Revision history

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1. Purpose

The Check and Challenge Group is an independent stakeholder advisory group which provides strategic advice for NHS England’s Data Transformation (DT) portfolio on communications, engagement, and transparency.

It considers patient, public, professional, and ethical context and compliments the Health Data Public Panel, which provides a patient voice on communications and engagement materials.

2. Background

Better use of data brings big benefits for patients, ensuring more joined up care, greater choice, improved health outcomes and ultimately helps saves lives.

Since the NHS was founded in 1948, data has helped us to learn and evolve, making us one of the leading healthcare systems in the world.

To continue to meet the needs of patients, tackle current and future challenges, and to remain a world leader in healthcare, we must continue to adapt.

The 10 Year Health Plan is a key part of the government’s mission to build a future-ready health service by transforming the NHS through 3 major shifts:

• moving care from hospitals to communities
• adopting digital solutions over analogue systems
• focusing on prevention rather than sickness

To deliver these reforms effectively, the government will:

• introduce new operating models
• enhance transparency
• develop a modern workforce aligned with future needs
• reshape the innovation strategy
• implement a new financial approach

Together, these measures aim to create a sustainable, modern, and responsive NHS fit for the future.

Background to the Check and Challenge Group 

The NHS Federated Data Platform (FDP) – Associated Services and Privacy Enhancing Technology contract was awarded in December 2023. At this time there was an identification of the need and importance to have an advisory group in place to provide input and oversight into the programme’s approach, plans, and delivery options, in particular strategic level communication, governance, public engagement and advocacy. The FDP Check and Challenge Group was stood up to support the building of public and professional trust through engaging diverse stakeholders to provide robust, constructive challenge to the programme. In commitment to building transparency and trust, all minutes of the Check and Challenge meeting have been published on the NHS England website.

With the maturation of the FDP Programme, merger of NHS England into the Department for Health and Social Care, publication of the 10 Year Health Plan and associated strategic priorities for the Data Transformation Portfolio there is an opportunity to review the scope of this advisory group. The group will now broaden its remit to provide guidance on 10 Year Health Plan Data Initiatives as the core purpose of the group including single patient record (SPR), FDP and artificial intelligence (AI).

3. Duties and responsibilities

The FDP check and challenge group’s responsibilities include (but are not limited to):

• providing an advisory role on the overall approach, plans and delivery options for DT portfolio, in particular strategic level communications, engagement with professional bodies and the public
• representing their own subject matter expert views or those of their parent organisations (where relevant) in providing feedback
• collating and advocating viewpoints from patient, clinical and data usage communities, including feedback from NHS England’s approaches to engagement
• acting as a senior advisory panel for queries and issues raised through any relevant procurement and programme stage gates, considering patient, public, professional, and ethical context
• providing panel specific recommendations to NHS England
• support early drafting stages of documents to provide constructive feedback within the remit of the terms of reference
• driving and maximising the effective function of the group by ensuring the agenda, scope, structure, and membership remain under regular review and under the responsibility of all members
• significant focus on supporting and scrutinising the delivery of the single patient record (SPR) and the use of AI, which form key components of the 10 Year Health Plan

The group will give members the opportunity to provide expert advice, as well as to raise concerns and flag emerging issues.

The group may seek additional expertise or presentations from external attendees, with prior agreement with the chair and the membership.

The group may receive updates and presentations on an ad-hoc basis from programmes within the NHSEDT. These programmes will have interconnections with each other and will be proposed to the group to confirm presentation ahead of each meeting to ensure the core purpose and responsibilities are not jeopardised.

Ultimately, members will have the ability to inform the agenda.

The chair may request additional steer by email from the group outside of the regular meeting times, if there is an urgent need.

The group is not decision-making and will not have sign-off on approaches or products but will be kept updated by the secretariat of decisions.

The group will give members the opportunity to review and feedback public communications, ahead of publication, where possible.

The group is not a decision-making body; it acts in an advisory capacity and will remain in place until further notice. The need for the group will be reviewed on a quarterly basis.

As an independent stakeholder advisory group which provides strategic advice, this group welcomes a diversity of viewpoints. Participation in the group should not be viewed as any organisation being supportive of the strategic objectives of the portfolio, nor of any support/and or endorsement of an external supplier to the portfolio.

4. Method of operation

Chair

The group will have an independent chair. The current chair is Jacob Lant, Chief Executive, National Voices.

Frequency and length

Monthly, 90-minute meetings. Reviewed as needed.

Up to 1 hour of prep may be required to review meeting papers.

Format

Meetings will be held virtually on MS Teams.

There will also be requests for members to review materials offline or out of the regular meetings to ensure meetings can be focused on feedback and discussion.

Secretariat

Meetings will be supported by NHS England’s FDP Programme Management Office.

Standing agenda items

• apologies
• call for conflicts of interest
• actions review from previous meeting and approval to publish notes
• programme and communications update
• any other business

Governance

The group is accountable to the Data Services Portfolio Board.

At least 1 member of the board will be at each meeting to ensure the views of the Check and Challenge Group are reflected in board meetings.

Apologies and substitutions

Members will be expected to attend as many meetings as possible and are asked to ensure that the secretariat is made aware if they are unable to attend.

Where group members need to send apologies, they are asked to do so with at least 48hrs notice (wherever possible).

Members are permitted to send substitutions, however the secretariate must be made aware.

5. Inputs

The following inputs will be provided to each meeting:

• minutes from the previous meeting
• meeting agenda
• action log
• relevant papers to support agenda items

If any member is unable to attend a meeting it is expected that any updates relating to outstanding actions are provided in advance of the meeting.

6. Escalation process

Any significant concerns or issues should be reported to one of the following:

• Data Transformation Programme Director – Rebecca Llewellyn
• Data Services Portfolio Senior Responsible Officer – Ayub Bhayat
• Digital and Data Transformation Senior Responsible Officer – Ming Tang

Members are also welcome to raise matters confidentially with the chair.

7. Outputs and publication of information about the group

High-level meeting minutes will be produced for each meeting. These will be circulated to group members and once approved at the next meeting, published on NHS England’s website. If, for any reason, confidential conversations are needed, which would prevent them being referenced in meeting notes, this will be made clear in the meeting.

8. Membership

The membership of the Check and Challenge Group is attended by members from a range of organisations with knowledge and expertise regarding health data, patient and public voice, data security and the health system, including:

• National Voices (independent chair)
• National Data Guardian/Office of the National Data Guardian
• Association of Medical Research Charities
• Nottingham University Hospital Trust
• Understanding Patient Data
• Royal College of Surgeons
• Academy of Medical Royal Colleges
• Patients Association
• British Medical Association
• Royal College of General Practitioners
• NHS England
• Department of Health and Social Care
• East Kent Hospitals NHS Foundation Trust
• NHS Confederation
• NHS Chief Data and Analytical Officer Network
• Information Commissioner’s Office

Participation in the group should/will not be viewed as any organisation being supportive of the strategic objectives of the portfolio, nor of any support and/or endorsement of an external supplier to the portfolio.

Membership will be reviewed annually, in consultation with the Data Services portfolio, the Check and Challenge Group chair and members.

The group may seek additional expertise or presentations from external attendees, with prior agreement with the chair and the membership.

9. Confidentiality

We want all members to feel confident that the views they express in the meeting are confidential and will not be shared by other members verbally, or any other means, without permission.

All group members are expected to maintain confidentiality in order to promote honest, frank discussion during group meetings.

Comments and views will not be attributed to group members, without the prior agreement of that member. This includes any in meeting action notes.

Members may be privy to information that is not yet in the public domain and is not for wider discussion.

Members will be informed about what is, and what is not, confidential and asked to maintain absolute confidentiality. Members will be told when previously confidential information is ready to be in the public domain.

10. Declaration of interest

Given the broad range of stakeholders, there may be discussions points or agenda items that crossover with members’ interests outside of the scope of this group, which should be clearly communicated and noted.

At the start of each meeting, the chair will ask group members for declarations of interest, in relation to the Federated Data Platform Programme, or any specific item on the agenda. Any interests must be declared and will be recorded and included in the published action notes.

Members of the panel who have declared an interest will also need to consider any potential or perceived conflict of interest in their contributions to the discussions as a matter of good governance during the meeting and if they feel they are potentially conflicted at any point due to the nature of the discussion, declare this and abstain from the remainder of the discussion.

NHS England will work alongside the chair to review the planned meeting agenda against declared conflicts of interest in advance of each meeting. In any instances where the chair considers that members are at risk of potential or real conflicts of interest and have not recused themselves from the discussion point, the chair will be provided with the authority, alongside NHS England, to formally note this within the public minutes and remind members of their responsibility regarding declarations and conflicts of interests.

This is in alignment with, and adheres to, the NHS England standards of business conduct policy and it’s guidance on managing conflicts of interest.

11. Terms of reference review, adjourning stage and transition

The Check and Challenge Group will review its terms of reference every 6 months to assess delivery against its purpose and responsibilities. The group will also consider incorporating wider NHS England Data Services portfolio programmes as its remit evolves.