Monitor publishes draft guidance for Trust Special Administrators

Published on: 27th February 2013

Monitor has today published guidance in draft form for Trust Special Administrators who may in future be appointed to run NHS foundation trusts where the provision of quality services is threatened.

Over the next few weeks the sector regulator will be seeking views from providers, commissioners and other interested parties about how individuals who take on the duties of a Trust Special Administrator will be appointed and carry out their statutory roles.

Under the Health and Social Care Act 2012, Monitor has powers to appoint a special administrator where a foundation trust is likely to become insolvent and where it cannot continue to provide quality services in the future. The powers are expected to be used when attempts to stabilise the trust have failed.

When a Trust Special Administrator is appointed, they must prioritise the delivery of services to patients and work with commissioners and other local healthcare organisations to find a clinically robust and sustainable way of providing services in the future. Their proposed solution must undergo a public consultation.

David Bennett, Chief Executive at Monitor, said:

"Trust Special Administrators will only be called upon in exceptional circumstances, when we have worked with a foundation trust to explore all other options for safeguarding patient services.

When these circumstances arise the Guidance will help Trust Special Administrators as they work with local commissioners to make sure that patients can continue to receive the care that they need."

ENDS

Notes to editors

  • For media enquiries please contact Isabella Sharp, Media Relations Manager, on 020 7340 2442 (Isabella.sharp@monitor-nhsft.gov.uk)
  • Monitor has powers to appoint a Trust Special Administrator under the Health and Social Care Act 2012. These powers are similar to those held by the Secretary of State in respect of NHS trusts, and which were recently exercised for the first time by appointing an administrator to South London Healthcare NHS Trust. The full Draft statutory guidance for Trust Special Administrators appointed to NHS foundation trusts can be found here.
  • Responses to are invited until 11 March and should be emailed to alex.williams@monitor-nhsft.gov.uk. Final guidance will be published in March 2013, after the responses have been considered.
  • Monitor is the sector regulator of NHS-funded health care services. Under the Health and Social Care Act 2012 its fundamental duty is to protect and promote the interests of people who use them. Information about Monitor’s new role can be found here.
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