In a recent consultation on FOMI, a number of respondents asked for guidance on how the offence should operate. In view of this, we have worked with Crown Prosecution Service (CPS), the Health and Social Care Information Centre (HSCIC), the Association of Chief Police Officers (ACPO) and other stakeholders to produce guidance for providers on the FOMI offence.
The regulations are consistent with the Care Act. They specify that the offence will only apply to providers of NHS funded secondary care (eg hospital care). The regulations will restrict the offence to information from which data on mortality is derived and which may result in harm to patients if provided in a false or misleading way. The regulations also specify Quality Accounts, as the Mid Staffordshire Inquiry also recommended these be included in the scope of the offence.