Supporting NHS trusts and foundations trusts on good governance and collaboration within Integrated Care Systems

As part of the development of ICSs, NHS England has launched a six week consultation on draft guidance supporting NHS trusts and NHS foundation trusts to work effectively within systems. The draft guidance has been updated to reflect the establishment of ICSs underpinned by legislation in the Health and Care Act 2022.

NHSE are keen to hear from leaders across the provider sector by 8 July 2022 in readiness for the publication of the final versions of the guidance in summer 2022. NHS Providers has organised a number of roundtables on the draft guidance, two of which may be of interest. To find out more, click here and here.

What do the consultations cover?

Addendum to your statutory duties – a reference guide for NHS foundation trust governors

The draft addendum adds to existing guidance for governors. It only applies to the role of governors within its own foundation trust’s governance. It is not statutory guidance – and therefore, trusts do have discretion over whether they follow it.

It sets out how they will be supported to carry out their statutory duties as ICSs develop and trusts are expected to collaborate effectively with system partners. For example, it covers the specific statutory duties to approve “significant transactions”, mergers, acquisitions, separations or dissolutions.

You can respond to this consultation here.

Guidance on good governance and collaboration under the NHS provider licence

The draft guidance sets out expectations of collaboration in three key areas and details five characteristics of governance arrangements to support effective collaboration.

It includes a table at page 12 with an explanation of the characteristics and key lines of enquiry. Appendix A includes a set of scenarios illustrating ways in which providers can collaborate effectively. This complements earlier published guidance on collaborating with other providers at scale.

The online survey can be accessed here.

Code of governance for NHS provider trusts

The draft updated Code applies to both NHS foundation trusts and, for the first time, NHS trusts. It provides an overarching framework for the corporate governance of trusts that complements their statutory and regulatory obligations.

To share your views complete the survey here.

Our content explained

Every piece of content we create is correct on the date it’s published but please don’t rely on it as legal advice. If you’d like to speak to us about your own legal requirements, please contact one of our expert lawyers.

Posted by


Mills & Reeve Sites navigation
A tabbed collection of Mills & Reeve sites.
My Mills & Reeve navigation
Subscribe to, or manage your My Mills & Reeve account.
My M&R


Register for My M&R to stay up-to-date with legal news and events, create brochures and bookmark pages.

Existing clients

Log in to your client extranet for free matter information, know-how and documents.


Mills & Reeve system for employees.