, the board’s ability to understand problems, retain control, and deliver effective action.

Following a national moderation process and NHS England executive board ratification, this rating will be confirmed and then drive the focus of the oversight relationship.

How to use this guidance

This document is designed to help boards make this self-assessment, set out the process and what organisations can expect along the way.

Boards should use it to support an RAG-rated self-assessment (green, amber-green, amber-red, red) against each of the 6 domains of the insightful board, taking account of the 18 supporting capability statements. Boards should consider:

  • the extent to which the provider is meeting each capability statement, based on the returns template
  • the evidence underpinning their view, logging this in the return to the region as well as the issues preventing a ‘green’ return and actions underway to address
  • what, given the above, the overall rating should be in each of the 6 areas

Annex 2 sets out evidence organisations may consider in making the self-assessment.

Regions may ask to see this evidence as part of the follow-up process to determine rating based on their views and third-party intelligence, but it should not be routinely submitted with the return unless requested by regional oversight team.

NHS England will use the self-assessment RAG ratings, its own views, and those of third parties, to propose a capability rating for national moderation.

The self-assessment

This process set out here should not be seen as a ‘tick box’ exercise. As outlined above, the purpose is to promote self-awareness and transparency at NHS trust boards regarding their organisation’s capabilities, strengths, weaknesses and the challenges they face.

It also provides a consistent framework for regional oversight teams to engage with NHS trusts, identify key risks and, over time, assess management’s track record in delivering performance or identifying and addressing issues to ensure strong, sustainable organisations able to deal with challenges as they emerge.

Trusts will have 8 weeks to carry out this self-assessment and return it to regions.

Where boards already conduct effectiveness reviews, they should consider the degree to which these overlap with this self-assessment.

In addition, and to avoid duplication, relevant evidence gathered to support NHS trusts’ annual governance statements can also support the self-assessment.  

Shared leadership arrangements and the capability rating

Under the NOF, all NHS trusts have a separate NOF segment and capability rating, and this is the basis on which NHS England oversees trusts.

We note that, in some cases, separate statutory organisations share a common senior executive team, in either a group or other shared leadership model.

Having a common executive team should not automatically mean a shared capability rating.

Shared leadership across multiple trusts may result in executive teams being stretched and therefore less effective, particularly at more challenged providers.

Consequently, oversight teams will assess capability on a standalone basis at each organisation in question.

Evidence underpinning self-assessments

Annex 2, derived for the advanced foundation trust guide for applicants and shared here for convenience, sets out indicative items that trusts can consider using to gain assurance including annual governance statements and board assurance frameworks.

Boards should use the commentary in their returns to indicate how (for example) the documents used or internal processes provide assurance.

Trusts are not, unless otherwise requested by regions, to routinely include all evidence as documentation in their returns – although regions may specify any particular items they may wish to see.

Summary of the capability assessment cycle

Figure.1: the capability assessment process

Accessible text: 

Figure 1 above sets out the self-assessment process which will take a number of stages across the year:

Generating the capability rating

1. NHS trust boards carry out an annual self-assessment against the 6 domains in The insightful provider board and:

  • using a 4-stage RAG (green, amber-green, amber-red, red), complete each section of the self-assessment, highlighting any areas for which they consider they do not meet the capability statements, the reasons why and the actions being taken or planned
    • note that having specific processes in place is not sufficient if the trust cannot demonstrate the effectiveness of those processes in delivering improvement
  • submit the completed self-assessment template to their regional oversight team with supporting evidence

2. Oversight teams review the self-assessment and:

  • consider their own views of the trust, triangulate these with other information including the trust’s recent operational history, track record of delivery and third-party intelligence (see below)
  • arrive at their own RAG-rated view of each domain
  • based on views across the domains, propose a capability rating for the trust as per the table below

Rating – in either a specific domain or overall

Indicative characteristics – in either a specific domain or overall

Green

High confidence in management

  • Strong track-record across management team
  • No concerns with board’s grip,
  • No reputational issues, system partner or other third-party concerns

Amber-green

Some minor issues that should be addressed

  • No material concerns, but some areas may require a watching brief and as yet are not affecting quality of care, delivery of core services, finance or the wider reputation of the NHS, or
  • Trust in ‘probation’ – no concerns but trust capability recovering from previous concerns before final assurance.

Amber-red

Material issue needs addressing or failure to address major issues over time

  • Serious governance/capability issues in at least one domain or capability statement and/or
  • Trust recovering from red-rating below, with serious issues still present but evidence of improvement and grip

Red

Significant and persistent concerns

  • Serious issues in multiple domains and/or
  • Serious ongoing issues in a single domain that management has been unable to address sufficiently over time
  • Trust in breach of governance licence condition or likely to be.

National moderation

Proposed ratings will be submitted for review with supporting evidence to the provider capability moderation panel comprising regional and national directors.

The panel will then recommend ratings for ratification by NHS England’s executive board.

Following ratification, oversight teams will discuss the capability rating with the NHS trust and consider, in the round, the principal challenges the organisation faces, prioritising issues and the actions needed – for example, monitor something more closely, request follow-up action(s), or refresh the capability rating to reflect concerns if necessary.

Using the capability rating

Across the year the capability assessment informs oversight, for example where:

  • risks flagged in the self-assessment are a concern (e.g. amber-red or red in one or more domains)
    or
  • annual self-assessments do not tally with oversight team’s views or information from third parties
    or
  • subsequent performance/events at the trust or third-party information are a cause for concern such that elements of the self-assessment are no longer valid and, in order to assess ‘grip’, teams may wish trusts to review the basis on which they made the initial assessment
    or
  • improvements at the trust need to be reflected in the rating

The self-assessment

Below we provide indicative examples of the evidence boards should use or lines of enquiry they might consider taking to assess themselves against each of the 6 domains, based on the capability statements within each.

These should not be seen as exhaustive, and we expect trusts will have developed specific approaches to gain assurance against specific statements which we expect to see in returns.

I. Strategy, leadership and planning

Capability statementIndicative evidence or lines of enquiry

1. The trust’s strategy reflects clear priorities for itself as well as shared objectives with system partners.

  • Do plans reflect and leverage the trust’s distinct strengths and position in its local healthcare economy?
  • Are plans for transformation aligned to wider system strategy and responsive to key strategic priorities agreed at system level?
  • Can the board recognise when change is required and to adapt arrangements as the organisation evolves?
  • Does the board understand the key risks to delivering the strategy and ensures these are appropriately assessed and mitigated?

2. The trust is meeting and will continue to meet any requirements placed on it by ongoing enforcement action from NHS England.

  • Is the trust currently complying with the conditions of its licence?
  • Is the trust complying and regulatory instruments – for example, discretionary requirements and statutory undertakings and is there a board-level plan to return to compliance?
  • Is it co-operating with the requirements of any national performance improvement or recovery programmes?

3. The board has the skills, capacity and experience to lead the organisation.

  • Are all board positions filled and/or are there plans in place to address any vacancies? What proportion of board members are in interim/acting roles?
  • Is an appropriate board succession plan in place?
  • Are there clear objectives, accountabilities and responsibilities for all areas of operations including quality, delivering access standards, operational planning and finance?

4. The trust is working effectively and collaboratively with its system partners and NHS trust collaborative for the overall good of the system(s) and population served.

  • Is the trust contributing to and benefiting from its provider collaborative?
  • Can the board evidence that it is working effectively with the wider system, not just focused on the organisation itself – for example, in terms of sharing resources and supporting wider service reconfiguration and left shifts to community care where appropriate and agreed?
  • Do the trust’s operating and financial plans align with those of its commissioning ICB or ICBs, in particular regarding activity and capital expenditure?
5. The trust has an effective cyber security strategy and uses digital technology to support improvement
  • Is there sufficient digital literacy at board level and is digital a core element of discussions regarding planning, delivery, assurance and risk?
  • Is cyber risk included on Board Assurance Frameworks and/or corporate risk registers?
  • Can the board articulate how digital is an enabler across the organisation’s operations – quality, productivity, access and safety – and supports the governance and culture of the organisation
  • Are the trust’s digital plans linked to and consistent with those of local and national partners as necessary?

II. Quality of care

Capability statementIndicative evidence or lines of enquiry

6. The organisation has regard to relevant NHS England guidance (supported by Care Quality Commission information, its own information on patient safety incidents, patterns of complaints and any further metrics it chooses to adopt).

  • The trust can demonstrate and assure itself that internal procedures:
    • ensure required standards are achieved (internal and external)
    • investigate and develop strategies to address substandard performance
    • plan and manage continuous improvement
    • identify, share and ensure delivery of best practice
    • identify and manage risks to quality of care
7. The trust has, and will keep in place, effective arrangements for the purpose of monitoring and continually improving the quality of healthcare provided to its patients
  • There is board-level engagement on improving quality of care across the organisation.
  • Board considers both quantitative and qualitative information, and directors regularly visit points of care to get views of staff and patients.
  • Board assesses whether resources are being channelled effectively to provide care and whether packages of care can be better provided in the community.
  • Board looks at learning and insight from quality issues elsewhere in the NHS and can in good faith assure that its trust’s internal governance arrangements are robust.
  • Board is satisfied that current staff training and appraisals regarding patient safety and quality foster a culture of continuous improvement.

8. Systems are in place to monitor patient experience and there are clear paths to relay safety concerns to the board.

  • Does the board triangulate qualitative and quantitative information, including comparative benchmarks, to assure itself that it has a comprehensive picture of patient experience?
  • Does the board consider variation in experience for those with protected characteristics and patterns of actual and expected access from the trust’s communities?
  • Is the board satisfied that it receives timely information on quality that is focused on the right matters?
  • Does the board consider volume and patterns of patient feedback, such as the Friends and Family Test or other real-time measures, and explore whether staff effectively respond to this?
  • How does the organisation involve service users in quality assessment and improvement and how is this reflected in governance?
  • Is the board satisfied it is equipped with the right skills and experience to oversee all elements of quality and address any concerns?
  • Is the board satisfied that the trust has a clear system to both receive complaints from patients and escalate serious and/or re-occurring complaints to the relevant executive decision-makers?
  • Where there are follow-up actions resulting from CQC inspections, is the trust addressing these and can the board articulate how care will improve as a result?

III. People and culture 

Capability statementIndicative evidence or lines of enquiry

9. Staff feedback is used to both improve the quality of care provided by the trust and monitor and improve staff experience

  • Does the board look at all relevant staff (including trainee) information to monitor the experience of working at the trust and identify areas for improvement? 
  • Does the board engage in staff forums to consider how quality of care can be improved and any cultural/staff experience issues addressed? 
  • Are staff surveys and other information (such as the NHS Staff Standards) routinely reported to the board and issues discussed? Are agreed actions followed up?
  • Does the board monitor the diversity of staff across the organisation to ensure it is representative of its local population?

10. Staff have the relevant skills and capacity to undertake their roles, with training and development programmes in place at all levels

  • Does the trust regularly review skills at all levels across the organisation?
  • Does the board see and, if necessary, act on levels of compliance with mandatory training?
  • Have all staff completed relevant training* and does the board see a log of avoidable staff-initiated events?

11. Staff can express concerns in an open and constructive environment

  • Does the board engage effectively with information received via Freedom To Speak Up (FTSU) channels, using it to improve quality of care and staff experience?
  • Are all complaints treated as serious and do complex complaints receive senior oversight and attention, including executive level intervention when required?
  • Is there a clear and streamlined FTSU process for staff and are FTSU concerns visibly addressed, providing assurance to any others with similar concerns?
  • Is there a safe reporting culture throughout the organisation? How does the board know?
  • Is the trust an outlier on staff surveys across peers?

[*As relevant to their roles, for example, safety, clinical, cybersecurity/information governance, counter fraud, safeguarding, etc]

IV. Access and delivery of services

Capability statementIndicative evidence or lines of enquiry

12. Plans are in place to improve performance against the relevant access and waiting times standards.

  • Is the trust meeting those national standards in the NHS planning guidance that are relevant to it? If not, is the trust taking all possible steps towards meeting them, involving system partners as necessary?
  • Where waiting time standards are not being met or will not be met in the financial year, is the board aware of the factors behind this?
    Is there a plan to deliver improvement?

13. The trust can identify and address inequalities in access/waiting times to NHS services across its patients.

  • The board can track and minimise any unwarranted variations in access to and delivery of services across the trust’s patients/population and plans to address variation are in place.

14. Appropriate population health targets have been agreed with the integrated care board.

  • Is there a clear link between specific population health measures and the internal operations of the trust?
  • Do teams across the trust understand how their work is improving the wider health and wellbeing of people across the system?

V. Productivity and value for money

Capability statementIndicative evidence or lines of enquiry

15. Plans are in place to deliver productivity improvements as referenced in the NHS Model Health System guidance, the Insightful board and other guidance as relevant

  • Does the board use all available and relevant benchmarking data, as updated from time to time by NHS England, to:
    • review its performance against peers
    • identify and understand any unwarranted variations
    • put programmes in place to reduce unwarranted negative variation?
  • Is there a track record of delivery of planned productivity improvements?

VI. Financial performance and oversight

Capability statementIndicative evidence or lines of enquiry

16. The trust has a robust financial governance framework and appropriate contract management arrangements

  • Does the trust have a work programme of sufficient breadth and depth for internal audit in relation to financial systems and processes, and to ensure the reliability of performance data?
  • Have there been any contract disputes over the past 12 months and, if so, have these been addressed?
  • [Potentially more appropriate for acute trusts] Are the trust’s staffing and financial systems aligned and show a consistent story regarding operational costs and activity carried out?
  • Has the trust had to rely on more agency/bank staff than planned?

17. Financial risk is managed effectively, and financial considerations (for example, efficiency programmes) do not adversely affect patient care and outcomes

  • Does the board stress-test the impact of financial efficiency plans on resources available to underpin quality of care?
  • Are there sufficient safeguards in place to monitor the impact of financial efficiency plans on, for example, quality of care, access and staff wellbeing?
  • Does the board track performance against planned surplus/deficit and where performance is lagging it understands the underlying drivers?

18. The trust engages with its system partners on the optimal use of NHS resources and supports the overall system in delivering its planned financial outturn

  • Is the board contributing to system-wide discussions on allocation of resources?
  • Does the trust’s financial plan align with those of its partner organisations and the joint forward plan for the system?
  • Would system partners agree the trust is doing all it can to balance its local/organisational priorities with system priorities for the overall benefit of the wider population and the local NHS?

Inability to make a positive self-assessment

The board may not be able to make a positive self-assessment (amber-red or red) either because it considers the risks in a specific area are too great or its organisation is already manifestly failing in a specific area (for example, delivering on access targets). In these situations – and in line with the ‘no surprises’ ethos – in the self-assessment template boards should provide:

  • the reasons why a positive self-assessment cannot be made against specific criteria and the extent to which these have been outside the trust’s control to address (for example, industrial action, system-wide factors)
  • how long the reasons have persisted
  • a summary of any mitigating actions the trust has taken or is taking
  • if not already shared with oversight teams, a high-level description of trust plans to address the issue, how long this is likely to take and KPIs or other information the trust will use to assess progress

Oversight teams will use this information to form their view of the overall capability of the trust and tailor their oversight relationship with it.

Material in-year changes

In addition to the annual self-assessment, if the board becomes aware in-year of a significant change to its ability to meet any of the self-assessment criteria – for example, an external report reveals material quality risks or an unforeseen cost will affect its financial performance – it should inform the oversight team along with the actions it is taking to address the issue.*

Such in-year changes will likely inform the ongoing regulatory relationship with the NHS England region.

[* For more examples review the ‘Frequently Asked Questions’ in Annex 3.]

Third-party information

As set out in the NOF, third-party information relating to the organisation’s governance and risk profile, staff morale and quality of care provided may inform NHS England’s view of NHS trust capability.

On the principle of ‘no surprises’ we also expect that where trusts subsequently receive third party information that impacts on their self-assessment, they should share this with NHS England. Relevant third parties include:

  • other bodies with regulatory responsibilities, where concerns can reflect weaknesses in internal governance and systems of internal control and oversight – including the Information Commissioner, Human Tissue Agency and NHS Blood and Transplant
  • professional representative bodies, reflecting issues with working conditions, staff morale, operating culture and safety – including the General Medical Council, Nursing and Midwifery Council and Royal Colleges
  • patients and the public, reflecting issues in areas such as patient experience and culture via groups like Healthwatch
  • staff information, reflecting issues in internal culture and inability to speak up, for example via staff survey or whistle-blowers. Boards should have regard to their organisation’s Staff Standards score if available.
  • ICB partners, covering areas like the trust’s willingness to collaborate and deliver shared goals
  • other NHS England teams,* reflecting knowledge from central programmes like quality, cyber assurance or digital maturity
  • relevant oversight groups, including Joint Strategic Oversight Groups (JSOG) and system and regional quality groups
  • other sources as relevant to the NHS trust, including coroners, Parliamentary Health Service Ombudsman, Local Government and Social Care Ombudsman, Ofsted, the trust’s internal and external auditors and even the police.

For further information on relevant information from third parties please review Annex 1.

[*Although technically not ‘third parties’, other NHSE teams can provide important intelligence that may have a bearing on capability.]

Annex 1: Bodies with relevant information on NHS trust capability

Body

Responsibilities

Considerations or areas to look at for NHS trust capability

NHS England

  • Uses the conditions in the NHS trust licence it issues to NHS foundation trusts (and which also applies to NHS trusts in shadow form) to regulate trusts across a range of areas, including delivery of services, quality governance and efficiency, economy and effectiveness of management
  • Oversees the training of healthcare staff. Trusts liaise with it on matters like resident doctor training and NHS England has the power to remove resident doctors from trusts if conditions are unsatisfactory
  • Operates a cyber assurance service to build cyber security across the NHS, assessing alignment to key standards relating to the cyber assessment framework and indicators of good practice
  • Meeting national standards
  • Compliance with the NHS trust licence
  • Resident doctor survey
  • Delivering NHS objectives
  • Collaborating with NHS trusts
  • Cybersecurity

Care Quality Commission

  • Registers organisations to provide care in England, sets regulations covering the care trusts provide, runs an inspection and monitoring regime and publishes NHS trust ratings

With NHS England:

  • Provides joint strategic leadership and alignment for quality through the National Quality Board (NQB)
  • As co-signatories of the NQB guidance for system quality management, work together as part of a culture of open and honest co-operation to identify opportunities for improvement, early warning signs, concerns and risks, and take collaborative action, working with systems to mitigate and manage quality
  • Ensures coherent oversight arrangements are in place for systems, ICBs and NHS trusts to ensure services are safe and effective
  • Shares learning and information about quality risks/concerns in a timely and proactive way, through system quality groups, regional quality groups and wider discussions, and respecting regulatory frameworks
  • Quality of care – are any sites or services operated by the NHS trust classed as ‘Inadequate’?
  • Governance and culture – are there concerns for NHS England arising from the CQC’s well-led review across the whole organisation?

Medicines and Healthcare products Regulatory Agency

  • Regulates medicines, medical devices and blood transfusion components
  • Systems in place to ensure proper and safe use of medical equipment

Human Tissue Authority

  • Regulates the removal, storage, use and disposal of human bodies, organs and tissue
  • Systems in place to safely and legally handle human tissue

The Human Fertilisation and Embryology Authority

  • Regulates and inspects all clinics in the UK providing in vitro fertilisation (IVF), artificial insemination and the storage of human eggs/sperm/embryos – this may include some trusts
  • Systems in place to meet standards associated with IVF and related procedures

The Health & Safety Executive

  • Has a national remit over matters like workplace safety, estates conditions which covers trusts
  • Systems in place to ensure staff, patients and the public work in a safe environment

The Information Commissioner’s Office

  • Has a national role to uphold information rights in the public interest May be in contact with trusts regarding patient confidentiality, for example setting data requirements
  • Systems in place to manage data securely and in compliance with all relevant standards

NHS Counter Fraud Authority

  • Investigates reports of fraud, bribery and corruption across the NHS
  • Systems and culture in place to ensure zero tolerance of fraud, bribery and corruption at the NHS trust

Professional regulators:

  • General Medical Council
  • Nursing and Midwifery Council
  • General Chiropractic Council
  • General Dental Council
  • General Optical Council
  • General Osteopathic Council
  • General Pharmaceutical Council
  • Health and Care Professionals Council
  • Social Work England
  • Together with NHS England, ensure proper standards of practice in respective professions to protect, promote and maintain the health and safety of the public
  • Most have responsibilities across the UK and all regulate professionals regardless of whether they work in the NHS or the independent sector
  • As a designated body, NHS England has a statutory duty under the responsible officer regulations for GPs on the national performers list and for responsible officers from designated bodies across a wide variety of sector organisations
  • NHS England must inform professional regulators where professionals fail to meet the standards. This can lead to an investigation and potentially sanctions such as conditions on practice, suspension or removal from a professional register
  • Responsible for quality assuring the education and training of healthcare professionals. Most can inspect organisations that commission, oversee or provide education, and they have powers to withdraw approval from training programmes, posts or NHS trusts if they are not satisfied that education or training is being provided in a safe or effective way. In April 2023, NHS England took on the previous powers of Health Education England to regulate training NHS trusts and placement hosts
  • Staff can work in and contribute to a safe, sustainable environment that ensures good morale and a healthy working culture that supports high quality care

Local Government and Social Care Ombudsman

Parliamentary and Health Service Ombudsman

  • Provide an independent complaint handling service
  • Evidence of patient or staff concerns at health and care NHS trusts

Health Service Safety Investigations Body

  • Investigates serious patient safety risks that span the healthcare system, operating independently of other regulatory agencies
  • Quality assurance arrangements at NHS trusts

Healthwatch

 

 

  • Shares learning and information through system quality groups, regional quality groups and the NQB to ensure that the views and experience of people and the public inform quality improvement and risk management discussions
  • Note: HM Government currently proposes abolishing Healthwatch. If followed through subject to the will of Parliament, this will need to go through a number of steps before being enacted in legislation. Until then, Healthwatch will continue to gather patient views and evidence and work together with providers and commissioners to improve local services.
  • The NHS trust uses patient and public information in reviewing the care provided at the organisation
  • Is there any evidence of patient concerns that might indicate issues with the provision and oversight of care provided?

Ofsted

  • Investigates education settings, including secure children’s homes and SEND services
  • Is there any evidence of patient concerns that might indicate issues with the provision and oversight of care provided at specific sites managed by the NHS trust?

Coroners

  • Coroners investigate deaths that are unnatural or violent or where the cause is unknown or that took place in prison, police custody or another type of state detention, such as a mental health hospital
  • Is there any evidence of concerns or issues – for example, organisational culture or governance – that may have led to a death at the institution?

Royal Colleges

  • The professional bodies that oversee and regulate various medical specialties. These colleges set standards for training, examinations, and continuing professional development for doctors in their respective fields. They also play a role in policy and advisory work related to their specialties.
  • Do information from Royal Colleges – e.g. anonymised data from surveys of their members – highlight cultural, quality of care or patient safety concerns at the trust?  

Local authorities

  • Along with other roles, local authorities help develop the population health needs assessment. Trusts are expected to work with system partners to meet these needs
  • Is there any evidence that the trust is not an effective system partner across its geography?

Annex 2: Indicative evidence to consider in making capability self-assessments

Domain

Indicative evidence trusts may consider

Strategy, leadership and planning

 

  • Medium term plan/integrated delivery plan.
  • Provider collaborative and other partnership model plans.
  • Clear and effectively cascaded annual objectives for the board.
  • Reports that set out priorities and progress in relation to health inequalities.
  • Plans for delivery of research and innovation.
  • Progress against neighbourhood health guidelines.
  • Digital and data strategy – linked to the ICS strategy and underpinned by a sustainable financial plan.
  • Examples of effective partnership, such as working to deliver data sharing, joint care records, remote consultations.
  • Digital maturity self-assessment ratings/standards under What Good Looks Like framework, digital inclusion.
  • System wide meeting minutes/forums on digital.
  • Digital exemplar status/awards.
  • Performance indicators relating to the use of digital services.
  • Evidence of compliance with national digital standards.
  • System wide meeting minutes/forums.
  • Annual reports on health inequalities
  • System wide meeting minutes/forums (for example, evidence of active participation in ICB System Quality Group).
  • Annual reports on health inequalities as well as any reports which set out priorities and progress against them and improving outcomes and experiences.
  • Equality impact assessments (EQIAs).
  • History of filling board vacancies and position with interims
  • Robust gap analysis of board skill sets.
  • Clear succession planning.
  • The outputs of board effectiveness reviews, for example, undertaken against the Insightful Provider Board guidance.
  • Compliance with the requirements of the fit and proper person test (FPPT) framework.
  • Implementation of the Management and Leadership Framework.
  • Compliance with the forthcoming Code of Practice for NHS Managers.
  • Operating model overview.
  • Sample of board and committee papers and terms of reference demonstrate that the robustness, effectiveness and clearly defined roles of committees allow the board the time and space it needs to focus on strategic matters.
  • Board effectiveness reviews, history of use of internal and external review.
  • Board and committee agendas and papers.
  • Board assurance framework (BAF).
  • Risk registers.
  • Medium-term plan and integrated delivery plan.
  • Action and mitigation plans in relation to key risks and regulatory requirements.

Quality of Care (note: includes Quality Governance)

  • Trust documents of delivery of CQC action plans and governance arrangements.
  • Any assurance reports or external reviews, including national statutory and non-statutory inquiries, that demonstrate that actions have been addressed and compliance has been sustained.
  • Clinical audit, and any publication, reports or audits shared widely across organisation and beyond, for example, clinical audit outliers and action plans. Internal or external QG reviews or audits.
  • Learning from prevention of future deaths reports including national statutory and non-statutory inquiries.
  • Outcomes of quality (including safety) visits/reviews including walkarounds and ward accreditations.
  • Processes and systems used by the board to ensure there is sustainable quality assurance.
  • Board Assurance Framework and IPR and risk registers.
  • Quality committee papers and minutes.
  • Quality and delivery metrics.
  • Quality account and clinical and quality strategies.
  • System wide quality meeting minutes and forums.
  • Contribution to/ leadership of any system-wide quality improvement programme, including ICB System Quality Groups.
  • Participation in and action resulting from clinical audits.
  • System wide quality improvement programmes demonstrating co-productive and collaborative working arrangements.
  • Examples of sharing best practice, notes in board meeting minutes or divisional level meeting notes.
  • Evidence of Board knowledge and discussion of national guidance and best practice and accreditation such as clinical audits,
  • Experience of Care Improvement Framework, Getting It Right First Time (GIRFT), clinical senate and application of national frameworks.
  • Staff and patient surveys, feedback, complaints and other insight reports to board. Staff networks. People strategy.
  • Evidence of systems to monitor patient and carer experience with clear mechanisms to relay feedback to board.
  • Staff training and development update and performance reports to board.
  • Any relevant third-party evidence, for example, Royal Colleges, other regulatory bodies and progress on accreditation.
  • Compliance with all relevant National Patient Safety Alerts.
  • Evidence from relevant provider collaboratives associated with unwarranted variation.
  • Freedom to Speak Up (FTSU).
  • Complaints data and reports.
  • Coroner’s reports or ombudsman referrals.
  • Cultural development assessments and work at board level.
  • Workforce development programmes and delivery plans.
  • Quality focused learning and development approach and programmes.
  • Evidence from papers and minutes from the performance and quality reviews.
  • External reports or audits on quality of reporting.
  • Appointment and training of patient safety specialists, medication safety officers and medical device safety officers.
  • IPR.
  • Board and Quality Committee meeting minutes.
  • Board development work plan.
  • Board member leadership of improvement or innovation projects.
  • Quality governance (QG) architecture including structure and reporting approach and quality governance framework.
  • Internal or external QG or Well Led reviews that have included governance elements and/or audits with progress on any actions identified.
  • Analysis uses statistically appropriate tools which identify and focus on relevant issues, for example, Statistical Process Control (SPC), Pareto.
  • Service level performance reporting.
  • Improvement programmes.
  • Organisational strategy.
  • Quality strategy.

People and culture

  • Workforce reporting to the board, including NHS Staff Standards score
  • Staff survey results and trends, both national and local. Including new Staff Standards information
  • Staff forum feedback which has led to some improvements by the board.
  • FTSU reporting. Duty of Candour. Complaints reporting.
  • CQC views and whistleblowing and FTSU intelligence.
  • In-house staff check-ins, surveys and feedback results.
  • QI training and methodologies.
  • Patient safety specialists, medication safety officers and medical device safety officers appointed and trained.
  • Skills analysis.
  • Performance management.
  • Mandatory training.
  • Sickness and retention data.
  • Patient Safety Incident Response Framework (PSIRF) and Patient Safety Incident Response Plans (PSIRP) and how both demonstrate a just culture.
  • Quality Improvement programme.
  • Workforce strategies and plans for coordination and collaboration and delegation of clinical tasks.
  • Partnership plans (transition of care) across pathways.
  • Workforce Race Equality Standard (WRES) and Workforce Disability Equality Standard (WDES).
  • NHS People Promise Indicators.
  • Any other appropriate workforce data available.
  • Board and People Committee minutes.
  • Equality, diversity and inclusion (EDI) workforce analysis.
  • Educator Workforce Strategy and alignment to the Educator Workforce Planning Framework.
  • Local models for education and training.
  • Skills audits.
  • Staff surveys.

Access and delivery of services

 

  • Performance against NHS Oversight Framework metric scores which relate to planning guidance priorities (NHS Oversight Framework access domain and sub-domains).
  • IPR.
  • Clinical audits.
  • Operational plans.

Productivity and value for money

  • Measurable productivity improvements over the past 12 months, evidenced through cost improvement plans (CIP) delivery reports or efficiency programme updates.
  • Planning processes show the trust has actively identified and addressed unwarranted variation when setting cost reduction and service improvement plans.
  • Board and sub-committee papers routinely reference national benchmarking resources and the latest available guidance. This might include NHS Model Health System, Patient Level Information Costing System (PLICS), NHS Spend Comparison Service, productivity packs and other relevant data to support financial and operational decision-making.
  • The Insightful Provider Board guidance includes examples of relevant indicators and measures.

Financial performance and oversight

  • Historical financial performance of the organisation.
  • Year-to-date performance against plan, and risks and mitigations to the reported financial position.
  • A medium-term financial plan, including a rolling 12-month cash flow forecast to ensure a reasonable cash balance is maintained.
  • The financial modelling assumptions (including capex) applied in the medium-term plan are aligned with the NHS England published guidelines and aligned with the system strategy.
  • Workforce, activity and financial plans are aligned, showing consistency in operational costs and activity (such as workforce plans, financial reports, cost-per-activity analysis).
  • Details of how the trust is collaborating with local partners to contribute to local priorities.
  • A sensitivity analysis demonstrating downside scenarios to the base case, and mitigations.
  • Overall efficiency plan and detail behind significant individual efficiency schemes.
  • Project initiation documents (PIDs) for CIP schemes that demonstrate consideration of realistic phasing.

Annex 3: Frequently asked questions

  1. What is the Provider Capability Assessment?

The provider capability assessment is a key part of our approach to overseeing providers.

It is a structured process that evaluates how trust leadership teams’ ‘grip’ and governance are in delivering safe, effective, and sustainable services.

It combines board self-assessment with NHS England’s independent judgement and information from third parties.

  1. What is the purpose of the assessment and capability rating?

The assessment aims to strengthen board assurance, improve organisational self-awareness, and support a transparent ‘no surprises’ relationship between trusts and oversight teams.

It helps determine the level of support or intervention a trust may require.

  1. Who completes the self-assessment?

NHS trust boards are responsible for completing the self-assessment.

Boards are expected to provide an honest and evidence-based view of their organisation’s strengths, weaknesses, and risks and rate themselves Green/Amber-green/Amber-red/Red in line with the self-assessment return.

  1. What areas are assessed?

Trusts assess themselves across 6 domains: strategy, leadership and planning; quality of care; people and culture; access and delivery; productivity and value for money; and financial performance and oversight.

  1. Is the provider self-assessment the same as the capability rating?

No. The self-assessment is an input to the rating. NHS England regional teams review it alongside performance data, track record, and third-party intelligence to assign a final capability rating (Green/Amber-green/Amber-red/Red).

  1. Is the capability rating the same as the trust’s performance?

No. The rating considers how well boards are managing the operational and other challenges the organisation faces. In some cases, a trust’s performance and delivery may be adversely affected by matters outside management’s immediate control – system factors, industrial action, structural challenges in the local health economy, or alternatively it may have agreed to support other providers at the expense of its own short-term performance. In such cases NHS England may consider that management is demonstrating high capability, grip and resilience in the circumstances.  

  1. How long does the assessment process take?

Trusts typically have around 8-10 weeks to complete and submit their self-assessment. The process aligns with annual planning and reporting cycles in steady state. Regions will review and propose a rating in 5-6 weeks, and moderation should be completed 2-3 weeks after this.

  1. What evidence should trusts use?

Boards should use a wide range of evidence, including internal governance reviews, performance data, quality metrics, and Annual Governance Statements. Evidence should underpin boards’ self-awareness. For a list of suggested evidence to use – drawn from The Insightful Provider Board and the advanced foundation trust process – please refer to Annex 2.

  1. What happens if a trust cannot make a ‘green’ self-assessment?

Boards must clearly explain why, how long issues have persisted, and what actions are being taken. This transparency supports oversight teams in tailoring support and assessing overall capability.

  1. What are the possible capability ratings?

Ratings are: Green (high confidence), Amber Green (some minor concerns in place and/or issues being addressed), Amber Red (material issues), and Red (significant concerns across multiple domains or serious and persistent in a single domain). These reflect NHS England’s confidence in the trust’s leadership and delivery capability.

  1. How is third-party information used?

NHS England considers information from regulators, professional bodies, staff feedback, patients, and partners. This provides a comprehensive view of governance, culture, and performance. A list is attached at Annex 4.

  1. What are ‘material in-year changes’ that might lead to a rating being changed?

These are significant developments that affect a trust’s capability (e.g. deteriorating performance or new risks). Trusts must notify oversight teams promptly if such changes occur. These can include

  • Sudden awareness of emerging issue that will impact delivery of plan trajectory or trigger a financial override under the NOF
  • Any failure to comply with reporting manual requirements
  • Potential qualified audit report
  • Unforeseen Investment or other one-off financial event that will affect plan delivery
  • CQC inspections at any site or service level resulting in an inadequate rating
  • Removal of CQC registration for provision of specific services or at a specific site
  • Significant quality-related issues e.g. coroners’ letters, Royal College concerns, NMC/GMC issues, emerging patient group concerns
  • Emerging issue that will affect delivery of a national priority metric (e.g. industrial action, unexpected facilities issue e.g. ward closure)
  • Enforcement notices or other sanctions from other third parties e.g. Information Commissioner, HSE. HTA
  • Adverse internal auditor report
  • Director resignation or prolonged absence
  1. Are ratings only reduced in-year after the annual process?

No. Where evidence suggests that trusts have addressed some or all the issues uncovered by the assessment process, regional teams will propose revising the rating – following moderation and executive ratification the rating is changed. In 2026/27 ratings have been improved to reflect: better board dynamics, improved delivery vs core standards and stronger board ‘grip’ of material issues. 

  1. How do capability ratings affect oversight?

They are used alongside broader performance segmentation, and inform how NHS England oversees trusts, including the intensity of monitoring, support, and interventions.

  1. How often is the rating process carried out?

The self-assessment and assignment of a rating is conducted annually, with ongoing updates if significant changes occur during the year.

  1. Can trusts use existing processes to support the assessment?

Yes. Trusts are encouraged to use existing governance processes and documentation, such as board effectiveness reviews, Board Assurance Frameworks and Annual Governance Statements, to avoid duplication.

  1. What is expected from boards during the process?

Boards are expected to demonstrate openness, realism, and evidence. The process is intended to encourage honest reflection rather than a compliance exercise.

  1. How does it differ from the CQC’s well-led system?

The capability rating is principally a tool for oversight teams to gauge, in-year, the extent to which boards are managing to deliver their trust’s priorities for patients, the wider NHS and taxpayers. CQC inspections based on its well-led framework (published April 2024) are focused on organisational processes, behaviours and culture. These will over time inform our views of providers but they are not the same. The revised approach to well-led can shed insight into important areas like people and culture but at present fewer than 20 trusts have received one. Many trusts have well-led ratings derived from the previous approach dating 7 years.

Oversight teams should therefore treat CQC well-led reports as and when they are published as relevant third-party information to identify any concerns to follow up with trust management. CQC well-led ratings/information that are now over 12 months should be discounted – instead teams should engage with local CQC teams to get their real-time views of providers.

  1. Are ratings published and if so, where?

Ratings can be found here Capability ratings by provider – NHS England Digital


Publication reference: PRN01888_i