Directions and mandatory requests for information

Agenda item: 8.2 (public session) (summary of Cancer Programme Pilots Evaluation Directions 2024 issued to NHS England by the Secretary of State for Health and Social Care in February 2024).
Report by: Jackie Gray, Director of Privacy, and Information Governance
Paper type: For information
28 March 2024

Organisation objective

  • Statutory item; governance

Working with people and communities

What approaches have been used to ensure people and communities have informed this programme of work?

  • N/A

Executive summary

This paper is for the Board’s information only to provide an overview of the Cancer Programme Pilots Evaluation Directions 2024 (Directions) issued to NHS England in February 2024 by the Secretary of State for Health and Social Care (SoS). These Directions have been issued under section 254 and 304(9), (10) and (12) of the Health and Social Care Act 2012 (2012 Act) and section 13ZC and 272(7) and (8) of the National Health Service Act 2006 (the 2006 Act).

The purpose of the Directions (purpose) is to require NHS England to establish an information system for the collection and analysis of data in order to evaluate the effectiveness of the NHS England Cancer Programme pilots. The first 2 collections under the Directions relate to Community Pharmacy and Targeted Lung Health Check Programme cancer pilots. This will enable NHS England to fulfil its commitments for delivering the NHS Long Term Plan ambitions in relation to increasing cancer survival and early diagnosis rates, reducing cancer waiting times, and providing more personalised care for patients both during and after their cancer diagnosis.

Action required

The Board is asked to note the new Directions and the information provided in this paper regarding their purpose, effect, and requirements.

Background

1. Under section 254 of the 2012 Act, the SoS may direct NHS England to establish and operate a system for the collection or analysis of information. These are functions exercisable in relation to the development or operation of information systems in connection with the provision of health services or of adult social care in England. Under section 13ZC of the 2006 Act, the SoS may give NHS England directions as to the exercise of any of its functions. The Directions are issued by the SoS to NHS England under these provisions and are functions which have been transferred to NHS England from NHS Digital under the Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023.

Purpose of the Direction

2. The NHS England Cancer Programme continues to support the recovery of cancer services, funding Pilots to lead change at the local level through cancer alliances, who work in collaboration with integrated care boards and their integrated care systems.

3. NHS Englanf will collect data on all the Cancer Programme pilots (cancer pilots) for monitoring and evaluation purposes, as the programme needs to understand how effective their pilots are individually and together for creating changes to benefit patients, such as improving earlier diagnosis and survival of cancer. It is expected that the data collected under these Directions will be used to evaluate a number of cancer pilots, together and individually.

4. The Purpose of the Directions is to require NHS England to establish an information system for the collection and analysis of data in order to evaluate the effectiveness of the NHS England Cancer Programme pilots. This will enable NHS England to fulfil its commitments for delivering the NHS Long Term Plan ambitions in relation to increasing cancer survival and early diagnosis rates, reducing cancer waiting times, and providing more personalised care for patients both during and after their cancer diagnosis. NHS England will use the data obtained to evaluate the safety and effectiveness of these cancer pilot initiatives in order to:

  1. develop and deliver methodologies to enable faster and more efficient cancer pilot set up and for the improved data collection from health care providers
  2. evaluate the impact from cancer pilots on patient experience, patient outcomes, and wider system outcomes
  3. measure the cost effectiveness of cancer pilots
  4. support planning and research relating to cancer outcomes.

5. It is anticipated that there will be multiple collections within the scope of these Directions, which operate as framework directions. Each collection will have a separate requirements specification published alongside the Directions (a requirements specification). Two requirements specifications are published with the Directions:

  1. Requirements specification for Cancer Programme pilots – community pharmacy
  2. Requirement specification for Cancer Programme pilots – Targeted Lung Health Check Programme.

Effect and requirements of the Direction

6. From the 15 February 2024, the date of signature of the Directions, NHS England has a legal duty to comply with the Directions, which require it:

  1. to establish and operate such systems for the collection and analysis of information as set out in, and in accordance with the accompanying requirements specifications; and
  2. to analyse the information collected, including linkage to other data lawfully held by NHS England, as NHS England determines is necessary, to achieve the above purpose.

7. These functions are to be exercised in accordance with the requirements specification(s) attached to the Directions (as they may be updated from time to time). Also in accordance with the service levels, support and monitoring requirements, and the reporting and governance requirements notified by the SoS in writing to NHS England. The exercise by NHS England of the functions set out in the Directions is also subject to the statutory guidance issued by the SoS to NHS England under section 274A of the 2012 Act: NHS England’s protection of patient data, 23 May 2023 which is guidance that NHS England has a duty to have regard to when discharging its functions under these Directions.

Approval of acceptance of Directions and publication

8. The National Director of Transformation (Interim) and National Medical Director approved acceptance of the Directions on behalf of the Accounting Officer as set out in the NHSE Scheme of Delegation. The Directions have been published on the NHS England website

Annex 1

Cancer Programme Pilots Evaluation Directions 2024