False or Misleading Information

Closed 6 Jun 2014

Opened 25 Apr 2014


The Mid Staffordshire Inquiry recommended that there should be a statutory duty on healthcare providers to be truthful when providing information. The Care Bill 2014 will make it a criminal offence for a provider to supply or publish false or misleading information.

The offence in the Care Bill is very wide in its application, but can be limited via secondary legislation to apply to specific providers and information. This consultation document sets out in more detail the policy thinking behind the proposed regulations to limit the scope of the offence, so that will only:

  • apply to providers of NHS funded secondary care, and;
  • apply to certain types of information providers are required to publish or submit.


Why We Are Consulting

The consultation seeks views on the proposed scope of regulations that will bring the FOMI offence into effect.

The regulations will initially restrict the offence only to providers of NHS funded secondary care and to certain information which they are legally required to publish or submit. This focus is in part to address the concerns raised by the Mid Staffordshire Inquiry and also to focus the offence so that evidence of its impact can be understood. 

This consultation seeks views on:

  • Whether the proposed list of specified information requests should fall within scope of the offence?
  • Whether proposed list captures information of importance to the public, commissioners and regulators?

What Happens Next

We will consider if changes are needed to the draft regulations in light of the comments submitted to the consultation. All respondents to the consultation will be notified when the draft regulations are laid before Parliament in the summer and of any changes that have been made.

The regulations will need to be considered by Parliament before they become law and further changes to the regulations may result as part of that process.


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