Organisation objective

• governance
• statutory item

Executive summary

This paper is for the Board’s information only to provide an overview of the NHS Notify Service Directions 2025 (Directions) issued to NHS England in February 2025 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) and regulation 32 of the National Institute for Health and Care Excellence (constitution and functions) and NHS England (information functions) Regulations 2013.

The purpose of the directions (purpose) is to enable NHS England to develop and operate the NHS Notify Service (service). The service will facilitate communication with patients, recipients of adult social care and the public about their health and care.

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. Under Regulation 32, the SoS may direct NHS England to exercise the SoS’s system delivery functions as may be specified in directions. These are functions exercisable in relation to the development or operation of information or communications 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.

2. The directions are issued by the SoS to NHS England under these provisions and are functions which have been transferred to NHS England under the Health and Social Care Information Centre (transfer of functions, abolition and transitional provisions) Regulations 2023.

Purpose of the direction

3. The purpose of these directions is to to enable NHS England to develop and operate the NHS Notify Service, which is designed to provide routine health and care communications to patients (including for the purposes of supporting accessibility) securely, simply, cost effectively and easily through a variety of digital channels. This includes the NHS App Messaging Service, SMS text message and email and physical channels, such as letters, packages, leaflets and test kits. Communictions may be sent either to patients individually or as part of a defined cohort, eg those to be invited to make an appointment for a particular vaccine.

4. The NHS Notify Service is available to health and care organisations who are approved by NHS England to use the service (consuming organsations).  These organisations are:

a. NHS England

b. any public body which exercises functions in connection with the provision of health services or of adult social care in England

c. any person (other than a public body) who provides health services, or adult social care in England, pursuant to arrangements made with a public body exercising functions in connection with the provision of such services or care

d. any person who undertakes health or adult social care research. Use of this element of the service is limited to the NHS England Digitrials Recruitment Service at the point of issue of the direction

5. The NHS Notify Service is responsible for:

a. receiving contact lists from consuming organisations for the intended recipients of their commuication and validating the intended recipient, including through the use of the Personal Demographics Service (PDS)

b. sending the communication in the form requested by the consuming organisation through the NHS App Messaging service, or by other delivery methods such as SMS text message, email, or letter using third-party communication suppliers (data processors)

c. keeping an audit log and providing reports of communications sent, delivery status and associated metadata

d. supporting data accuracy of contact information within PDS

6. Although NHS England is responsible for operating the NHS Notify Service, any consuming organisation, including NHS England, that uses the service, is responsible for:

a. deciding who should receive a communication

b. the purpose of the communication

c. the content of the communication and when it needs to be sent

d. the delivery method (for example by NHS App Messaging Service, SMS text message, email, or by letter)

e. having a lawful basis to send the communication to the intended recipients for the purpose intended. The purpose must comply with the NHS Notify acceptable use policy

f. upholding any opt-outs that apply to the sending of a communication and responding to and managing any individual objections to the communications sent

7. The NHS Notify Service is not be used for direct marketing purposes. Consuming organisations who are responsible for the communications they send, may only use the service to support their legitimate health and care purposes, providing the purpose aligns with NHS Notify acceptable use policy.

Effect and requirements of the direction

8. From the date of signature of the directions, NHS Engalnd will have a legal duty to comply with the directions, which will require it:

a. to establish and operate such systems for the collection and analysis of information as are necessary to meet the above purpose of the directions

b. 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.

9. 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 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 discharing its functions under these directions.

Publication

10. NHS England’s general duties to publish data it obtains under direction under section 260 of the 2012 Act apply, as such NHS England are restricted from publishing data that would identify any individual as per section 260(2)(b) of the 2012 Act. NHS England will publish aggregate statistical data about the operation and usage of the NHS Notify Service and will be published on the NHS Notify website.

Approval of acceptance of directions and publication

11. 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 NHS England Scheme of Delegation. The directions have been published on the NHS England website.

Annex 1

• NHS Notify Directions 2025

Publication reference: Public Board paper (BM/25/14(Pu)