Regulatory action

The intensity of monitoring and the specific requirements we place on boards of trusts are considered case-by-case and reflect the risk of an actual or potential breach of their licence. Prompt action ensures that accountability remains with the trust’s board and problems do not escalate.

Where we suspect a foundation trust has breached, or is at risk of breaching, its licence we may launch an investigation in accordance with our Enforcement Guidance, for example, if it consistently fails to meet national standards of care or is at financial risk, we will require it to explain why. We will then require an action plan setting out how it plans to resolve the problem.

If an NHS foundation trust has failed to comply with the licence conditions, for example, if it consistently fails to meet required standards of care or is at significant financial risk – Monitor may decide to use its statutory powers of intervention. Where we do intervene formally, it is always with the aim of resolving issues as quickly as possible and in the most effective way.

Monitor’s formal powers of intervention are described in the Enforcement Guidance.

To date, Monitor has used its formal intervention powers in these NHS foundation trusts

You can find out more about how we work with NHS foundation trusts, particularly when they are not meeting certain targets and standards, in our reports on NHS foundation trusts.

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