Health and Social Care Act 2001

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Health and Social Care Act 2001
Royal Coat of Arms of the United Kingdom (variant 1, 1952-2022).svg
Long title an Act to amend the law about the national health service; to provide for the exercise of functions by Care Trusts under partnership arrangements under the Health Act 1999 and to make further provision in relation to such arrangements; to make further provision in relation to social care services; to make provision in relation to the supply or other processing of patient information; to extend the categories of appropriate practitioners in relation to prescription-only medicinal products; and for connected purposes.
Citation 15
Introduced by Alan Milburn
Secretary of State for Health
Territorial extent partially to Scotland and partially Northern Ireland, fully to England and Wales.
Dates
Royal assent 27 May 2001
Status: Amended
Text of statute as originally enacted
Revised text of statute as amended

The Health and Social Care Act 2001 (c 15) is an act of the Parliament of the United Kingdom. It represented the Labour Party's turn towards private health sector after decades of anti-privatisation rhetoric. [1]

Contents

Background

During 1997–2001, Labour had begun to "modernise" the National Health Service, by increasing investment and bringing the spending on health into line with peer European countries and had begun to reduce certain "marketisation" aspects. [1]

Increasingly, many patients had begun to use private providers for healthcare, and for the 2001 general election, Labour decided that to prevent a 'sleepwaking to a US-style health-care system', patients would be able to access private health care through the NHS. [1]

In August 2000, the Labour government announced the NHS Plan 2000, then known as the "NHS Plan", which was described as the "biggest shake up of the NHS since it was established in 1948". [2] The plan was described in an opinion piece for the British Medical Journal as "As good as it gets—make the most of it" [3]

In November 2000, Alan Milburn signed a concordat with the private sector, a reversal of the dismantling of the marketisation policies under Frank Dobson. [4]

Details

In 2003, provisions of the law abolished community health councils in England, which was controversial among Labour MPs, on the basis that they would be replaced by 'local patient advocacy groups'. [5] These local groups were formed in April 2008. [6] and patient and public involvement forums [7] The guidance for these organisations was delivered to councils in 2003. [8]

The act provided for primary care trusts (PCTs) and NHS trusts to be designated as care trusts in cases where they had local authority health-related functions delegated to them by agreement. [9] These primary care trusts took over the functions of health authoriiesy, which were abolished under the National Health Service Reform and Health Care Professions Act 2002. [10] [11] Social care in England was reorganised to be structured into these trusts which would pool their services - this was the first time that health and social care were integrated at the local level since the National Insurance Act 1970. [12] [13] [14]

See also

Related Research Articles

<span class="mw-page-title-main">Alan Milburn</span> British politician (born 1958)

Alan Milburn is a British politician who was Member of Parliament (MP) for Darlington from 1992 to 2010. A member of the Labour Party, he served for five years in the Cabinet, first as Chief Secretary to the Treasury from 1998 to 1999, and subsequently as Secretary of State for Health until 2003, when he resigned. He briefly rejoined the Cabinet as Chancellor of the Duchy of Lancaster in order to manage Labour's 2005 re-election campaign. He did not seek re-election in the 2010 election. Milburn was chair of the Social Mobility Commission from 2012 to 2017. Since 2015, he has been Chancellor of Lancaster University.

<span class="mw-page-title-main">Department of Health and Social Care</span> Ministerial department of the UK Government

The Department of Health and Social Care (DHSC) is a ministerial department of the Government of the United Kingdom. It is responsible for government policy on health and adult social care matters in England, along with a few elements of the same matters which are not otherwise devolved to the Scottish Government, Welsh Government or Northern Ireland Executive. It oversees the English National Health Service (NHS). The department is led by the Secretary of State for Health and Social Care with three ministers of state and three parliamentary under-secretaries of state.

An NHS foundation trust is a semi-autonomous organisational unit within the National Health Service in England. They have a degree of independence from the Department of Health and Social Care. As of March 2019 there were 151 foundation trusts.

Strategic health authorities (SHA) were part of the structure of the National Health Service in England between 2002 and 2013. Each SHA was responsible for managing performance, enacting directives and implementing health policy as required by the Department of Health at a regional level. Initially 28 in number, they were reduced to 10 in 2006. Along with primary care trusts, they were replaced by clinical commissioning groups and Public Health England in 2013 under the Health and Social Care Act 2012.

<span class="mw-page-title-main">NHS primary care trust</span>

Primary care trusts (PCTs) were part of the National Health Service in England from 2001 to 2013. PCTs were largely administrative bodies, responsible for commissioning primary, community and secondary health services from providers. Until 31 May 2011, they also provided community health services directly. Collectively PCTs were responsible for spending around 80 per cent of the total NHS budget. Primary care trusts were abolished on 31 March 2013 as part of the Health and Social Care Act 2012, with their work taken over by clinical commissioning groups.

<span class="mw-page-title-main">NHS Scotland</span> Publicly-funded healthcare system in Scotland

NHS Scotland, sometimes styled NHSScotland, is the publicly–funded healthcare system in Scotland and one of the four systems that make up the National Health Service in the United Kingdom. It operates 14 territorial NHS boards across Scotland, supported by seven special non-geographic health boards, and Public Health Scotland.

Health and Social Care is the publicly funded healthcare system in Northern Ireland. Although having been created separately to the National Health Service (NHS), it is nonetheless considered a part of the overall national health service in the United Kingdom. The Northern Ireland Executive through its Department of Health is responsible for its funding, while the Public Health Agency is the executive agency responsible for the provision of public health and social care services across Northern Ireland. It is free of charge to all citizens of Northern Ireland and the rest of the United Kingdom.

<span class="mw-page-title-main">Healthcare in the United Kingdom</span>

Healthcare in the United Kingdom is a devolved matter, with England, Northern Ireland, Scotland and Wales each having their own systems of publicly funded healthcare, funded by and accountable to separate governments and parliaments, together with smaller private sector and voluntary provision. As a result of each country having different policies and priorities, a variety of differences have developed between these systems since devolution.

<span class="mw-page-title-main">National Health Service (England)</span> Publicly-funded healthcare system in England

The National Health Service (NHS) is the publicly funded healthcare system in England, and one of the four National Health Service systems in the United Kingdom. It is the second largest single-payer healthcare system in the world after the Brazilian Sistema Único de Saúde. Primarily funded by the government from general taxation, and overseen by the Department of Health and Social Care, the NHS provides healthcare to all legal English residents and residents from other regions of the UK, with most services free at the point of use for most people. The NHS also conducts research through the National Institute for Health and Care Research (NIHR).

Healthcare in England is mainly provided by the National Health Service (NHS), a public body that provides healthcare to all permanent residents in England, that is free at the point of use. The body is one of four forming the UK National Health Service as health is a devolved matter; there are differences with the provisions for healthcare elsewhere in the United Kingdom, and in England it is overseen by NHS England. Though the public system dominates healthcare provision in England, private health care and a wide variety of alternative and complementary treatments are available for those willing and able to pay.

<span class="mw-page-title-main">National Health Service</span> Publicly-funded healthcare systems in the United Kingdom

The National Health Service (NHS) is the umbrella term for the publicly funded healthcare systems of the United Kingdom, comprising the NHS in England, NHS Scotland and NHS Wales. Health and Social Care in Northern Ireland was created separately and is often locally referred to as "the NHS". The original three systems were established in 1948 as part of major social reforms following the Second World War. The founding principles were that services should be comprehensive, universal and free at the point of delivery—a health service based on clinical need, not ability to pay. Each service provides a comprehensive range of health services, provided without charge for residents of the United Kingdom apart from dental treatment and optical care. In England, NHS patients have to pay prescription charges; some, such as those aged over 60, or those on certain state benefits, are exempt.

<span class="mw-page-title-main">History of the National Health Service (England)</span>

The National Health Service in England was created by the National Health Service Act 1946. Responsibility for the NHS in Wales was passed to the Secretary of State for Wales in 1969, leaving the Secretary of State for Social Services responsible for the NHS in England by itself.

In England, social care is defined as the provision of social work, personal care, protection or social support services to children or adults in need or at risk, or adults with needs arising from illness, disability, old age or poverty. The main legal definitions flow from the National Health Service and Community Care Act 1990, with other provisions covering disability and responsibilities to informal carers. That provision may have one or more of the following aims: to protect people who use care services from abuse or neglect, to prevent deterioration of or promote physical or mental health, to promote independence and social inclusion, to improve opportunities and life chances, to strengthen families and to protect human rights in relation to people's social needs.

<span class="mw-page-title-main">Health and Social Care Act 2012</span> United Kingdom legislation

The Health and Social Care Act 2012 is an act of the Parliament of the United Kingdom. It provided for the most extensive reorganisation of the structure of the National Health Service in England to date. It removed responsibility for the health of citizens from the Secretary of State for Health, which the post had carried since the inception of the NHS in 1948. It abolished primary care trusts (PCTs) and strategic health authorities (SHAs) and transferred between £60 billion and £80 billion of "commissioning", or healthcare funds, from the abolished PCTs to several hundred clinical commissioning groups, partly run by the general practitioners (GPs) in England. A new executive agency of the Department of Health, Public Health England, was established under the act on 1 April 2013.

<span class="mw-page-title-main">National Health Service Reorganisation Act 1973</span> United Kingdom legislation

The National Health Service Reorganisation Act 1973 is an Act of the Parliament of the United Kingdom. The purpose of the act was to reorganise the National Health Service in England and Wales. Separate legislation was passed a year earlier for Scotland. This was the first time the NHS had been reorganised in the UK since it was established in 1948. The next major reorganisations would be the Health Services Act 1980 and the Health Authorities Act 1995 which repealed the 1973 Act.

Area health authorities (AHAs) were 90 National Health Service (NHS) administrative organisations set up in England and Wales in 1974 by the National Health Service Reorganisation Act 1973. Separate legislation was passed for Scotland. In England, they were responsible to an upper tier of regional health authorities (RHAs). In 1982, the AHAs were abolished and replaced by 192 smaller district health authorities but the RHAs remained. Both the district and regional health authorities were then themselves abolished in 1996 as a result of the Health Authorities Act 1995.

The NHS Plan 2000 was a ten year plan of the Blair ministry for the National Health Service (England). It combined a commitment to substantial investment with some quite radical changes. The most controversial aspect of the plan was the introduction of more private sector providers and a more competitive internal market. The plan, coming shortly after devolution, marked the beginning of divergence between the NHS in England and NHS Wales. NHS Scotland was legally distinct from England from the beginning of the NHS in 1948.

<span class="mw-page-title-main">Private healthcare in the United Kingdom</span>

Private healthcare in the UK, where universal state-funded healthcare is provided by the National Health Service, is a niche market.

The private provision of NHS services has been considered a controversial topic since the early 1990s. Keep Our NHS Public, NHS Support Federation and other groups have campaigned against the threat of privatisation, largely in England.

<span class="mw-page-title-main">National Health Service Reform and Health Care Professions Act 2002</span> United Kingdom legislation

The National Health Service Reform and Health Care Professions Act 2002 is an act of the Parliament of the United Kingdom that reorganised the administration of the National Health Service in England and Wales.

References

  1. 1 2 3 Whitaker, Phil (5 March 2015). "How Labour broke the NHS – and why Labour must fix it". New Statesman. Progressive Media Investments. Retrieved 31 August 2024.
  2. "NHS Plan: at a glance". BBC News. BBC. 2 August 2000. Retrieved 31 August 2024. The government's plans to radically reform the health service in England represent the biggest shake up of the NHS since it was established in 1948.
  3. Dixon, Jennifer; Dewar, Steve (1 September 2024). "The NHS plan". The BMJ. BMJ Publishing Group. Archived from the original on 31 August 2024. Retrieved 1 September 2024.
  4. "The NHS and the private sector". BBC News. BBC. 17 May 2001. Retrieved 31 August 2024. In November 2000, Health Secretary Alan Milburn signed a concordat with the private sector.
  5. Butler, Patrick (11 January 2001). "Milburn stands by CHC abolition". The Guardian. Retrieved 31 August 2024. He has also promised to set up local independent patient advocacy groups - possibly run by local authorities - to help patients make formal complaints against health bodies.
  6. "The Commission for Patient and Public Involvement in Health (CPPIH) : Department of Health - Managing your organisation". Archived from the original on 5 November 2009. Retrieved 22 January 2010.
  7. Health, Department of. "Patient and public involvement forums". Webarchive.nationalarchives.gov.uk. Archived from the original on 7 April 2010. Retrieved 7 July 2018.
  8. Goldhill, Flora (17 July 2003). "Health and Social Care Act 2001: Directions to Local Authorities (Overview and Scrutiny Committees, Health Scrutiny Functions)" (PDF). Harrow London Borough Council. Department of Health. Retrieved 31 August 2024.
  9. "Health and Social Care Act 2001". Policy Navigator. The Health Foundation. 11 May 2001. Retrieved 31 August 2024. The Act provided for primary care trusts (PCTs) and NHS trusts to be designated as care trusts in cases where they had local authority health-related functions delegated to them by agreement.
  10. "National Health Service Reform and Health Care Professions Act 2002". The Health Foundation . Retrieved 29 July 2024.
  11. "Strategic Health Authorities replace existing health authorities". The Health Foundation . Retrieved 31 August 2024.
  12. "Timeline of integrated care policies in England, Scotland, Wales and Northern Ireland". The King's Fund. The King's Fund. 19 August 2022. Archived from the original on 28 May 2024. Retrieved 31 August 2024. Care Trusts established, partnerships that pool health and social care resources in one organisation to commission and/or provide a range of services such as social care, mental health, or community care.
  13. "Local Authority Social Services Act 1970", legislation.gov.uk , The National Archives, 29 May 1970, 1970 c. 42, retrieved 31 August 2024
  14. Jones, Ray (2 September 2020). "How social work's '50th birthday' illustrates importance of practitioners shaping the profession". Community Care. MA Education. Retrieved 31 August 2024. The first such moment was the 1970 Local Authority Social Services Act which, following the recommendations in the 1968 Seebohm Report, brought children's, welfare and mental health departments together into one social services department within each local authority in England and Wales. Segregated and separate workers in each of the former services were now badged as social workers rather than child care officers, welfare officers, and mental welfare officers.