Guidance

Statutory guidance for Trust Special Administrators appointed to NHS trusts

Sets out the duties of Trust Special Administrators under Chapter 5A of the NHS Act 2006 (introduced by the Health Act 2009)

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Statutory guidance for Trust Special Administrators appointed to NHS trusts sets out the duties of Trust Special Administrators under Chapter 5A of the NHS Act 2006 (introduced by the Health Act 2009), referred to in the guidance as the Regime for Unsustainable NHS providers.

The Health Act 2009 introduced a time limited and transparent framework to provide a rapid resolution to problems within a significantly challenged NHS organisation. This aim is to ensure long term sustainability and the protection of access to adequate quality of care for local patients.

The key objective of a Trust Special Administrator appointed to an NHS trust is to develop and consult locally on a draft report, making recommendations to the Secretary of State for Health in a final report about what should happen to the organisation and the services it provides so that high-quality, sustainable services are delivered to the local health economy.  The public and NHS staff must be fully involved if the regime is used.

The legal framework sets out a maximum period of 120 working days for the regime (unless this is extended in exceptional circumstances), by which time the Secretary of State must make a final decision on the future of the NHS trust following the Trust Special Administrator’s recommendations.

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