Improve Legislative Framework

Recommendation 8 from the Sir Jonathan Michael Report states that:

'Primary and/or secondary legislation should be introduced as required, and included in the legislative programme as soon as possible, in order to form a modern, comprehensive legislative framework. This legislation should address weaknesses or gaps in the current system as well as enabling the implementation of the recommendations contained in this Report, such as any necessary legislation to establish Manx Care'.

The project will address the gaps in the law needed to underpin a safe and responsible health and care service for the Isle of Man, as highlighted in the Review. This project will determine the need for new or amended legislation, and work with the relevant stakeholders to take forward its introduction into statute. With an incremental approach to developing the revised legislative framework, the project was split into three parts:

• Part 1: The Manx Care Act 2021 came into force in its entirety on 1 April 2021, establishing Manx Care and implementing some of the high-level recommendations within the Report, including a duty of candour and a duty to share information. Additionally, secondary legislation was prepared and laid before/approved by Tynwald as required to enable the establishment of Manx Care.
• Part 2: A framework National Health and Social Care Services Bill (known as the 'Reform Bill') will be the main piece of legislation for the Island’s national health and care service, consolidating the National Health Service Act 2001, National Health and Social Care Act 2016 and Social Services Act 2011. The project will deliver this Bill and subsequent pieces of secondary legislation to create a modern framework that can be more readily kept up to date.
• Part 3: The remaining legislative changes identified as gaps by the Report will be addressed separately, after Parts 1 and 2, along with any other new areas identified as required through the wider work of the Programme not otherwise enabled prior to this phase.

Complaints Regulations: In April 2021, the Department of Health and Social Care was required by Tynwald to review its Complaints Regulations and return to November 2021 Tynwald with updated Regulations. The Department was asked to include a clear procedure for handling complaints at the local resolution stage (where the service was provided) and at the independent review stage. The Transformation Programme supported the Department with these interim Complaints Regulations alongside Part 2 of the Project. Members of the public were invited to have their say on proposals to update and improve the way complaints about health and social care services are handled in the Isle of Man. The consultation explains how government is taking a two-pronged approach to reforming the Island’s health and social care complaints process. The public consultation closed 18 October 2021, and we would like to thank those who participated. You can view the summary of responses received here.

• Royal Assent for the Manx Care Act 2021 announced and in force in its entirety on 1 April 2021
• Duty of Candour Regulations approved by Tynwald and in force on 1 April 2021. The Duty of Candour Regulations mean organisations that provide health and care services have a duty to be open and honest. In the duty of candour consultation, the public were invited to give their views on proposals to ensure greater honesty and transparency for patients and service users when things go wrong with their treatment and care. The public consultation closed on 22 January 2021. The comments were reviewed and you can view the summary of responses received.
• Amendments to the Complaints Regulations to account for establishment of Manx Care approved by/laid before Tynwald and in force from 1 April 2021
• Ongoing development of the policy for the Reform Bill
• Complaints Regulations redrafted
• Key stakeholder consultation and public consultation on Interim Complaints Regulations
• Feedback from the consultation is being incorporated into the final Interim Complaints Regulations
• Consultation report on Interim Complaints Regulations issued
• Interim Complaints Regulations approved by Tynwald July 2022

• Continued development of the policy for the Reform Bill
• Consultation on prioritised policy areas under the Reform Bill

Main recommendation: 8

Linked recommendations: 2 5 9 10