Organisation objective
- Statutory item
- Governance
Executive summary
This paper is for the Board’s information only to provide an overview of the Wayfinder Services 2023 (Directions) issued to NHS England (NHSE) in July 2023 by the Secretary of State for Health and Social Care (SoS). These are issued under section 254 of the Health and Social Care Act 2012 (2012 Act), 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 these Directions (Purpose) is to enable NHS England to develop and operate the NHS Wayfinder programme and related services (collectively the NHS Wayfinder Services). The NHS Wayfinder Services will provide services that enable patients to access details of appointments and additional information about NHS Trust referrals and their elective care in the NHS App. Anonymous statistical data obtained through analysis and linkage of data may also be used to support service delivery improvement and strategies which may improve health outcomes for the population and reduce inequalities in health (Purpose).
These Directions replace The Wayfinder (NHS App) Services Directions 2022 issued on 1 September 2022 by NHS England to the NHS Digital, 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. Under Regulation 32, the SoS may direct NHSE 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. The Directions are issued by the SoS to NHS England 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 (Transfer Regulations).
Purpose of the Direction
2. The Directions require NHSE to develop and operate the Wayfinder services in accordance with the Purpose described above. The Directions replace the 2022 Directions prevously issued to NHS Digital by NHS England. Those previous Directions became Directions with which NHSE had to comply as if they were directions issued to NHSE by the SoS from the 1 February 2023, following the merger of NHSD and NHSE, under the Transfer Regulations.The SoS therefore has the power to revoke those previous Directions.
3. The new Directions are neccessary because data collection and processing is being extended beyond the originally specified scope of outpatient appointments and referrals at acute Trusts to include further Trusts and other types of appointments.
Effect and Requirements of the Direction
4. From the date of signature of the Directions, NHS England has a legal duty to comply with the Directions.The functions under the Directions are to be exercised in accordance with the Technical and Requirements Specifications 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.
5. 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
6. 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 and the Directions have been published on the NHS Digitial website.
Annex 1 – Wayfinder Services Directions 2023
Publication reference: Public Board paper (BM/23/28(Pu)