Managing performance concerns

The National Health Service (Performers Lists) (England) Regulations 2013 (Performer List Regulations) as amended provides the regulatory framework for managing medical, dental and ophthalmic performers who perform primary care services and entrusts the responsibility for managing the performers lists to NHS England as the commissioner of primary care services. NHS England’s Framework for Managing Performer Concerns sets out NHS England’s governance arrangements for operationalising the Regulations.

To meet these obligations, an NHS England policy is in place Policy on managing the NHS Performers Lists. This policy covers the processes by which NHS England:

• administers the lists to ensure that the details of those included on them are up to date
• manages concerns that arise to ensure that those included on the lists continue to be fit for purpose and safe to perform primary care services

For further information refer to NHS England’s performers lists policies and procedures.

The data sources are far-reaching and data may be provided by anyone raising a concern with regards to primary care practitioners.

The data includes the identity of the performer, details of the concern and the details of the person raising the concern as well the outcomes of any action taken regulatory or not.

The data is received by specialist teams in the Medical Directorate in the NHS England region where the performer is based. Regulatory or law enforcement bodies may be informed as deemed necessary.

For GDPR purposes NHS England’s lawful basis for processing is Article 6(1)(e) '…exercise of official authority…'  For the processing of special categories data the basis is 9(2)(h) '…health or social care…'.