The NHS Performers Lists are an important part of the regulatory framework for primary care in England. NHS England describes the lists as a framework intended to help ensure that medical, dental and ophthalmic practitioners providing NHS primary care services are qualified and competent to provide safe and effective care.
When concerns are raised about a performer’s conduct, capability or other relevant matters, NHS England may assess the information, seek further evidence and, where necessary, commission an investigation. The outcome can affect a practitioner’s ability to continue providing NHS primary care services.
Who is covered by the NHS Performers Lists?
The lists apply to relevant primary care medical, dental and ophthalmic practitioners in England. The statutory framework is primarily contained in the National Health Service (Performers Lists) (England) Regulations 2013, as amended.
There have been amendments to the framework over time, so practitioners should check the current rules that apply to their particular role and circumstances.
How can a concern about a performer arise?
NHS England may receive information from employers, commissioners, professional regulators, police, counter-fraud bodies, patients or other sources. Concerns can relate to conduct, capability, health, criminal matters, professional regulatory investigations or other issues relevant to the performer’s suitability to remain on the list.
A concern does not automatically mean that adverse action will follow. NHS England’s policy provides for information gathering, risk assessment and proportionate decision-making.
What happens during an NHS Performers List investigation?
NHS England’s current policy explains that a formal investigation may be commissioned where the available information is insufficient or conflicting and it is necessary to establish the facts. A case investigator may be appointed and terms of reference set the scope of the investigation.
The performer should be informed of the decision to investigate and provided with the terms of reference and relevant information that NHS England plans to share with the investigator. The investigation is intended to gather facts rather than itself make the final decision.
What decisions can NHS England make?
Depending on the evidence and the statutory framework, possible outcomes can include no further action, management through agreed measures, conditions, suspension or removal from the list. The precise options and tests depend on the circumstances and the relevant provisions of the regulations.
Where immediate patient-safety concerns are identified, NHS England may need to consider urgent protective measures.
Why early representations matter
The early stages of a Performers List matter can shape the scope of any investigation and the issues later considered by decision-makers. Clear written representations can help correct factual inaccuracies, provide context and identify relevant evidence before positions become entrenched.
Practitioners should keep copies of relevant clinical, employment, appraisal, training and regulatory material and avoid responding speculatively where the facts are not yet clear.
How can a professional regulation solicitor help?
A solicitor experienced in professional regulation can help a performer understand the NHS England process, prepare responses, review terms of reference, organise evidence, prepare for meetings and consider challenge or appeal routes where appropriate.
Adkirk Law has a dedicated NHS Performers List investigations service within its professional regulation practice and also advises on related disciplinary, regulatory and judicial review matters.
How Adkirk Law can help
If you are dealing with a regulatory or professional issue connected with this subject, speak to Adkirk Law for advice tailored to the facts of your case. Early advice can help you understand the process, organise the evidence and decide on the most appropriate next step.
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What is the NHS Performers List?
It is part of the regulatory framework used by NHS England for relevant medical, dental and ophthalmic practitioners providing NHS primary care services in England.
Who manages the NHS Performers Lists in England?
NHS England is responsible for managing the lists, with professional standards teams and regional decision-making structures involved in applications and concerns.
What can trigger a Performers List investigation?
Concerns may arise from employers, regulators, police, counter-fraud bodies, patients or other sources and may relate to conduct, capability, health or other matters relevant to suitability.
Can NHS England suspend or remove someone from the Performers List?
The statutory framework includes powers relating to conditions, suspension and removal, subject to the applicable legal tests and procedures.
Should I get legal advice during an NHS Performers List investigation?
Early advice can be valuable where NHS England has raised concerns, requested detailed representations, commissioned an investigation or is considering conditions, suspension or removal.
