NHS Foundation Trusts - buying a return ticket: new proposals for de-authorisation

On 27 July 2009, the Department of Health (DH) launched a consultation on introducing new legislation allowing for the de-authorisation of a NHS Foundation Trust (FT).

This follows its proposals of last year on the same topic which are reflected in the Health Bill currently going through Parliament. If the new proposals are pursued following the consultation, the likelihood is that they too will be implemented in the Health Bill.

This would result in there being on the statute book three possible approaches for dealing with an under-performing or failing FT.

Wragge & Co's public law and regulation experts highlight and explain what these approaches are and some of the difficulties that may be encountered by having such a range of options for dealing with a failing FT.