Putting regulation in its place Harry Cayton Chief Executive Right-touch regulation CLEAR...
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![Page 1: Putting regulation in its place Harry Cayton Chief Executive Right-touch regulation CLEAR Conference, July 7 2011.](https://reader036.fdocuments.in/reader036/viewer/2022081520/56649cd95503460f949a21c2/html5/thumbnails/1.jpg)
Putting regulation in its place
Harry CaytonChief Executive
Right-touch regulationCLEAR Conference, July 7 2011
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Right touch regulation
‘Right touch regulation is based on a proper evaluation of risk, is proportionate and outcome focussed; it creates a framework in which professionalism can flourish and organisations can be excellent. Excellence is the consistent performance of good practice combined with continuous improvement.’
Harry Cayton CHRE Review 2009
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Elements of the right-touch approach
• Identify the problem before the solution• Quantify the risks • Get as close to the problem as possible• Focus on the outcome • Use regulation only when necessary• Keep it simple• Check for unintended consequences• Review and respond to change
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1. The agencies creating quality
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Law
Regulators
Employers
Professionals
People
High-quality
healthcare
The shared responsibility for high-quality healthcare
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Example 1: Surgical Podiatrists
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Recognising a new specialty
Law
Regulators
Employers
Professionals
People
Unmanaged Risk
High quality
healthcare
Surgical podiatrists
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Recognising a new specialty
Law
Regulators
Employers
Professionals
People
High quality
healthcare
Residual risk
Surgical podiatrists
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Recognising a new specialty: conclusion
Law
Regulators
Employers
Professionals
People
High quality
healthcare
Surgical podiatrists
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Example 2: Healthcare support workers
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Law
Regulators
Employers
Professionals
People
Regulating a new group
High quality
healthcare
High quality
healthcare
Healthcare support workers
Unmanaged risk
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Regulating a new groupHealthcare support workers
High quality
healthcare
Law
Regulators
EmployersProfessionals
People
Residual risk
High quality
healthcare
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Regulating a new group: conclusion
Law
Regulators
Employers
Professionals
People
High quality
healthcare
Healthcare support workers
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Applying the principles to other areas of lifeOrganising school trips – Current situation
Law
Regulators
Employers
Professionals
People
High quality
education
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Law
Regulators
Employers
Professionals
People
High quality
education
Applying the principles to other areas of lifeOrganising school trips – New situation
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2. Right-touch regulation decision steps
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Right-touch questions: step one
1. What is the problem?
2. Is the problem about risk?
• No – Stop, don’t regulate. If the problem is not about risk there’s no need to regulate
• Yes – go to 3
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Right-touch questions: step two
3. What are the risks?
4. How great are the risks?
5. Are the risks currently managed?
•Yes – Stop, don’t regulate, use the existing solution to manage the problem
•No – go to 6
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Right-touch questions: step three
6. Where and why is the problem occurring?
7. Can the problem be solved locally?
•Yes – Stop, don’t regulate, use targeted local approaches
•No – go to 8
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Right-touch questions: step four
8. Is there a regulatory solution in line with the principles of good regulation?
•No – consider other regulatory options - go back to 8
•Yes – go to 9
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Right-touch questions: step five
9. Are there any new risks or unintended consequences?
•Yes – Stop, consider other regulatory options - go back to 8
•No – regulate. Review regularly and respond to change
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Principles of good regulation
• Proportionate• Targeted• Transparent• Accountable• Fair• Agile
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The first law of right-touch regulation:Apply the minimum regulatory force needed to achieve the outcome.
The second law of right-touch regulation:Use regulation as a last resort.
The third law of right-touch regulation:A list is not a solution
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www.chre.org.uk