Non-compliance reports
In line with the Reporting Concerns under the Code of Practice for Statistics policy, this section provides details of any incidents of non-compliance of the Code of Practice for Statistics that we have highlighted to the Office for Statistics Regulation and they have advised us to notify users.
Unpublished estimate released on social media – 17 April 2026
Date of posting: 11 May 2026
Issue
On 17 April 2026, an unpublished estimate appeared in two social media posts on the Labour Party Instagram account.
This was an estimate of performance week ending 29 March 2026 for the percentage of Referral to Treatment pathways where the patient has been waiting up to 18 weeks.
This estimate was based on flows of administrative data from NHS organisations that then had estimates applied to them and had been shared internally within NHSE and DHSC for operational management purposes. This internal sharing for operational purposes is underpinned by the National Statistician’s Guidance on Management Information and Official Statistics.
The collection of the data feeding the official statistics from NHS organisations covering March had not concluded when this information was shared so this does not affect the official statistics release or data. The March official statistics are scheduled for publication on 14 May on the following web page:
Statistics » Consultant-led Referral to Treatment Waiting Times Data 2025-26
Immediate handling and how users can obtain published figures
The issue was identified by DHSC officials and was escalated within DHSC and NHSE on 20 April. One of the posts had already been taken down by the point of escalation and the remaining post was removed promptly within the same day.
We have not identified any wider public use of these figures following the social media posts. Given this, the Statistics Heads of Profession in DHSC and NHS E decided that on balance, a more formal ad hoc public release of these estimates would be less appropriate than waiting until the official statistics are published on 14 May. Users requiring robust figures ahead of the 14 May publication should use the February 2026 figures available from the same web page:
Statistics » Consultant-led Referral to Treatment Waiting Times Data 2025-26
The Office for Statistics Regulation and the National Statistician’s Office were informed as required in its breach guidance for statistics.
Steps to reduce likelihood of similar issue occurring
An immediate action was taken in both organisations to remind colleagues that management information for operational purposes should include protective markings and the purposes that it can be used for and how it can and cannot be shared, with restrictions varying depending on proximity to official statistics in their final form. This will include a strengthening of the wording on some internal management information reports. We are further reviewing background to the issue and further steps may be taken following this.