Regulation of healthcare providers

The healthcare sector is heavily regulated and governed by legislation as diverse as that regulating administration of drugs, competition between healthcare providers, complaints about treatment given by the National Health Service (NHS), data protection, freedom of information requests, food hygiene, mental capacity of patients in consenting to treatment, procurement in supplies and regulation of professional standards of individual practitioners. There are also a number of guidelines such as National Institute of Clinical Excellence (NICE) and supervisory bodies appointed to have oversight of different aspects of healthcare provision that providers are expected to adhere to. See Practice Note: NICE Guidance.

Regulation relating to public healthcare in England is primarily governed by the Health and Care Act 2022 (HCA 2022); Health and Social Care Act 2012 (HSCA 2012), both of which made substantial amendments to the National Health Service Act 2006 (NHSA 2006) and other NHS legislation. HSCA 2012 is the product of a number of initiatives that seeks to put patients first, improve healthcare outcomes and change the structure of commissioning powers.

Regulation of healthcare (both public and private) can be divided

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Local Government weekly highlights—11 September 2025

This week's edition of Local Government weekly highlights includes: case analysis of R (AA) v Waltham Forest LBC, which sets out that judicial review is correct route to challenge section 189A plans under HA 1996; Chidswell Action Group v Kirklees Council, in which the court quashed planning permission where the section 106 agreement was not published pre-decision and Wild Justice v Pembrokeshire Coast NPA, in which the court quashed planning permission due to the authority's failure to publish a key ecological report. Case reports include R (AN) v Barking and Dagenham LBC, in which the court found the housing assessment breached statutory duties under HA 1996, CA 2004 and EqA 2010; R (Andrew Rickards) v East Hertfordshire DC, in which the court allowed a judicial review challenge of the LA's prior grant of approval to erect Green Belt polytunnels; R (Anaesthetists United Ltd) v GMC, in which the court rejected a judicial review application questioning whether GMC acted lawfully in implementing regulatory powers under Anaesthesia Associates and Physician Associates Order 2024 and A Local Authority v A Mother and others, in which the court rejected the LA care order applications in finding the parents' travel plans did not constitute unreasonable parenting. It also includes Ofsted's announcement of major changes to education inspection frameworks, the Education Committee's launch of an inquiry into early years sector reforms and further updates on Social housing, Healthcare, Public procurement, Education, Governance, Social care and Environmental law and climate change.

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