Regulation ‘chilling effect’ could ‘increase fear’ for NHS managers

Regulating managers could have a “chilling effect” dissuading people from taking up challenging roles, and cause risk aversion to difficult decisions, the government has acknowledged.

The Department of Health and Social Care published a consultation last week on introducing professional regulation for NHS managers.

Government and NHS England have moved towards supporting professional regulation in the wake of last year’s conviction of neonatal nurse Lucy Letby for murdering babies.

The consultation document set out potential risks and benefits. Risks include “deter[ing] external talent from joining” as well as “implications for ongoing employment of existing NHS managers”. The document cites a possible “chilling effect” whereby regulation “may increase the fear of sanctions and individuals… may be deterred from taking up already challenging board roles”.

Another risk states: “NHS managers monitor risks and face challenging decisions to balance patient safety, operational performance, and financial sustainability. Additional regulation may change the framing for the difficult judgements that frontline, system and national NHS managers make on a daily basis, by increasing their aversion to risk.”

A further risk is “a high quantity of vexatious concerns being raised”.

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Source: HSJ, 5 December 2024