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To ask the Secretary of State for Health and Social Care, what action will be taken against NHS Trusts that do not follow guidance from NHS England around proposals to consider the formation of a subco.
To ask the Secretary of State for Health and Social Care, what action will be taken against NHS Trusts that do not follow guidance from NHS England around proposals to consider the formation of a subco.
Outsourcing transactions which involve the creation of new subsidiaries, or material changes to existing subsidiaries, including any proposals in the North West, are reportable to NHS England for review in line with its published subsidiary transaction guidance.
NHS England wrote to the sector on 26 September 2025 to highlight a change in national policy on subsidiaries given concerns about transferring National Health Service staff into new organisations, which is seen as undermining the concept of a single NHS workforce.
NHS England will shortly consult on updating the subsidiary transaction guidance to confirm that subsidiaries involving the transfer of NHS staff will now only be approved in a limited number of circumstances, and only where there is clear local union support and protection of NHS terms and conditions, including pension access.
All subsidiary transaction proposals involving the transfer of NHS staff are paused while NHS England undertakes this consultation, unless they are supported by local unions. This includes any proposals in the North West.
To ask the Secretary of State for Health and Social Care, what steps have been taken to ensure NHS England enforces the guidance around the formation of subcos.
To ask the Secretary of State for Health and Social Care, what steps have been taken to ensure NHS England enforces the guidance around the formation of subcos.
Outsourcing transactions which involve the creation of new subsidiaries, or material changes to existing subsidiaries, including any proposals in the North West, are reportable to NHS England for review in line with its published subsidiary transaction guidance.
NHS England wrote to the sector on 26 September 2025 to highlight a change in national policy on subsidiaries given concerns about transferring National Health Service staff into new organisations, which is seen as undermining the concept of a single NHS workforce.
NHS England will shortly consult on updating the subsidiary transaction guidance to confirm that subsidiaries involving the transfer of NHS staff will now only be approved in a limited number of circumstances, and only where there is clear local union support and protection of NHS terms and conditions, including pension access.
All subsidiary transaction proposals involving the transfer of NHS staff are paused while NHS England undertakes this consultation, unless they are supported by local unions. This includes any proposals in the North West.
To ask the Secretary of State for Health and Social Care, whether his department has made representations outlining concerns to NHS England about multiple Trusts and FTs in the North West engaging in activities around the proposed formation of or changes to subcos without following the guidance provided by NHS...
To ask the Secretary of State for Health and Social Care, whether his department has made representations outlining concerns to NHS England about multiple Trusts and FTs in the North West engaging in activities around the proposed formation of or changes to subcos without following the guidance provided by NHS...
Outsourcing transactions which involve the creation of new subsidiaries, or material changes to existing subsidiaries, including any proposals in the North West, are reportable to NHS England for review in line with its published subsidiary transaction guidance.
NHS England wrote to the sector on 26 September 2025 to highlight a change in national policy on subsidiaries given concerns about transferring National Health Service staff into new organisations, which is seen as undermining the concept of a single NHS workforce.
NHS England will shortly consult on updating the subsidiary transaction guidance to confirm that subsidiaries involving the transfer of NHS staff will now only be approved in a limited number of circumstances, and only where there is clear local union support and protection of NHS terms and conditions, including pension access.
All subsidiary transaction proposals involving the transfer of NHS staff are paused while NHS England undertakes this consultation, unless they are supported by local unions. This includes any proposals in the North West.
To ask the Secretary of State for Health and Social Care, whether any NHS Trusts are developing proposals for new SubCos.
To ask the Secretary of State for Health and Social Care, whether any NHS Trusts are developing proposals for new SubCos.
National Health Service trust proposals to establish subsidiary companies are reviewed by NHS England in line with its published subsidiary transaction guidance. NHS England has one proposal under formal consideration.
As set out on 26 September 2025, NHS England will shortly consult on updating national guidance to confirm that subsidiaries involving the transfer of NHS staff will now only be approved in a limited number of circumstances and only where there is clear local union support and protection of NHS terms and conditions, including pension access.
Lords report stage second day. Amendments 65 to 70, 72 to 74, 78, 79 and 80 to 89 agreed to. (Part 2 of 2).
Lords report stage second day. Amendments 65 to 70, 72 to 74, 78, 79 and 80 to 89 agreed to. (Part 2 of 2).
Moved by
Baroness Barran
63: Clause 12, page 18, line 3, at end insert—
“(1A) After section 16, insert—
“16A Registration of parent undertakings
(1) In making an application for registration under this Part, an agency or establishment which is a subsidiary undertaking must ensure that the application contains information about the parent undertaking.
(2) If...
Moved by
Baroness Barran
63: Clause 12, page 18, line 3, at end insert—
“(1A) After section 16, insert—
“16A Registration of parent undertakings
(1) In making an application for registration under this Part, an agency or establishment which is a subsidiary undertaking must ensure that the application contains information about the parent undertaking.
(2) If...
My Lords, noble Lords will remember from our debate in Committee that on this side of the House we had considerable practical reservations about the Government’s approach to regulating groups of children’s homes and foster care providers. These two amendments aim to improve the process that the Government plan to...
My Lords, noble Lords will remember from our debate in Committee that on this side of the House we had considerable practical reservations about the Government’s approach to regulating groups of children’s homes and foster care providers. These two amendments aim to improve the process that the Government plan to...
My Lords, in the absence of other comments I will turn to Amendments 63 and 64, tabled by the noble Baroness, Lady Barran, in relation to the provider oversight scheme. The scheme will enable Ofsted to require provider groups to implement an improvement plan across multiple settings where Ofsted reasonably...
My Lords, in the absence of other comments I will turn to Amendments 63 and 64, tabled by the noble Baroness, Lady Barran, in relation to the provider oversight scheme. The scheme will enable Ofsted to require provider groups to implement an improvement plan across multiple settings where Ofsted reasonably...
I thank the Minister for her remarks. I perhaps accept them more in relation to my Amendment 63 than my Amendment 64, but time will tell how the Government’s plans work out. With that, I beg leave to withdraw my amendment.
I thank the Minister for her remarks. I perhaps accept them more in relation to my Amendment 63 than my Amendment 64, but time will tell how the Government’s plans work out. With that, I beg leave to withdraw my amendment.
Moved by
Baroness Smith of Malvern
65: Clause 12, page 22, line 13, leave out subsection (5) and insert—
“(5) In section 37 (service of documents)—
(a) in subsection (1)—
(i) omit the words from “carrying” to “agency”;
(ii) omit the “or” at the end of paragraph (a);
(iii) at the end of paragraph (b) insert
“; or
(c)...
Moved by
Baroness Smith of Malvern
65: Clause 12, page 22, line 13, leave out subsection (5) and insert—
“(5) In section 37 (service of documents)—
(a) in subsection (1)—
(i) omit the words from “carrying” to “agency”;
(ii) omit the “or” at the end of paragraph (a);
(iii) at the end of paragraph (b) insert
“; or
(c)...
Moved by
Baroness Smith of Malvern
66: Clause 13, page 23, leave out lines 23 to 29
Member’s explanatory statement
This amendment would remove provision no longer needed because of the protection provided by the new general data protection override in section 183A of the Data Protection Act 2018, inserted by section 106(2) of...
Moved by
Baroness Smith of Malvern
66: Clause 13, page 23, leave out lines 23 to 29
Member’s explanatory statement
This amendment would remove provision no longer needed because of the protection provided by the new general data protection override in section 183A of the Data Protection Act 2018, inserted by section 106(2) of...
Moved by
Baroness Smith of Malvern
67: Clause 18, page 35, line 29, leave out “Except as provided by subsection (9),”
Member’s explanatory statement
This amendment is consequential on my amendment to clause 18, page 35, line 35.
68: Clause 18, page 35, line 35, leave out from beginning to end of line 2 on...
Moved by
Baroness Smith of Malvern
67: Clause 18, page 35, line 29, leave out “Except as provided by subsection (9),”
Member’s explanatory statement
This amendment is consequential on my amendment to clause 18, page 35, line 35.
68: Clause 18, page 35, line 35, leave out from beginning to end of line 2 on...
Moved by
Baroness Smith of Malvern
72: Clause 20, page 38, line 33, leave out “aged 16 or 17”
Member’s explanatory statement
This amendment would provide that for the purposes of the care provider offence in section 21 of the Criminal Justice and Courts Act 2015 (as amended by clause 20) “regulated care” includes...
Moved by
Baroness Smith of Malvern
72: Clause 20, page 38, line 33, leave out “aged 16 or 17”
Member’s explanatory statement
This amendment would provide that for the purposes of the care provider offence in section 21 of the Criminal Justice and Courts Act 2015 (as amended by clause 20) “regulated care” includes...
Moved by
The Lord Bishop of Manchester
75: Clause 21, page 39, line 28, at end insert—
“(e) to have due regard to the need to remove or minimise the disadvantages suffered by looked-after children and relevant young persons.”
Member’s explanatory statement
This amendment strengthens the current duty to be “alert to” the needs of...
Moved by
The Lord Bishop of Manchester
75: Clause 21, page 39, line 28, at end insert—
“(e) to have due regard to the need to remove or minimise the disadvantages suffered by looked-after children and relevant young persons.”
Member’s explanatory statement
This amendment strengthens the current duty to be “alert to” the needs of...
My Lords, I am grateful for the opportunity to have this debate this evening. I will keep it fairly short, given the time.
Amendment 75, in my name, simply seeks to change the current duty of being “alert to” the needs of looked-after children to one requiring public bodies to have...
My Lords, I am grateful for the opportunity to have this debate this evening. I will keep it fairly short, given the time.
Amendment 75, in my name, simply seeks to change the current duty of being “alert to” the needs of looked-after children to one requiring public bodies to have...
My Lords, I rise to introduce Amendment 77 in my name and that of my noble friend Lady Lister, who tabled a similar amendment in Committee. I apologise to the House for not being in Committee to speak to this amendment due to a period of illness last year.
The amendment...
My Lords, I rise to introduce Amendment 77 in my name and that of my noble friend Lady Lister, who tabled a similar amendment in Committee. I apologise to the House for not being in Committee to speak to this amendment due to a period of illness last year.
The amendment...
My Lords, I support and will talk to Amendments 75 and 76, which the right reverend Prelate the Bishop of Manchester set out powerfully; I fully support the arguments. Last week I hosted a meeting in your Lordships’ Committee Room 1, which showcased care experience and protected characteristics. The room...
My Lords, I support and will talk to Amendments 75 and 76, which the right reverend Prelate the Bishop of Manchester set out powerfully; I fully support the arguments. Last week I hosted a meeting in your Lordships’ Committee Room 1, which showcased care experience and protected characteristics. The room...
My Lords, I am pleased to support Amendment 77, to which I have added my name. I take this opportunity to thank my noble friend the Minister for the helpful meeting that I and stakeholders had with her to discuss the other issue I raised alongside this in Committee.
As my...
My Lords, I am pleased to support Amendment 77, to which I have added my name. I take this opportunity to thank my noble friend the Minister for the helpful meeting that I and stakeholders had with her to discuss the other issue I raised alongside this in Committee.
As my...
My Lords, it is a great pleasure to follow the noble Baroness, Lady Lister, as I have many times before on this subject, joining the terrier pack yet again. It is a great pity that that pack still needs to form; all the other occasions were under the previous Government...
My Lords, it is a great pleasure to follow the noble Baroness, Lady Lister, as I have many times before on this subject, joining the terrier pack yet again. It is a great pity that that pack still needs to form; all the other occasions were under the previous Government...
My Lords, I will talk briefly to Amendments 75 and 76. These amendments are very important, and it is a great pity that we are discussing them at the end of the day. I always think of the saying that
“words without actions are the assassins of idealism”
and I wonder if...
My Lords, I will talk briefly to Amendments 75 and 76. These amendments are very important, and it is a great pity that we are discussing them at the end of the day. I always think of the saying that
“words without actions are the assassins of idealism”
and I wonder if...