Organisation objective
- Statutory item
- Governance
Executive summary
This paper is for the Board’s information only to provide an overview of the Collection of Adult Social Client Level (No 3) (Directions) issued to NHS England (NHSE) in June 2023 by the Secretary of State for Health and Social Care (SoS). These Directions have been issued under section 254 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 NHSE to develop and operate the Collection of Adult Social Care Client Level information system to deliver comprehensive data about adult social care services, and to enable key aspects of adult social care service provision and integrated health and care pathways across England to be analysed and reported on at a national level. This will also enable Local Government and Integrated Care Boards to fulfil their statutory functions, in connection with the provision of health services and of adult social care in England.
These Directions will replace the previous NHS Digital Collection of Client-Level Adult Social Care Data (No 2) Direction, which are revoked by these Directions.
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 NHSE 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 NHSE directions as to the exercise of any of its functions. The Directions are issued by the SoS to NHSE under these provisions and are functions which have been transferred to NHSE from NHSD under the Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023.
Purpose of the Direction
2. The Directions require NHSE to develop and operate the Collection of Adult Social Care Client Level information system. The Directions replace the Collection of Adult Social Care (No 2) Directions issued in 2020. The Directions move this collection from a voluntary collection with a limited number of Local Authorities who opted into the collection, in order to test and assure the collection, to a mandatory collection for all Local Authorities in England.
Effect and Requirements of the Direction
3. From the date of signature of the Directions, NHSE will have a legal duty to comply with the Directions, which will require it:
- to establish and operate such systems for the collection and analysis of information as are necessary to meet the above Purpose of the Directions; and
- to analyse the information collected, including linkage to other data lawfully held by NHSE, as NHSE determines is necessary, to achieve the above Purpose.
4. These functions are to be exercised in accordance with the Requirements Specification 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 NHSE. The exercise by NHSE of the functions set out in the Directions is also subject to the statutory guidance issued by the SoS to NHSE under section 274A of the 2012 Act: NHS England’s protection of patient data, 23 May 2023 which is guidance that NHSE has a duty to have regard to when discharing its functions under these Directions.
Approval of acceptance of Directions and publication
5. The National Director of Transformation 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 Digtial website.
6. The Directions require NHSE to develop and operate the Collection of Adult Social Care Client Level information system. The Directions replace the Collection of Adult Social Care (No 2) Directions issued in 2020. The Directions move this collection from a voluntary collection with a limited number of Local Authorities who opted into the collection, in order to test and assure the collection, to a mandatory collection for all Local Authorities in England.
Effect and Requirements of the Direction
7. From the date of signature of the Directions, NHSE will have a legal duty to comply with the Directions, which will require it:
- to establish and operate such systems for the collection and analysis of information as are necessary to meet the above Purpose of the Directions; and
- to analyse the information collected, including linkage to other data lawfully held by NHSE, as NHSE determines is necessary, to achieve the above Purpose.
8. These functions are to be exercised in accordance with the Requirements Specification 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 NHSE. The exercise by NHSE of the functions set out in the Directions is also subject to the statutory guidance issued by the SoS to NHSE under section 274A of the 2012 Act: NHS England’s protection of patient data, 23 May 2023 which is guidance that NHSE has a duty to have regard to when discharing its functions under these Directions.
Approval of acceptance of Directions and publication
9. The National Director of Transformation 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 Digital website.
Publication reference: Public Board paper (BM/23/28(Pu)