How Monitor regulates NHS foundation trusts

Monitor has created a forward-looking, risk-based system of regulation which informs the intensity of monitoring. It identifies actual and potential financial and non-financial problems, and deals with them effectively.

On authorisation, each foundation trust is assigned a Monitor relationship manager (details can be found in the foundation trust directory). The relationship manager ensures that where an NHS foundation trust fails to comply with its terms of authorisation, the trust’s board takes the appropriate remedial action.

The terms of authorisation are a set of detailed requirements covering how foundation trusts must operate. They include:

  • the general requirement to operate effectively, efficiently and economically;
  • requirements to meet healthcare targets and national standards; and
  • the requirement to cooperate with other NHS organisations.

Monitor’s Compliance Framework describes how we monitor foundation trusts compliance with their terms of authorisation.

Monitor requires each foundation trust board to submit an annual plan and quarterly and ad hoc reports. Performance is monitored against these plans to identify where potential and actual problems might arise.  Monitor publishes quarterly and annual reports on these submissions and assigns each foundation trust with an annual and quarterly risk rating. These risk ratings are designed to indicate the risk of a failure to comply with the terms of authorisation. We publish three risk ratings for each NHS foundation trust, on:

  1. governance (rated red, amber or green);
  2. finance (rated 1-5, where 1 represents the highest risk and 5 the lowest); and
  3. mandatory goods and services (rated red, amber or green) - mandatory goods and services are defined in a foundation trust’s terms of authorisation. These are the services the trust is contracted to supply to its commissioners.

Based on these risk ratings, the intensity of monitoring and the potential need for regulatory action is considered on a case-by-case basis. This also applies where a foundation trust is performing well, for example moving from the usual quarterly monitoring to six-monthly monitoring.

When a foundation trust is at risk of breaching its terms of authorisation Monitor requires them to explain why and it is likely we will require an action plan from the board. If this plan fails to demonstrate improvement in an acceptable time period, Monitor’s Board will consider using its formal powers to intervene. More information can be found in Regulatory action.

Related links

Related publications

  • Compliance Framework 2010-11 - the Compliance Framework sets out the approach Monitor will take to assess the compliance of NHS foundation trusts with their Terms of Authorisation.
  • NHS foundation trusts: quarterly reports
    Reports on the performance of NHS foundation trusts and Monitor’s regulatory activity, based on quarterly submissions to Monitor by NHS foundation trusts.