Assessing the quality of regulators’ guidance

Issues surrounding the provision of guidance on professional healthcare practice has not been settled. The Law Commissions’ consultation initially presented the provision of guidance as a regulator’s duty but despite wide support during consultation, the final draft had diluted the duty to a power. The Professional Standards Authority requires that regulators provide guidance as part of its Standards for Good Regulation and promote guidance as part of evidence for inclusion on its accredited register. However different regulators take very different approaches to the provision of guidance for registrants. The presentation describes a project which assesses the quality of guidance concerned with the disclosure of confidential information, a topical subject due to recent legislation and legal proceedings. After outlining a framework of analysis constructed using authoritative guidance from the General Medical Council, Department of Health and relevant legal texts and cases, the presentation will assess guidance from statutory regulators and organisations with accredited registers, arguing that a substantial number of guidance documents provide erroneous guidance. This could be important in future cases in regulators’ disciplinary procedures and legal cases and may be indicative of poor guidance provided in other areas of professional practice, ultimately undermining public confidence in regulation. In the context of increasing complexity of professional healthcare practice, including developing legislation and cases, clear guidance is necessary for education and practice. Deciding on which subjects can be the subject of common guidance, and who issues and assesses it are important questions for professional regulation in the future.