Guidance

Independent Reconfiguration Panel: Ways of working

Published 1 February 2024

Applies to England

1. Background

The Independent Reconfiguration Panel (IRP) is an advisory non-departmental public body sponsored by the Department of Health and Social Care (DHSC) but operating independent of government. DHSC is responsible for the IRP’s budget, its secretariat and for appointing members via the public appointments process.

2. Role and purpose

The IRP works in accordance with its terms of reference to provide formal advice to the government on NHS reconfiguration proposals as well as informal advice on related issues to NHS organisations, local authorities and other interested parties.

3. Formal advice of the IRP to ministers

Following a commission from ministers for IRP advice, the chair may appoint a subgroup of the panel representing clinical, managerial and lay membership and will seek a consensus view. All members of the IRP have collective responsibility for the advice submitted to ministers.

Advice to ministers will be provided via a formal written submission and published on the IRP website for transparency. The advice of the IRP will be independent and evidence based.

The IRP’s role is advisory and decisions on NHS reconfigurations will remain a matter for ministers. The IRP has no responsibility for the implementation or monitoring of a minister’s decision.

4. Advice regarding the use of the call in power

From 31 January 2024, ministers may request advice from the IRP about whether to call in a reconfiguration proposal under schedule 10a of the National Health Service Act 2006 (‘the NHS Act 2006’) as amended by the Health and Care Act 2022. In these cases, the IRP will ensure that any recommendation for use of the call in power is separate to any future advice of the substantive issues of the reconfiguration proposal.

The IRP will review the evidence provided by DHSC and may request further evidence or information from NHS organisations, local authorities and other parties as it sees fit.

5. Advice regarding a called in reconfiguration proposal

When ministers ask the IRP for advice following the call in of a reconfiguration proposal using the powers in the NHS Act 2006, the IRP will be responsible for writing to the individuals or organisations involved to seek representations on behalf of the Secretary of State for Health and Social Care.

The IRP will contact the following to ask for their representation:

• the NHS commissioning body (usually an NHS integrated care board or NHS England)
• NHS England
• the local authority whose area the proposed reconfiguration relates to
• any other person considered appropriate, including NHS trusts and foundation trusts

Panel members may also consider further oral and written evidence if required, including conducting site visits to the local area affected.

6. Informal advice

The government expects that, wherever possible, disagreements are resolved locally without recourse to ministers. To assist this, the IRP is available to offer informal advice on reconfiguration issues to NHS organisations, local authorities and other interested parties upon request via the mailbox at IRPinfo@dhsc.gov.uk.

7. Transitional arrangements for local authority referrals

The IRP will continue to provide formal advice to ministers on proposals referred by local authorities prior to 31 January 2024 under the Local Authority (Public Health, Health and Wellbeing Boards and Health Scrutiny Regulations) 2013.

The IRP provides its advice on the basis that DHSC is satisfied that the referral meets the requirements of the regulations.