Correspondence

NHS foundation trust bulletin: March 2015

Published 24 March 2015

Applies to England

1. For action

1.1 National Tariff update

On 10 March we announced that 88% of NHS hospitals, community health services and mental health trusts have decided to move to a new Enhanced Tariff Option (ETO) for 2015/16.

We have published a Q&A document with NHS England that provides further information on the following items:

• Enhanced Tariff Option (ETO)
• Default Tariff Rollover (DTR)
• mental health
• marginal rate emergency tariff
• acute specialised services marginal cost arrangements
• standard contract and Commissioning for Quality and Innovation (CQUIN)

Please visit this page for future updates to the Q&A document.

1.2 Check your dates for planning

Earlier this month, we published a revised timetable that sets out your extended planning, contracting and dispute resolution timetable for 2015/16.

Please submit the correct versions of the annual plan review (APR) draft and final operational plan templates by checking the ‘Cover’ worksheets against the correct version numbers:

Template	Correct version number
Draft	16.1.4.4
Final	16.1.1.29

If you have any queries please contact compliance@monitor.gov.uk.

1.3 Self-certification templates for completion: first deadline 29 May 2015

We have published 2 new templates to enable you to make your annual self-certifications. Please follow the instructions within the template on how to submit them.

The templates and submission dates are:

• Self-certification template: General condition 6 of the NHS provider licence is due 29 May 2015
• Self-certification template: corporate governance statement, AHSCs and training of governors is due 30 June 2015

1.4 New guidance on applying consistent activity definitions

On 27 February, acute and specialist foundation trusts submitted sets of draft activity data. In many cases we identified differences with commissioner plans, which occur in both the 2014/15 outturn and the 2015/16 forecast. Some providers and commissioners may be applying activity definitions inconsistently.

We have therefore published further guidance in the planning section on our website (under ‘Draft activity data submission’) and have emailed foundation trusts to advise that you liaise with your commissioners to resolve any relevant issues ahead of the next data submission on 7 April.

1.5 Please look out for an additional APR template, which will uploaded to your portal later this week

Following changes in the tariff options (which came into effect after our financial templates were released in December), an additional APR template will need to be completed by each foundation trust. Your answers will aid us in reviewing your plans.

In the short questionnaire you will be required to outline how you have modelled your chosen tariff option (ETO or DTR) in both your draft and final APR financial templates. The template will need to be submitted on or before 7 April along with your draft plan. This process will need to be completed again for your final plan on or before 14 May.

The template will be uploaded to your MARS portal shortly. You will receive notification by email, together with guidance on how to complete the template.

1.6 Resilience planning for early 2015/16

We recently wrote to foundation trust chief executives setting out planning requirements for the Easter bank holiday period, and throughout April, when demand is expected to increase. We would like to reinforce the importance of all organisations producing robust demand and capacity plans for the Easter period.

Please read the letter for more details.

1.7 Year end accounts update

You have now been provided with your Foundation Trust Consolidation (FTC) template to return to us with your accounts information for the year. We have also issued an optional accounts template for the first time this year, to assist you with your year end accounts preparation if you need it. More information is available on these developments, together with recent updates.

We updated the ‘NHS foundation trust annual reporting manual 2014/15’ on 6 March with a number of minor changes. Read the manual and a full listing of the updates we have made to it.

1.8 Quality accounts requirements 2014/15: upload your quality account by 30 June

NHS England, Monitor and the NHS Trust Development Authority (TDA) have written to NHS providers confirming the arrangements for quality accounts for 2014/15. The letter confirms that there are no changes to the content requirements of quality accounts compared to 2013/14.

We previously confirmed this for NHS foundation trusts as part of our requirements for quality reports, originally published on 13 February.

As set out in the letter, please upload your quality account to NHS Choices by 30 June. You can submit your quality report (which meets Monitor’s additional requirements as well as the quality accounts requirements) as your quality account if you wish.

1.9 Jimmy Savile investigations: report on your safeguarding actions by 15 June

David Bennett recently wrote to foundation trust chief executives about the Jimmy Savile investigations and explained the follow up action to Kate Lampard’s ‘lessons learned’ report.

Given the severity of this issue, it is important to be able to demonstrate the improvements made to safeguarding across the system.

Everyone within the NHS has a responsibility to make sure nothing like this can ever happen again. Please read the report, assess the relevance of its recommendations to your own organisation and take any action necessary to protect patients, staff, visitors and volunteers.

Please respond to the letter by 5pm Monday 15 June 2015 with an overview of any actions that you have taken as a result of the recommendations in the report or, where these are in progress, the date by which they will be completed. To respond, or for more information, please email MonitorJSlearnings@monitor.gov.uk.

Read the joint response to the investigations from Monitor, NHS England, NHS TDA and the Care Quality Commission (CQC).

1.10 Jimmy Savile investigations: what to do if further allegations of abuse by Savile come to light

As you may be aware, the NHS Savile Legacy Unit was established in July 2014 as an independent body to provide oversight and assurance of any new NHS investigations into allegations of abuse by Savile. Following publication of the trusts’ investigation reports in February, the unit has now closed. Claims will continue to be dealt with by the NHS Litigation Authority.

Where further allegations of abuse or risks of abuse by Savile come to light, please make the following arrangements:

• investigate any allegations made (subject to first obtaining the consent of the individual); this would normally be as a ‘Serious Untoward Incident’, with oversight via statutory local safeguarding arrangements
• use the guidance pack on good practice in conducting investigations developed for the Jimmy Savile investigations to ensure a consistent approach is taken; for a copy of the pack to support any future investigations please email MonitorJSlearnings@monitor.gov.uk
• inform Monitor of the progress of the investigation

1.11 112 foundation trusts have signed up to safety: have you?

We have previously written to you about the Sign up to Safety campaign, which is designed to strengthen patient safety in the NHS and make it the safest healthcare system in the world.

Currently 112 foundation trusts have signed up and all organisations involved in the campaign are being asked to share their pledges and safety improvement plans with their colleagues, patients and the public.

A ‘what’s next’ toolkit has been developed and includes a new infographic and the top safety priorities that have emerged from the plans submitted to date. You can follow the campaign on Twitter @Signuptosafety or watch this webinar featuring some of the organisations that have signed up.

For a detailed guide on how to sign up to the campaign, including the commitments and pledges that your organisation will need to make, visit the Sign up to Safety website.

1.12 Public Contracts Regulations 2015 and impact on procurement

The Public Contracts Regulations 2015 came into force on 26 February. They introduce a new regime which will apply to regulated procurement processes started after this date with the exception of clinical commissioning.

More information on the new public procurement rules, including the Regulations, is available as part of training and guidance material under the heading, ‘Implementing the directives’.

As part of the new reforms NHS foundation trusts are classed as sub-central authorities and as such are subject to different rules. NHS trusts continue to be classed as ‘central government authorities’ and this represents no change to their status under previous procurement regulations.

To support the adoption of the new Regulations, the Department of Health will be providing the NHS procurement community with tools, guidance, and templates. The cascade of these started at the beginning of March 2015 and will continue over the coming weeks. Should you require any further information, please email Sandra.barrow@dh.gsi.gov.uk.

1.13 New legal requirement to display your CQC ratings from 1 April 2015

CQC has announced that from 1 April 2015 health and care providers will be expected to prominently display their CQC rating. This will allow patients, service users and family members to make more informed choices about their care. The ratings displayed will be: outstanding; good; requires improvement; or inadequate.

This is a legal requirement and CQC has published this guidance.

1.14 Exploring international acute care models: share your insights

Last year we launched a research project looking at international acute care models to identify alternative methods of care that could be adopted by NHS providers.

We have now published the findings of this research with a view to informing and encouraging wider debate.

We would like to hear from you if you are implementing these models of care in the NHS, and to share your insights so the sector as a whole can better understand the potential benefits and what can be done to remove any barriers to their wider use.

Please email jointhedebate@monitor.gov.uk.

2. For information

2.1 Interim support funding for foundation trusts

In October 2014 the DH published guidance, on its powers to provide financial assistance to foundation trusts and NHS trusts. In the guidance the DH stated that interim support funding, that is short term financial support that can be provided to support the continued delivery of services on a finite basis, may be provided in the form of either loans or public dividend capital (PDC).

The DH has now confirmed its intention to provide interim support funding to foundation trusts, for both capital and revenue purposes, in the form of loans going forward.

The change to loans is part of a move to ensure greater transparency around the real costs of a delay in recovery, which have not previously been reflected in the historical use of interim support PDC, and to ensure boards remain accountable for the additional costs to the taxpayer that the provision of interim support represents. Subsequently the DH may require additional assurance that operational saving opportunities are being appropriately pursued.

The DH has developed standard, non-negotiable terms and conditions, for the interim support loans. For further information please contact your Monitor Relationship Manager in the first instance.

2.2 NHS adult hearing services in England

We recently published a report that looks at how choice can work for patients who require NHS adult hearing services in England. We sought views from the public, patient groups, GPs, commissioners and providers. Our infographic provides a summary of the key findings in the report.

2.3 Vanguard sites announced

In January’s FT Bulletin, we asked you to get in touch if you wanted your organisation to be involved in a programme providing new and innovative models of care, as suggested in the Five Year Forward View.

29 vanguard sites have now been selected, including a number of foundation trusts. These locations sites will take a national lead in transforming care for patients across England.

2.4 A new practical guide to representing members’ interests

We have published a new guide for governors about representing the interests of foundation trust members. It has been developed jointly by Monitor and GovernWell, in association with our partners: CQC; DH; NHS Providers; and The Independent Panel for Advising Governors.

This practical guide is a resource to support foundation trusts and their governors and provides:

• the context for governors’ work
• examples of what governors and trusts could do
• case studies of trusts’ and governors’ practical experiences

Chairs and other members of foundation trust boards, membership managers, board secretaries, and others who are involved in helping governors to fulfil their duties, may find this guide useful.

2.5 Updated Monitor and CQC Memorandum of Understanding

We have published an updated Memorandum of Understanding (MoU) between Monitor and CQC.

Some of the updates to the MoU include:

• how we will work together when trusts are in special measures
• assessing the benefits case for mergers and other competition related queries
• joint registration and licensing

In addition we have updated how we will share information during the assessment process and during transactions reviews.

A majority of the changes reflect CQC’s new regulatory regime which was still under development when the last MoU was agreed; many of the information sharing arrangements were already established but have now been formally reflected in the MoU.

3. External updates

3.1 Update from the Secretary of State for Health

Read the latest update following the investigation into care provided by the maternity and neonatal unit at Morecambe Bay.

3.2 Every Moment Counts

Every Moment Counts, produced by National Voices and the National Council for Palliative Care, is a narrative for person-centred co-ordinated care for people near the end of life. It describes some critical outcomes and success factors in end of life care, support and treatment, from the perspective of the people who need that care, and their carers and families.

3.3 2013/14 NHS Energy Efficiency Fund – outcomes published

The DH has published a report showing the final outcomes of the NHS Energy Efficiency Fund initiative, which was implemented to reduce NHS estate operation costs. The £50 million fund has enabled the NHS to make efficiency savings, which has in turn put money back into patient services. NHS services involved (including multiple foundation trusts) delivered various energy saving projects as part of the fund.

3.4 NHS Improving Quality’s online resource centre

The Edge is a free online resource centre where you can access the latest information, training and learning opportunities for making rapid change in the NHS. Subscribe to The Edge here.

3.5 Updates on the NHS procurement and efficiency programme

The latest updates for NHS procurement staff were added to the Centre for Procurement Efficiency portal on 5 March 2015.

4. Get in touch

4.1 Our latest job opportunities

For more information or to apply, please visit our recruitment website joinmonitor.com.

4.2 Queries or feedback

If you have any queries about the information in this bulletin, please contact your relationship manager at Monitor.

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4.4 Publications

All of our publications are available to download from our publications section.