Independent sector provider responsibility
Paterson Inquiry · Report of the Independent Inquiry into the Issues raised by Paterson · Issued 4 February 2020 · Addressed to: Department of Health and Social Care
Source — verbatim from the inquiry
●Inquiry recommendation
We recommend that the government addresses, as a matter of urgency, this gap in responsibility and liability.
Paterson Inquiry, Report of the Independent Inquiry into the Issues raised by Paterson · 4 Feb 2020 Source PDF →
Published evidence summary
Publicly available evidence relating to this recommendation:
- The December 2022 implementation update stated that the Independent Healthcare Providers Network had refreshed the Medical Practitioners Assurance Framework (MPAF) in September 2022 and that the 2022-2023 NHS Standard Contract required independent sector providers to have regard to the MPAF (Paterson Inquiry Implementation Update, DHSC, December 2022).
- The December 2022 update noted a significant culture shift emphasising independent provider responsibility for standards regardless of employment versus practising privilege arrangements (Paterson Inquiry Implementation Update, DHSC, December 2022).
- No published legislation closing the gap in legal responsibility and liability for patients treated by consultants working under practising privileges has been identified to March 2026.
Response — verbatim from government
●Department of Health and Social Care
Accepted in principle. Government acknowledges gap in legal responsibility when consultants work under practising privileges. CQC strengthened requirements for independent providers to have robust governance over consultants. Consideration being given to whether legislative change needed. Government working with Independent Healthcare Providers Network on voluntary improvements. (Source: Government Response, December 2021)
Department of Health and Social Care · 16 Dec 2021
Evidence trail — what's actually happened since
No published activity has been recorded against this recommendation yet.
Each entry above links to a primary source — gov.uk written statement, consultation response document, or inspection report. The Index does not characterise government intent; it tracks what has been published.
How this page is built
Source and Response are verbatim from primary documents. The Evidence trail records published activity since — written statements, consultation outcomes, inspection findings, parliamentary references. The Index does not paraphrase or characterise intent; it tracks what has been published. Where the evidence is the absence of action (a missed deadline, a slipped timetable), that absence is documented from primary sources rather than inferred.
This recommendation's data is verified periodically against primary sources. The Index is monitored for staleness weekly.