Department of Health publishes guidance on the duty of NHS bodies to involve service users

Important changes to the arrangements for patient and public involvement in the provision of health services under the NHS came into force on 3 November 2008.

These changes are a result of the Local Government and Public Involvement in Health Act 2007.

The provisions that came into force on 3 November amend the legal duty imposed on NHS bodies under section 242 of the National Health Service Act 2006 (the Act) to 'involve and consult' local communities on the planning and development of services.

(NHS bodies for these purposes are Strategic Health Authorities, Primary Care Trusts, NHS Trusts and NHS Foundation Trusts.)

Perhaps most importantly, a distinction is drawn between consultation and involvement; service users must be 'involved (whether by being consulted or provided with information, or in other ways)' (section 242(1B) of the Act).

Wragge & Co experts provide a detailed analysis of the guidance.