Statutory barring system confirmed for senior roles, but dual regulation concerns remain
The Department of Health and Social Care (DHSC) has announced it will introduce a statutory barring system to regulate NHS executive managers and leaders in England, following a public consultation earlier this year. The move closely aligns with recommendations made by the Florence Nightingale Foundation (FNF), following consultation with our membership network of senior nursing and midwifery leaders.
The new system will apply to all board-level directors and their direct reports within NHS organisations. It will allow for investigations into serious concerns about conduct, with individuals added to a “negative register” if allegations are upheld. The aim is to remove unfit managers from leadership roles while maintaining fairness and avoiding a punitive culture.
The new NHSE Management and Leadership Framework, currently being developed by FNF in partnership with a national consortium, is prominently referenced in the government’s response and positioned as an essential foundation for the new system, setting the standards and expectations required to support effective regulation.
However, the government has deferred a decision on the complex issue of dual regulation, particularly relevant for senior clinicians such as nurses and midwives who already hold professional registrations. The response notes that this issue will be tested further with system stakeholders.
The Health and Care Professions Council (HCPC) has been named as the regulator to carry out the new statutory function. Legislation will be required to enact this change, with a draft bill expected to be consulted on for three months before debate in the second half of 2026. Full implementation is not expected until late 2026 or early 2027.
The government also reiterated its commitment to creating a new College of Executive and Clinical Leadership, which will support professional development, define career pathways, and hold responsibility for management standards across the NHS.
Commenting on the announcement, Professor Greta Westwood CBE RN, CEO of the Florence Nightingale Foundation, said:
“It’s right that the government is taking a proportionate and focused approach to regulation, especially for the most senior roles. But regulation on its own won’t deliver the leadership transformation we need. Career development must be supported at every level of leadership and management. We’re really pleased to see the NHSE Management and Leadership Framework recognised as a key part of making that happen, a framework FNF co-developed
Introducing dual regulation, particularly for senior clinical nurse and midwife leaders, will be complex, and it’s vital we get it right. As work begins on shaping this, alongside the new College of Executive and Clinical Leadership, we’re ready to bring our expertise to the table to help ensure the approach is fair, inclusive, and future-focused, supporting the kind of leadership culture the NHS in England needs.”
