Peter Vincent-Jones

Choice vs. voice? PPI policies and the re-positioning of the state in England and Wales

Context and Thesis  Changing patient and public involvement (PPI) policies in England and Wales are analysed against the background of wider National Health Service (NHS) reforms and regulatory frameworks. We argue that the growing divergence of health policies is accompanied by a re‐positioning of the state vis‐à‐vis PPI, characterized by different mixes of centralized and decentralized regulatory instruments.

Co-operation and conflict under hard and soft contracting regimes: case studies from England and Wales

BackgroundThis paper examines NHS secondary care contracting in England and Wales in a period which saw increasing policy divergence between the two systems. At face value, England was making greater use of market levers and utilising harder-edged service contracts incorporating financial penalties and incentives, while Wales was retreating from the 1990s internal market and emphasising cooperation and flexibility in the contracting process. But there were also cross-border spill-overs involving common contracting technologies and management cultures that meant that differences in on-the-ground contracting practices might be smaller than headline policy differences suggested.MethodsThe nature of real-world contracting behaviour was investigated by undertaking two qualitative case studies in England and two in Wales, each based on a local purchaser/provider network. The case studies involved ethnographic observations and interviews with staff in primary care trusts (PCTs) or local health boards (LHBs), NHS or Foundation trusts, and the overseeing Strategic Health Authority or NHS Wales regional office, as well as scrutiny of relevant documents.ResultsWider policy differences between the two NHS systems were reflected in differing contracting frameworks, involving regional commissioning in Wales and commissioning by either a PCT, or co-operating pair of PCTs in our English case studies, and also in different oversight arrangements by higher tiers of the service. However, long-term relationships and trust between purchasers and providers had an important role in both systems when the financial viability of organisations was at risk. In England, the study found examples where both PCTs and trusts relaxed contractual requirements to assist partners faced with deficits. In Wales, news of plans to end the purchaser/provider split meant a return to less precisely-specified block contracts and a renewed concern to build cooperation between LHB and trust staff.ConclusionsThe interdependency of local purchasers and providers fostered long-term relationships and co-operation that shaped contracting behaviour, just as much as the design of contracts and the presence or absence of contractual penalties and incentives. Although conflict and tensions between contracting partners sometimes surfaced in both the English and Welsh case studies, cooperative behaviour became crucial in times of trouble.

Schisms in the Church: National Health Service Systems and Institutional Divergence in England and Wales*

Since devolution, the four countries of the United Kingdom have pursued strikingly different National Health Service (NHS) reforms. While England created a supply-side market more radical than the previous internal market system, Wales moved to a softer version of the purchaser/provider split emphasizing localism. This article deploys institutional theory to analyze the forces shaping change, and describes the hybrid forms of economic organization emerging, including the economic regulation model implemented in England. The schism that has resulted in separate NHS subsystems warrants a different analysis from the more familiar phenomenon of infield divergence. We argue that schism was triggered by political-regulatory influences rather than economic or other social institutional forces, and predict that other decentralized public health care systems may follow a similar path. While political-regulatory, normative, and cognitive institutional influences push in the same direction in Wales, the misalignment of political-regulatory and normative elements in England looks set to result in a period of organizational turbulence.

The Democratic Potential of Public Participation: Healthcare Governance in England

Public participation is commonly advocated as part of the solution to the problem of democratic deficit in the development and implementation of policy. This article considers the democratic function of different arrangements for public participation, with reference to alternative rationales for democratic engagement in the health services context. We review the limitations of aggregative and representative notions, before exploring the senses in which a deliberative approach based on justification to the public can increase confidence in the democratic legitimacy of decisions. This theoretical understanding is used to evaluate the democratic potential of the legal framework for Patient and Public Involvement (PPI) in healthcare governance in England.

Contracts in the English NHS: Market levers and social embeddedness

Abstract This paper draws parallels between the market trend in the English NHS and Polanyi’s (1957) The Great Transformation: The political and economic origins of our time, Beacon Press: Boston (originally published in 1944 in the United States as The Great Transformation, Rinehart: and Co: New York, and in 1945 in England as Origins of our time, Gollancz: London) account of how the rise of markets provokes a self-protective counter-reaction that tries to re-embed economic relations in social relations. We report findings from a qualitative study of NHS contracting, which examines the recent move to harder-edged contracts with greater use of financial penalties and incentives. In practice, use of these techniques tended to be confined to nationally-mandated sections of the contract rather than emerging from local bilateral agreements, and when things went wrong the parties relied more on cooperative behaviour than on the provisions of the contract to find solutions. Making the current contracting system work depended more on existing relational networks than on the incentive structures created by recent ‘marketisation’ initiatives, but the inability of the market to evolve as expected has encouraged policy makers to publish plans for further radical reforms.

Citizen Redress in Public Contracting for Human Services

This article examines from a regulatory perspective the legal position of citizens in respect of contracted out human services. It argues that the inadequate protection of individual interests and the public interest here is a reflection of increasingly complex relationships between the state and independent sectors, expressed in the essentially hybrid character of contemporary public service organisation. Accordingly a hybrid reform strategy, rather than one that attempts to extend or develop private or public law in any particular direction, is most likely to be successful in addressing associated legal governance problems. The attainment of improved redress for service recipients, and increased accountability of contractors and other parties engaged in human services networks, requires the careful tailoring of remedies to the conditions prevailing in particular sectors. The goal of responsive law should be to foster qualities of good administration and respect for fundamental public interest values within the whole range of regulated agencies and bodies performing public service functions.

Embedding Economic Relationships through Social Learning? The Limits of Patient and Public Involvement in Healthcare Governance in England

The strategy for NHS modernization in England is privileging individual choice over collective voice in the governance of healthcare. This paper explores the tension between economic and democratic strands in the current reform agenda, drawing on sociological conceptions of embeddedness and on theories of reflexive governance. Building on a Polanyian account of the disembedding effects of the increasing commercialization of health services, we consider the prospects for re-embedding economic relationships in this field. An analysis is provided of the limits of the present legal and regulatory framework of Patient and Public Involvement (PPI) in establishing the democratic and pragmatist conditions of social learning necessary for effective embedding. We show how the attainment of reflexive governance in the public interest is dependent on such conditions, and on the capacities of patients and the public to contribute to debate and deliberation in decision making, including on fundamental policy questions such as how services are provided and by whom.

Public Contracts as Accountability Mechanisms: Assuring quality in public health care in England and Wales

Abstract Contracting in the public sector is designed to enhance the accountability of service providers to their funders. The idea is that quality is improved by the use of service specifications, monitoring of performance and imposition of contractual sanctions. Socio-legal and economic theories of contract indicate that it will be difficult to make and enforce contracts to achieve this. The results of a study of National Health Services contracting in England and Wales are reported. We conclude that contracts alone are not sufficient to improve accountability – collibration of various regulatory measures (including more hierarchical mechanisms such as performance targets) is required.