News / Department eases fines levied on mixed wards

Commissioners of NHS services in England have been given discretion over the level of financial sanction for breaches of same-sex accommodation requirements.

The new policy will apply from 1 January and represents a relaxation of the requirements of the standard contract for 2010/11. Under the contract, commissioners must deduct the total cost of the service or treatment for all patients affected by a breach of same-sex accommodation requirements.

Mixed-sex accommodation should be eliminated, except where in the overall best interests of the patient (such as in critical care units) or where it reflects patients’ choice – for example, children and young people will choose to share with patients of the same age or condition, regardless of gender.

But from the beginning of 2011, commissioners will be able to offer a variation of the existing contract to providers – the change will allow commissioners to withhold 10%-100% of the total cost of providing the service or treatment. In a circular, the Department of Health insisted the deduction should not be less than 10%.

Where other breaches have been identified – such as of same-sex bathroom policy or involving women-only day rooms in mental health hospitals – providers should put forward a remedial action plan, agreeing with commissioners the financial consequences should breaches still occur.

Commissioners can withhold 10% of monthly payments if the provider fails to draw up an action plan to deal with these breaches.