TSA guidance review leads to new recommendations

The recommendations of a committee assembled to review the statutory guidance for trust special administrators (TSAs) have been accepted by the Department of Health and incorporated into new guidance issued by the Department and Monitor.

The committee, chaired by Paul Burstow MP, put forward a package of proposals to amend the existing guidance to ensure it is clear, practical and meaningful.

“I am pleased to have been able to accept the recommendations the committee made to me and believe the guidance I am publishing is significantly improved as a result”, said the secretary of state for health, Jeremy Hunt.

The guidance incorporates the new powers and requirements in the Care Act 2014 to strengthen the TSA’s regime, including: (i) enabling a TSA to take a view of the local health economy and, where necessary, make recommendations which may affect services at other trusts; (ii) a widened legal remit for TSAs with a requirement to consult those other trusts, their staff and their commissioners who would be affected by the recommendations; (iii) strengthening the representation of patients and local populations through a requirement on the TSA to consult local authorities and local Healthwatch organisations during the statutory public consultation on the recommendations, in all the areas whose services would be affected by them; (iv) requiring the TSA to consult the Care Quality Commission; and (v) giving the TSA more time to develop recommendations and consult on them.

The six-strong committee was formed of Paul Burstow MP, Margot James MP, Sir Kevin Barron MP, Baroness Finlay of Llandaff, Matt Tee (former chief operating officer, NHS Confederation), Dr Johnny Marshall (director of policy, NHS Confederation) and Jeremy Taylor, National Voices.


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