Let’s make this one the one that makes the change, to make the changes.

Can we do this?

It’s rare I revisit a topic twice in succession.

The NHS is rich with stories, things to praise, prise and pull-apart. It’s not often there’s a circumstance when I want to hammer the nails in, again.

But…

… today I’m going to because, the whole issue of regulation has ignited such a response that if emails were letters, I’d have to weigh them.

There are more than 90 regulatory bodies in the UK, with total expenditure in excess of £4 billion a year.

They cover education, healthcare and charities to transport, communications, the media, utilities and the environment.

Nothing works.

Our rivers are filthy, our electricity costs too much. Trains are always on strike. Nearly 94% of crimes go unsolved. Education regulators worry teachers to death… I could go on. 

In the NHS there’s a huge and really quite aggressive dissatisfaction with the current tin-eared, regulators

No appetite for more. Not because people want to cover up bad things. It’s because regulation, layers of it, has failed to reveal anything…

… failed the public, failed the people who pay for it and failed a complex organisation with built in fault-lines and fissures that get plastered over for fear of ‘regulators’.

It’s easy to dig up the past, so let’s turn our attention to the future.

It’s often said; the biggest worry for Trust bosses is workforce. That is not true…

... the biggest worry is financial balance. That’s where the bullying and real pressures begin and end.

Think about a Board at some point in the future, with regulated management, each with a ‘license to practice’, like doctors.

It’s not hard to imagine a situation; systems and Trusts struggling with demand, heading for financial deficits. Political pressure on waiting lists. 

System managers exerting pressures but the numbers just don’t add up.

Boards and bosses could arrive at the point where they could no longer operate within their license… knowing that quality and safety was being prejudiced.

If they said; we can’t do this, it’s not safe’… 

... who would they say it to? 

NHSE? They’d probably reply; ‘get on with it’… because on their backs we’ll find the DH+ the Number 10 numpties.

This is not the future. It is happening now…

… how many Trust Nurse Directors and Medical Directors, both of whom are regulated by their professions, have agreed savings, or staffing plans, knowing full-well, wards will not be safe, staff will not be able to cope, not escalate problems, not practice safely.

How many of these regulated, clinical directors have raised a hand, never mind a red-flag?

I know of none. Regulation has changed nothing.

How many have gone along with decisions they know are risky because they have to keep going, providing care… on a wing and a prayer.

No one says anything because, depending on where you are in the hierarchy, you’ll be either ridiculed, sat on, ignored or fired. 

Regulation doesn’t work now and it won’t work in the future. 

Regulation does not make people speak up, it inhibits them.

It is only regulators who think regulation works. They have skin, status and mortgages in the game.

A week ago, last Monday I mused on what might be an alternative. 

It seems to me all these ugly, dangerous issues happen not because no one knows about them. It’s because no one dare speak about them… for if they do, reputation preservation, oppressive regulation and cover-up… means circling the wagons.

Isn’t something simpler needed? I wrote;

  • If two or more consultants raise a safety critical issue, management must be obliged to call in a consultant from an adjoining Trusts to have a look.
  • Make recommendations and carry them through. 
  • Make the learning available to everyone.

On reflection, I’d ask myself three questions; 

  • Should consultants be the only conduit?
  • Should an inquiry be conducted by a senior and experienced manager and a senior clinician from the appropriate discipline, as required 
  • No more than three people and a secretariat.

… and to underline we have learned something from the past, let’s call the process, Countess Committees.

Look at, look into and learn.

If our purpose is the pursuit of excellence with safety trumping all else…

… is this the kind of openness that will breathe oxygen into a system…

… that’s choking on the pursuit of blame and the safety of reputation strangles all else.

Could we do this?

News and Comment from Roy Lilley
Contact Roy – please use this e-address roy.lilley@nhsmanagers.net
Reproduced at thetrainingnet.com by kind permission of Roy Lilley.


Discover more from The Training Network

Subscribe to get the latest posts sent to your email.

Previous Posts

A working mother sits in her parked car outside a UK care home, overcome with emotion after visiting her mother with dementia while balancing work and family responsibilities. Andy Burnham social care reform

Answers

Andy Burnham’s social care reforms promise fairness for families, but funding alone cannot solve workforce shortages, capacity constraints or NHS integration. After seventeen years, voters deserve detailed answers, not aspirations.

Read More »
Modern NHS regional health authority headquarters with staff entering the main reception, illustrating regional NHS leadership and healthcare system management. NHS missing middle

The Missing Middle

Roy Lilley argues the NHS needs to restore a powerful regional tier, creating a functional middle between Whitehall and local providers to improve planning, accountability, delivery and long-term resilience.

Read More »
Care worker assisting an elderly resident using a walking frame in a residential care home corridor in England. social care funding reform

Paid for

Louise Casey’s call for another national conversation on social care echoes Andy Burnham’s 2009 consultation. The evidence already exists; what remains absent is political courage to decide funding.

Read More »
Patients, visitors and NHS staff entering the main entrance of a large NHS general hospital during a routine weekday. NHS waiting list management

The truth

Political promises alone cannot reduce NHS waiting lists. Sustainable improvement depends on matching ambition with workforce, capacity, operational planning, transparent reporting and honest leadership rather than headline-grabbing announcements.

Read More »
House of Commons during a parliamentary debate, viewed from the back of the chamber with ministers facing rows of MPs. Andy Burnham Labour MPs letter

Their way

Andy Burnham’s letter to Labour MPs signals a different philosophy of government, but unless power genuinely shifts from Whitehall, it risks becoming another exercise in consultation rather than meaningful reform.

Read More »
Senior NHS leader speaking at a podium as overcrowded GP consulting rooms contrast with empty office space, illustrating conflicting messages about NHS estate capacity. Penny Dash primary care estate

New ones

Penny Dash’s latest comments on primary care estate capacity expose a fundamental contradiction at the heart of NHS policy, raising fresh questions about leadership, evidence, investment and neighbourhood healthcare delivery.

Read More »
The St George's Cross flag of England billows dramatically in the wind against a bright blue sky with scattered white clouds, symbolising English identity, pride and national heritage. NHS leadership and organisational culture

Play

Roy Lilley explores what football leadership can teach the NHS, arguing that lasting success comes not from targets or tactics alone, but from trust, culture, relationships and permission.

Read More »
A satirical street-market display imagines Andy Burnham's journey to Downing Street, complete with campaign merchandise and five proposed NHS reforms. Andy Burnham NHS reform

Feel-the-Burn

Andy Burnham’s route to Downing Street should begin with five practical NHS reforms: devolve power, fund patient journeys, modernise digitally, empower regions and build an NHS that anticipates problems.

Read More »