Examining inequalities in the provision of elective surgical and diagnostic procedures
University of Newcastle upon Tyne · Academic
In term In term in the September 2026 edition: the latest version runs to 12 September 2027.
- Reference
- DARS-NIC-167794-K1P8H
- Current version
- v4.3
- Term of current version
- 13 September 2024 to 12 September 2027
- Start date
- 1 March 2019
- Data controller
- Sole Data Controller
- Commercial purposes
- No
- Sublicensing
- No
- Files released to date
- 50
Why the data was released
Objective for processing
Newcastle University requires access to NHS England data for the purpose of the following research project: Impact of patient choice in inequality in surgical and diagnostic procedures.
The following is a summary of the aims of the research project provided by Newcastle University:
Newcastle University seek to examine the impact of patient choice in the NHS in both secondary care as choice of provider and in primary care as choice of GP. Following the NHS Plan in 2000, providers of health care services have expanded rapidly through the commercial contracting of NHS services. In 2003, privately owned independent sector treatment centres (ISTCs) were commissioned to treat NHS patients, focussing on high–volume elective surgical procedures and this was further expanded in 2005 and later repackaged as ‘free choice’ agenda, allowing any private provider of healthcare to provide elective care to any NHS patient provided they had registered with the relevant body. The 2012 Health and Social Care Act, has made commercial tendering of NHS contracts almost compulsory.
Also, as a result of the 2012 Act, the General Practice Choice Policy was introduced and since 05 January 2015 has allowed NHS patients to choose to register with a GP despite living outside the practice’s boundary area marking a change from the traditional place based method of organising GP practice lists. The aim of the scheme is to enhance convenience for patients who, for example, may choose to register with a GP near their work rather than their home and to improve the quality of access for patients to GP services. What is not known is the potential for destabilising of general practices with innovations, exploiting the new freedoms, as funding follows patients and local GPs are left with increasing proportions of older, sicker patients. The British Medical Association fear a widening of inequalities where the “choice” for many patients will be determined by their health, wealth and age leading to a destabilisation of practices through the loss of “commuter patients” disadvantaging the “frail, old or poor".
Research Questions:
1. Since the introduction of patient choice of general practitioner (GP) in 2015 and free choice at referral between 2006 and 2008 in the NHS in England, what has been the effect on elective treatment access, utilisation and quality for hip and knee replacement, cataract surgery, arthroscopies, hernia operations and cholecystectomies?
2. Have any changes in access, utilisation and quality occurred equitably with respect to socio-economic deprivation, age, gender and comorbidity?
3. What is the effect of selecting a GP out of area, the use of different provider types and the use of referral management centres on equity?
4. Are there modifiable delivery or implementation aspects of the "patient choice" procedures and processes that could ameliorate any inequities found in the analysis?
Objectives:
1. Analysis of NHS Scotland data for elective treatments: primary hip replacement; primary knee replacement; cataract operation; arthroscopy; cholecystectomy; and hernia operation; all by treatment rate and waiting time inequality.
2. Analysis of NHS England data for elective treatments: primary hip replacement; primary knee replacement; cataract operation; arthroscopy; cholecystectomy; and hernia operation; all by treatment rate and waiting time inequality.
3. Comparison of NHS England and NHS Scotland for treatment rate and waiting time inequality.
4. Analysis of NHS England data for: treatment access (waiting time and distance travelled for treatment), utilisation (treatment rates) and quality (length of stay; 30-day and one-year all-cause mortality; and 30-day all cause readmissions) for national and CCG populations using NHS England treatment data for hip and knee replacement, cataract surgery, arthroscopy, cholecystectomy and hernia operation.
5. Develop modelling methods and analyse NHS England data on choice of GP out of area, provider type and use of referral centres.
The level of data is pseudonymised.
The data is minimised as follows
· Limited to a study cohort identified by NHS England as meeting the following criteria: All patients between 1997-2023 who had any of the following 6 treatments: Cataracts, Hip Replacements, Knee Replacements, Inguinal Hernia, cholecystectomy, or arthroscopy
· Limited to conditions relevant to the study identified by specific ICD or OPCS codes: Cataracts, Hip Replacements, Knee Replacements, Inguinal Hernia, cholecystectomy, and arthroscopy
Organisations
The study is a research project carried out by researchers at Newcastle University. Newcastle University are the sole data controller for the study and will also process the data. The work will follow on from previous work investigating service changes and effects on inequality of access for NHS funded treatment in Scotland and England. All data access will be through Newcastle University.
Newcastle University work with a number of clinicians from the NHS in Scotland, England and nationally in the fields of orthopaedics and ophthalmology who have collaborated in writing papers derived from the analysis. None of these clinicians have access to record level data, and Newcastle University have only shared results with them.
Why are Newcastle University undertaking this work?
The 2012 Health and Social Care Act established a duty on the Secretary of State for Health to “have regard to the need to reduce inequalities between the people of England with respect to the benefits that they can obtain from the health service.” The research proposed here will analyse whether this duty is being fulfilled in the context of UK government health policy driving NHS reform and patients’ ability to access NHS treatment equitably. This work follows on from previous work on investigating equality of access in the context of service changes and was instigated by the researchers themselves.
The lawful basis for processing personal data under the UK GDPR is:
Article 6(1)(e) - processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
The lawful basis for processing special category data under the UK GDPR is:
Article 9(2)(j) - processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) based on Union or Member State law which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject.
Health inequalities are a major public health issue. It is important that any measures taken to reduce the large waiting lists now in existence following Covid are such that they do not lead to a worsening of already existent health inequalities among the public.
Funding
The funding is provided by Newcastle University. The funding is specifically for the study described. Funding is in place until the end date of the study.
Processing activities
No data will flow to NHS England for the purposes of this Agreement.
Newcastle University have been provided with data going back to 1997/98 to allow sufficient time before the implementation of patient choice (of provider) to allow a trend analysis, and also to allow a comparison with data at Newcastle University from NHS Scotland. The researchers required national data as patient choice is a national policy, additionally it will be important to identify regional variations in effects of the policy on treatment access equality. The lowest level of coding within the extract to allow consideration of regional variation is at Clinical Commissioning Group level. GP Practice code has not been provided. Newcastle University have researched in detail to identify what they think are the key procedures in terms of them being high volume and likely to be informative on measures of equality. There is a requirement for sensitive data such as diagnostic information, these will only be used to measure levels of co-morbidity.
The data has been transferred to Newcastle University using Secure Electronic File Transfer. The data is stored in the University’s Filestore, managed by the University’s IT Service, and located in the University’s restricted access data centre (mirrored between the on-site and off-site data centres using dedicated fibre connections). All hardware used to deliver the data centre infrastructure (on-site and off-site) is exclusively owned by Newcastle University.
Access is restricted to employees or agents of Newcastle University.
Newcastle University uses offsite back-up services provided by Pulsant.
The data will not be linked with any record level data. There will be no requirement nor attempt to re-identify individuals from the data. The data will not be made available to any third parties other than those specified except in the form of aggregated outputs with small numbers suppressed in line with the HES Analysis Guide.
The data will not leave: England or Wales at any time.
All personnel accessing the data have been appropriately trained in data protection and confidentiality.
There will be no requirement and no attempt to reidentify individuals when using the data.
Expected output
As detailed above, the Secretary of State for Health has a duty to have due regard to reducing inequalities in a patient’s experience of using the NHS in England. This research will provide the government with evidence of the effects of health policy on patient choice of GP and provider on patient’s ability to access treatment equitably.
Integrated Care Boards (ICBs) in England, planners and policy makers with responsibility for ensuring equity of access to health services need to understand the impact of service changes on differing patient groups especially the vulnerable and potentially disadvantaged. Knowledge is power and the purpose of this research is to provide ICBs, planners and policy makers an understanding of the possible effects of implemented service changes, in this case patient choice both in terms of GP and provider of health care. This should enable those organisations to instigate changes locally and nationally to ameliorate any unintended consequences of service changes which are often introduced untested and may be harming patient equity.
Prior to any publication of findings, these will be fed back to NHS England. The results will be made available to local authorities, UK and devolved government ministers and opposition political parties. As well as being of interest to planners and policy makers in local government, central government and the NHS with responsibilities in the areas of public health, health care and health inequalities, Newcastle University expect the research findings to be of interest to advocacy groups and charities working on behalf of potentially disadvantaged patients. Results from this project will also be compared to those from a separate analysis from Scotland and conclusions drawn will be used to inform policy and practice debates in Scotland and England.
Newcastle University will be flexible and tailor outputs depending on findings but these are likely to include a series of ‘policy briefings’ for politicians in the UK governments, healthcare commissioners, policy makers and planners at local and national level.
An impact strategy has been developed to influence policy and practice and has been designed to ensure robust translation and communication plans. The outputs will be of the greatest value to the study's intended beneficiaries (ICBs, planners and policy makers) and other key audiences. The study team will build on existing networks and in collaboration with their non-academic partners will influence key policy and practice arenas and ensure long-term use of the research findings.
Newcastle University researchers will analyse data and publish a research report, reporting:
- Annual numbers of elective procedures, by type of procedure and provider type (acute NHS trusts, foundation NHS trusts, Independent Sector Treatment Centres and other private providers).
- Crude annual rates of elective procedures, by type of procedure and provider type.
- Standardised rates of elective procedures, by type of procedure and provider type.
- Changes in inequalities between ages, sexes and deprivation categories by type of procedure and provider type through regression modelling.
Number and rates will be reported at national and ICB level. These outputs will be made available in an academic publication such as in the British Medical Journal, accessible by academics, clinicians and the public. Data will not be used for sales and marketing purposes.
All outputs will contain only data that is aggregated with small numbers suppressed in line with the HES Analysis Guide.
There have so far been two publications relating to this work:
Kirkwood G, Buchan J, Pollock AM. Waiting Times for Cataract Surgery in Scotland since 2002 and the Effect of Austerity: An Interrupted Time Series Analysis. Ophthalmic Epidemiol. 2022:1-8.
Kirkwood G, Pollock AM. Socioeconomic inequality, waiting time initiatives and austerity in Scotland: an interrupted time series analysis of elective hip and knee replacements and arthroscopies. J R Soc Med. 2022:1410768221090672.
The following are in draft form and expect to be submitted for publication in the next six months:
Marketisation and patient choice in the NHS in England. An analysis of admissions for NHS funded elective primary hip and knee replacements.
Marketisation, patient choice and austerity in the NHS in England and Scotland. An analysis of NHS waiting times for NHS funded elective primary hip and knee replacements (and cataract) operations using interrupted time series and survival models.
Part of this work takes the form of an associated staff PhD by publication.
The findings so far as detailed in the completed and draft publications are highlighting that inequalities in utilisation of NHS funded treatment are widening to the detriment of patients living in the poorest areas of England.
Findings have also shown how inequalities in access as measured by waiting times by socioeconomic deprivation have widened in England since 2002 when marketisation began unlike Scotland where inequalities have narrowed.
Early findings from work on the effect of the market overall in terms of waiting times suggest that the more NHS funded treatment is moved into private providers, waiting times for patients overall increase.
These findings are important for those designing pathways into NHS funded healthcare if the duties under the Health and Care Act 2022 are to be fulfilled in terms of reducing inequality between patients.
Expected measurable benefits
Through dissemination of the results of the project Newcastle University expect to raise awareness of the effects of government policy on patient choice with respect to health, particularly given the secretary of state’s duty with regard to the need to reduce inequalities. ICBs will find the results useful as they are currently unaware of the effects of different forms of service delivery on patient equality of access. GPs will also find the results useful as patient choice of GP is a steadily increasing phenomenon and the effects in terms of patient equality are unknown.
Newcastle University will disseminate the results in a report form to key stakeholders as soon as they have them available and prior to publication. These stakeholders will be able to use the knowledge the research will provide to adjust their strategies to health care delivery to ensure any increasing inequalities are addressed.
Other researchers (Cookson and colleagues) have found a 12% differential in favour of patients living in the least deprived areas of England in terms of waiting times attributable to patient choice, for urgent heart procedures. It isn’t known what the effects are for elective surgical procedures which is what Newcastle University researchers will analyse here. In addition the effects of patient choice of GP are unknown.
The study results will provide an evidence base for future decision making regarding the effects of patient choice in the provision of NHS funded care. It will examine causes of inequalities in access to effective treatments and can be used by patient advocacy groups, policy makers and commissioners to take measures to reduce inequalities and tackle barriers in access to treatments.
The study results will be important nationally in informing future NHS policy in countering any unintended consequences of patient choice such as increasing levels of inequality in access to treatment.
To understand how Integrated Care Boards implement patient choice and monitor inequalities in elective treatment in order to improve patient utilisation and access equality.
Research questions
In the context of elective primary hip and knee replacement in two localities; NHS Leicester, Leicestershire and Rutland Integrated Care Board and NHS North East and North Cumbria Integrated Care Board:
a) How are Integrated Care Boards implementing the patient choice framework?
b) How are Integrated Care Boards monitoring inequalities in access to treatments?
Benefits reported so far
Findings were used to inform several papers:
PUBLISHED
- Kirkwood G, Pollock AM, Roderick P. Private sector expansion and the widening NHS treatment gap between rich and poor in England: Admissions for NHS-funded elective primary hip and knee replacements between 1997/98 and 2018/19. Health Policy. 2024;146:105118.
https://www.sciencedirect.com/science/article/pii/S0168851024001283?via%3Dihub
UNDER REVIEW (March 2025)
- Kirkwood G, Hornby SJ, Pollock AM. Outsourcing NHS cataract surgery in England - a misguided policy? A comparison of waiting times and admissions in England and Scotland 1997/98 - 2018/19. International Journal of Social Determinants of Health and Health Services
- Kirkwood G, Pollock AM. Outsourcing NHS hip and knee surgery in England - a misguided policy? A comparison of waiting times and admissions in England and Scotland 1997/98 - 2018/19. An analysis using measures of health inequalities and interrupted time series methods. BMJ
AT PROOF STAGE (March 2025)
- Kirkwood G, Pollock AM. The private sector and the two-tier system within the NHS in England: an analysis of waiting time inequality for primary hip and knee replacement with interrupted time series and survival models. International Journal of Social Determinants of Health and Health Services
Datasets on the current version
Legal basis for provision: Health and Social Care Act 2012 – s261(2)(a)
| Dataset | Type of data | Sensitivity | Frequency | Confidential data |
|---|---|---|---|---|
| Hospital Episode Statistics Admitted Patient Care (HES APC) | Anonymised - ICO Code Compliant | Non-Sensitive | One-Off | Does not include the flow of confidential data |
Files released
Files released counts only files released externally by DARS. Access granted in NHS England's own systems, such as its Secure Data Environment, is not included.
Patient opt-outs were not applied to any of the 50 files released under this agreement, across every version. About opt-outs
Files released against version 4.3 of this agreement, summarised by dataset.
| Dataset | Files | First released | Last released | Opt-outs applied |
|---|---|---|---|---|
| Hospital Episode Statistics Admitted Patient Care (HES APC) | 28 | January 2025 | January 2025 | No |
Version history
The register lists each renewal of this agreement as a separate row. This site has 5 versions.
DARS-NIC-167794-K1P8H-v4.3 13 September 2024 to 12 September 2027
- Title
- Examining inequalities in the provision of elective surgical and diagnostic procedures
- Commercial
- No
- Sublicensing
- No
- Datasets
- 1
- Files released
- 28
Datasets: Hospital Episode Statistics Admitted Patient Care (HES APC)
What changed from DARS-NIC-167794-K1P8H-v3.3
Text removed is struck through; text added is underlined. Unchanged paragraphs are summarised rather than repeated.
| Field | Was | Became |
|---|---|---|
| Start date | 2024-09-13 | |
| End date | 2027-09-12 |
Objective for processing
[2 paragraphs unchanged]
"Newcastle
Newcastle
University seek to examine the impact of patient choice in the NHS
[98 words unchanged]
Social Care Act, has made commercial tendering of NHS contracts almost compulsory.
"Also,
Also,
as a result of the 2012 Act, the General Practice Choice Policy
[143 words unchanged]
through the loss of “commuter patients” disadvantaging the “frail, old or poor".
"Aim
Research Questions:
The research will address the following specific research questions:
1. Since the introduction of patient choice of general practitioner (GP) in 2015 and free choice at referral between 2006 and 2008 in the NHS in England, what has been the effect on elective treatment access, utilisation and quality for hip and knee replacement, cataract surgery, arthroscopies, hernia operations and cholecystectomies?
1. Since the introduction of patient choice of general practitioner (GP) in the NHS in England, have there been changes in elective surgery rates for key procedures and has there been a change in waiting times, distance travelled for treatment and in treatment quality?
2. Have any changes in access, utilisation and quality occurred equitably with respect to socio-economic deprivation, age, gender and comorbidity?
2. Since the introduction of patient choice of provider in the NHS in England, have there been changes in elective surgery rates for key procedures and has there been a change in waiting times, distance travelled for treatment and in treatment quality?
3. What is the effect of selecting a GP out of area, the use of different provider types and the use of referral management centres on equity?
3. Have any changes in the measures in 1 and 2 above of treatment access and quality occurred equally with respect to age, sex and socio-economic deprivation and what is the effect of different provider types (acute NHS trusts; foundation NHS hospital trusts; Independent Sector treatment Centres (ISTCs); and other private providers) on equality by these measures?
4. Are there modifiable delivery or implementation aspects of the "patient choice" procedures and processes that could ameliorate any inequities found in the analysis?
"To examine the impact patient choice has had on inequality in access and NHS provision, Newcastle University require data on NHS funded elective surgical and diagnostic procedures (specifically relating to cataracts, hip replacements, knee replacements, inguinal hernia, cholecystectomy and arthroscopy, plus all readmissions within 30 days of these procedures). Newcastle University researchers will analyse this pseudonymised data and report numbers, trends and rates of provision by both the NHS and private sector. The researchers will examine the impact increasing private provision of NHS care has had on inequality by gender, age and socio-economic deprivation. HES admitted care data is required for use in this “Examining inequalities in the provision of elective surgical and diagnostic procedures” study."
Objectives:
1. Analysis of NHS Scotland data for elective treatments: primary hip replacement; primary knee replacement; cataract operation; arthroscopy; cholecystectomy; and hernia operation; all by treatment rate and waiting time inequality.
2. Analysis of NHS England data for elective treatments: primary hip replacement; primary knee replacement; cataract operation; arthroscopy; cholecystectomy; and hernia operation; all by treatment rate and waiting time inequality.
3. Comparison of NHS England and NHS Scotland for treatment rate and waiting time inequality.
4. Analysis of NHS England data for: treatment access (waiting time and distance travelled for treatment), utilisation (treatment rates) and quality (length of stay; 30-day and one-year all-cause mortality; and 30-day all cause readmissions) for national and CCG populations using NHS England treatment data for hip and knee replacement, cataract surgery, arthroscopy, cholecystectomy and hernia operation.
5. Develop modelling methods and analyse NHS England data on choice of GP out of area, provider type and use of referral centres.
[2 paragraphs unchanged]
· Limited to a study cohort identified by NHS England as meeting the following criteria: All patients between
1997-2019
1997-2023
who had any of the following 6 treatments: Cataracts, Hip Replacements, Knee Replacements, Inguinal Hernia, cholecystectomy, or arthroscopy
[13 paragraphs unchanged]
Processing activities
[6 paragraphs unchanged]
The data will not leave:
England/Wales
England or Wales
at any time.
[2 paragraphs unchanged]
Expected output
[19 paragraphs unchanged] The findings so far as detailed in the completed and draft publications are highlighting that inequalities in utilisation of NHS funded treatment are widening to the detriment of patients living in the poorest areas of England. Findings have also shown how inequalities in access as measured by waiting times by socioeconomic deprivation have widened in England since 2002 when marketisation began unlike Scotland where inequalities have narrowed. Early findings from work on the effect of the market overall in terms of waiting times suggest that the more NHS funded treatment is moved into private providers, waiting times for patients overall increase. These findings are important for those designing pathways into NHS funded healthcare if the duties under the Health and Care Act 2022 are to be fulfilled in terms of reducing inequality between patients.
Expected measurable benefits
[5 paragraphs unchanged]
This work has also informed an application for funding to the NIHR H&SDR programme which Newcastle University aim to submit on 18/01/2024.
[5 paragraphs unchanged]
Benefits reported
The findings so far as detailed in the completed and draft publications above are highlighting that inequalities in utilisation of NHS funded treatment are widening to the detriment of patients living in the poorest areas of England.
Findings were used to inform several papers:
Findings have also shown how inequalities in access as measured by waiting times by socioeconomic deprivation have widened in England since 2002 when marketisation began unlike Scotland where inequalities have narrowed.
PUBLISHED
Early findings from work on the effect of the market overall in terms of waiting times suggest that the more NHS funded treatment is moved into private providers, waiting times for patients overall increase.
- Kirkwood G, Pollock AM, Roderick P. Private sector expansion and the widening NHS treatment gap between rich and poor in England: Admissions for NHS-funded elective primary hip and knee replacements between 1997/98 and 2018/19. Health Policy. 2024;146:105118.
These findings are important for those designing pathways into NHS funded healthcare if the duties under the Health and Care Act 2022 are to be fulfilled in terms of reducing inequality between patients.
https://www.sciencedirect.com/science/article/pii/S0168851024001283?via%3Dihub
UNDER REVIEW (March 2025)
- Kirkwood G, Hornby SJ, Pollock AM. Outsourcing NHS cataract surgery in England - a misguided policy? A comparison of waiting times and admissions in England and Scotland 1997/98 - 2018/19. International Journal of Social Determinants of Health and Health Services
- Kirkwood G, Pollock AM. Outsourcing NHS hip and knee surgery in England - a misguided policy? A comparison of waiting times and admissions in England and Scotland 1997/98 - 2018/19. An analysis using measures of health inequalities and interrupted time series methods. BMJ
AT PROOF STAGE (March 2025)
- Kirkwood G, Pollock AM. The private sector and the two-tier system within the NHS in England: an analysis of waiting time inequality for primary hip and knee replacement with interrupted time series and survival models. International Journal of Social Determinants of Health and Health Services
DARS-NIC-167794-K1P8H-v3.3 24 November 2023 to 23 November 2025
- Title
- Examining inequalities in the provision of elective surgical and diagnostic procedures
- Commercial
- No
- Sublicensing
- No
- Datasets
- 1
- Files released
- 0
Datasets: Hospital Episode Statistics Admitted Patient Care (HES APC)
What changed from DARS-NIC-167794-K1P8H-v2.2
Text removed is struck through; text added is underlined. Unchanged paragraphs are summarised rather than repeated.
| Field | Was | Became |
|---|---|---|
| Start date | 2023-11-24 | |
| End date | 2025-11-23 | |
| Hospital Episode Statistics Admitted Patient Care (HES APC): legal basis | Health and Social Care Act 2012 – s261(2)(a) |
Objective for processing
Newcastle University seek to examine the impact of patient choice in the NHS in both secondary care as choice of provider and in primary care as choice of GP. Following the NHS Plan in 2000, providers of health care services have expanded rapidly through the commercial contracting of NHS services. In 2003, privately owned independent sector treatment centres (ISTCs) were commissioned to treat NHS patients, focussing on high–volume elective surgical procedures and this was further expanded in 2005 and later repackaged as ‘free choice’ agenda, allowing any private provider of healthcare to provide elective care to any NHS patient provided they had registered with the relevant body. The 2012 Health and Social Care Act, has made commercial tendering of NHS contracts almost compulsory.
Newcastle University requires access to NHS England data for the purpose of the following research project: Impact of patient choice in inequality in surgical and diagnostic procedures.
Also, as a result of the 2012 Act, the General Practice Choice Policy was introduced and since 05 January 2015 has allowed NHS patients to choose to register with a GP despite living outside the practice’s boundary area marking a change from the traditional place based method of organising GP practice lists. The aim of the scheme is to enhance convenience for patients who, for example, may choose to register with a GP near their work rather than their home and to improve the quality of access for patients to GP services. What is not known is the potential for destabilising of general practices with innovations, exploiting the new freedoms, as funding follows patients and local GPs are left with increasing proportions of older, sicker patients. The British Medical Association fear a widening of inequalities where the “choice” for many patients will be determined by their health, wealth and age leading to a destabilisation of practices through the loss of “commuter patients” disadvantaging the “frail, old or poor".
The following is a summary of the aims of the research project provided by Newcastle University:
To examine the impact patient choice has had on inequality in access and NHS provision Newcastle University require data on NHS funded elective surgical and diagnostic procedures (specifically relating to cataracts, hip replacements, knee replacements, inguinal hernia, cholecystectomy and arthroscopy, plus all readmissions within 30 days of these procedures). Newcastle University researchers will analyse this pseudonymised data and report numbers, trends and rates of provision by both the NHS and private sector. The researchers will examine the impact increasing private provision of NHS care has had on inequality by gender, age and socio-economic deprivation. HES admitted care data is required for use in this “Examining inequalities in the provision of elective surgical and diagnostic procedures” study.
"Newcastle University seek to examine the impact of patient choice in the NHS in both secondary care as choice of provider and in primary care as choice of GP. Following the NHS Plan in 2000, providers of health care services have expanded rapidly through the commercial contracting of NHS services. In 2003, privately owned independent sector treatment centres (ISTCs) were commissioned to treat NHS patients, focussing on high–volume elective surgical procedures and this was further expanded in 2005 and later repackaged as ‘free choice’ agenda, allowing any private provider of healthcare to provide elective care to any NHS patient provided they had registered with the relevant body. The 2012 Health and Social Care Act, has made commercial tendering of NHS contracts almost compulsory.
Organisations
"Also, as a result of the 2012 Act, the General Practice Choice Policy was introduced and since 05 January 2015 has allowed NHS patients to choose to register with a GP despite living outside the practice’s boundary area marking a change from the traditional place based method of organising GP practice lists. The aim of the scheme is to enhance convenience for patients who, for example, may choose to register with a GP near their work rather than their home and to improve the quality of access for patients to GP services. What is not known is the potential for destabilising of general practices with innovations, exploiting the new freedoms, as funding follows patients and local GPs are left with increasing proportions of older, sicker patients. The British Medical Association fear a widening of inequalities where the “choice” for many patients will be determined by their health, wealth and age leading to a destabilisation of practices through the loss of “commuter patients” disadvantaging the “frail, old or poor".
The study is a research project carried out by researchers at Newcastle University. Newcastle University are the sole data controller for the study and will also process the data. The work will follow on from previous work investigating service changes and effects on inequality of access for NHS funded treatment in Scotland and England. All data access will be through Newcastle University.
"Aim
Pulsant provide a backup data storage facility, this is a storage location for the Newcastle University servers and no Pulsant employees can access the data. This organisation is therefore not considered to be acting as a data processor for the data under this Agreement.
Why are Newcastle University undertaking this work?
The 2012 Health and Social Care Act established a duty on the Secretary of State for Health to “have regard to the need to reduce inequalities between the people of England with respect to the benefits that they can obtain from the health service.” The research proposed here will analyse whether this duty is being fulfilled in the context of UK government health policy driving NHS reform and patients’ ability to access NHS treatment equitably. This work follows on from previous work on investigating equality of access in the context of service changes and was instigated by the researchers themselves.
Aim
[4 paragraphs unchanged]
Background to the work
"To examine the impact patient choice has had on inequality in access and NHS provision, Newcastle University require data on NHS funded elective surgical and diagnostic procedures (specifically relating to cataracts, hip replacements, knee replacements, inguinal hernia, cholecystectomy and arthroscopy, plus all readmissions within 30 days of these procedures). Newcastle University researchers will analyse this pseudonymised data and report numbers, trends and rates of provision by both the NHS and private sector. The researchers will examine the impact increasing private provision of NHS care has had on inequality by gender, age and socio-economic deprivation. HES admitted care data is required for use in this “Examining inequalities in the provision of elective surgical and diagnostic procedures” study."
This project carries on from previous work analysing these issues using data from both NHS Scotland and NHS England. The two Newcastle based researchers have been working on this topic since 2007. The objectives have developed particularly to include patient choice of GP as a focus of analysis.
The level of data is pseudonymised.
To carry on with this work Newcastle University require admitted patient care data from NHS Digital.
The data is minimised as follows
The GDPR lawful basis for Newcastle University to process this data is Article 6(1)(e) 'task in the public interest' and Article 9(2)(j) 'scientific or historical research purposes or statistical purposes'.
· Limited to a study cohort identified by NHS England as meeting the following criteria: All patients between 1997-2019 who had any of the following 6 treatments: Cataracts, Hip Replacements, Knee Replacements, Inguinal Hernia, cholecystectomy, or arthroscopy
· Limited to conditions relevant to the study identified by specific ICD or OPCS codes: Cataracts, Hip Replacements, Knee Replacements, Inguinal Hernia, cholecystectomy, and arthroscopy
Organisations
The study is a research project carried out by researchers at Newcastle University. Newcastle University are the sole data controller for the study and will also process the data. The work will follow on from previous work investigating service changes and effects on inequality of access for NHS funded treatment in Scotland and England. All data access will be through Newcastle University.
Newcastle University work with a number of clinicians from the NHS in Scotland, England and nationally in the fields of orthopaedics and ophthalmology who have collaborated in writing papers derived from the analysis. None of these clinicians have access to record level data, and Newcastle University have only shared results with them.
Why are Newcastle University undertaking this work?
The 2012 Health and Social Care Act established a duty on the Secretary of State for Health to “have regard to the need to reduce inequalities between the people of England with respect to the benefits that they can obtain from the health service.” The research proposed here will analyse whether this duty is being fulfilled in the context of UK government health policy driving NHS reform and patients’ ability to access NHS treatment equitably. This work follows on from previous work on investigating equality of access in the context of service changes and was instigated by the researchers themselves.
The lawful basis for processing personal data under the UK GDPR is:
Article 6(1)(e) - processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
The lawful basis for processing special category data under the UK GDPR is:
Article 9(2)(j) - processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) based on Union or Member State law which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject.
Health inequalities are a major public health issue. It is important that any measures taken to reduce the large waiting lists now in existence following Covid are such that they do not lead to a worsening of already existent health inequalities among the public.
Funding
The funding is provided by Newcastle University. The funding is specifically for the study described. Funding is in place until the end date of the study.
Processing activities
Newcastle University seek data going back to 1997/98 to have sufficient time before the implementation of patient choice (of provider) to allow a trend analysis, and also to allow a comparison with data at Newcastle University from NHS Scotland. The researchers need national data as patient choice is a national policy, additionally it will be important to identify regional variations in effects of the policy on treatment access equality. The lowest level of coding within the extract to allow consideration of regional variation will be at Clinical Commissioning Group level. GP Practice code will not be provided. Newcastle University have researched in detail to identify what they think are the key procedures in terms of them being high volume and likely to be informative on measures of equality. There is a requirement for sensitive data such as diagnostic information, these will only be used to measure levels of co-morbidity.
No data will flow to NHS England for the purposes of this Agreement.
The data will be transferred to Newcastle University using Secure Electronic File Transfer. The data will be stored in the University’s Filestore, managed by the University’s IT Service, and located in the University’s restricted access data centre (mirrored between the on-site and off-site data centres using dedicated fibre connections). All hardware used to deliver the data centre infrastructure (on-site and off-site) is exclusively owned by Newcastle University.
Newcastle University have been provided with data going back to 1997/98 to allow sufficient time before the implementation of patient choice (of provider) to allow a trend analysis, and also to allow a comparison with data at Newcastle University from NHS Scotland. The researchers required national data as patient choice is a national policy, additionally it will be important to identify regional variations in effects of the policy on treatment access equality. The lowest level of coding within the extract to allow consideration of regional variation is at Clinical Commissioning Group level. GP Practice code has not been provided. Newcastle University have researched in detail to identify what they think are the key procedures in terms of them being high volume and likely to be informative on measures of equality. There is a requirement for sensitive data such as diagnostic information, these will only be used to measure levels of co-morbidity.
Pulsant provide a backup data storage facility, this is a storage location for the Newcastle University servers and that no Pulsant employees can access the data. Pulsant is therefore not considered to be acting as a data processor.
The data has been transferred to Newcastle University using Secure Electronic File Transfer. The data is stored in the University’s Filestore, managed by the University’s IT Service, and located in the University’s restricted access data centre (mirrored between the on-site and off-site data centres using dedicated fibre connections). All hardware used to deliver the data centre infrastructure (on-site and off-site) is exclusively owned by Newcastle University.
All organisations party to this agreement must comply with the Data Sharing Framework Contract requirements, including those regarding the use (and purposes of that use) by “Personnel” (as defined within the Data Sharing Framework Contract i.e.: employees, agents and contractors of the Data Recipient who may have access to that data).
Access is restricted to employees or agents of Newcastle University.
Newcastle University uses offsite back-up services provided by Pulsant.
[1 paragraph unchanged]
The data will not leave: England/Wales at any time.
All personnel accessing the data have been appropriately trained in data protection and confidentiality.
There will be no requirement and no attempt to reidentify individuals when using the data.
Expected output
[1 paragraph unchanged]
CCGs
Integrated Care Boards (ICBs)
in England, planners and policy makers with responsibility for ensuring equity of
[22 words unchanged]
Knowledge is power and the purpose of this research is to provide
CCGs,
ICBs,
planners and policy makers an understanding of the possible effects of implemented
[35 words unchanged]
changes which are often introduced untested and may be harming patient equity.
[1 paragraph unchanged]
Newcastle University will be flexible and tailor outputs depending on findings but these are likely to include a series of ‘policy briefings’ for politicians in the UK
governments and CCGs,
governments, healthcare commissioners,
policy makers and planners at local and national level.
An impact strategy has been developed to influence policy and practice and
[11 words unchanged]
outputs will be of the greatest value to the study's intended beneficiaries
(CCGs,
(ICBs,
planners and policy makers) and other key audiences. The study team will
[14 words unchanged]
policy and practice arenas and ensure long-term use of the research findings.
[5 paragraphs unchanged]
Number and rates will be reported at national and
Clinical Commissioning Group
ICB
level. These outputs will be made available in an academic publication such
[11 words unchanged]
the public. Data will not be used for sales and marketing purposes.
[1 paragraph unchanged]
There have so far been two publications relating to this work:
Kirkwood G, Buchan J, Pollock AM. Waiting Times for Cataract Surgery in Scotland since 2002 and the Effect of Austerity: An Interrupted Time Series Analysis. Ophthalmic Epidemiol. 2022:1-8.
Kirkwood G, Pollock AM. Socioeconomic inequality, waiting time initiatives and austerity in Scotland: an interrupted time series analysis of elective hip and knee replacements and arthroscopies. J R Soc Med. 2022:1410768221090672.
The following are in draft form and expect to be submitted for publication in the next six months:
Marketisation and patient choice in the NHS in England. An analysis of admissions for NHS funded elective primary hip and knee replacements.
Marketisation, patient choice and austerity in the NHS in England and Scotland. An analysis of NHS waiting times for NHS funded elective primary hip and knee replacements (and cataract) operations using interrupted time series and survival models.
Part of this work takes the form of an associated staff PhD by publication.
Expected measurable benefits
Through dissemination of the results of the project Newcastle University expect to
[18 words unchanged]
secretary of state’s duty with regard to the need to reduce inequalities.
CCGs
ICBs
will find the results useful as they are currently unaware of the
[27 words unchanged]
increasing phenomenon and the effects in terms of patient equality are unknown.
[4 paragraphs unchanged]
This work has also informed an application for funding to the NIHR H&SDR programme which Newcastle University aim to submit on 18/01/2024.
To understand how Integrated Care Boards implement patient choice and monitor inequalities in elective treatment in order to improve patient utilisation and access equality.
Research questions
In the context of elective primary hip and knee replacement in two localities; NHS Leicester, Leicestershire and Rutland Integrated Care Board and NHS North East and North Cumbria Integrated Care Board:
a) How are Integrated Care Boards implementing the patient choice framework?
b) How are Integrated Care Boards monitoring inequalities in access to treatments?
Benefits reported
As the study is ongoing there have been no yielded benefits to date
The findings so far as detailed in the completed and draft publications above are highlighting that inequalities in utilisation of NHS funded treatment are widening to the detriment of patients living in the poorest areas of England.
Findings have also shown how inequalities in access as measured by waiting times by socioeconomic deprivation have widened in England since 2002 when marketisation began unlike Scotland where inequalities have narrowed.
Early findings from work on the effect of the market overall in terms of waiting times suggest that the more NHS funded treatment is moved into private providers, waiting times for patients overall increase.
These findings are important for those designing pathways into NHS funded healthcare if the duties under the Health and Care Act 2022 are to be fulfilled in terms of reducing inequality between patients.
Objective for processing
Newcastle University requires access to NHS England data for the purpose of the following research project: Impact of patient choice in inequality in surgical and diagnostic procedures.
The following is a summary of the aims of the research project provided by Newcastle University:
"Newcastle University seek to examine the impact of patient choice in the NHS in both secondary care as choice of provider and in primary care as choice of GP. Following the NHS Plan in 2000, providers of health care services have expanded rapidly through the commercial contracting of NHS services. In 2003, privately owned independent sector treatment centres (ISTCs) were commissioned to treat NHS patients, focussing on high–volume elective surgical procedures and this was further expanded in 2005 and later repackaged as ‘free choice’ agenda, allowing any private provider of healthcare to provide elective care to any NHS patient provided they had registered with the relevant body. The 2012 Health and Social Care Act, has made commercial tendering of NHS contracts almost compulsory.
"Also, as a result of the 2012 Act, the General Practice Choice Policy was introduced and since 05 January 2015 has allowed NHS patients to choose to register with a GP despite living outside the practice’s boundary area marking a change from the traditional place based method of organising GP practice lists. The aim of the scheme is to enhance convenience for patients who, for example, may choose to register with a GP near their work rather than their home and to improve the quality of access for patients to GP services. What is not known is the potential for destabilising of general practices with innovations, exploiting the new freedoms, as funding follows patients and local GPs are left with increasing proportions of older, sicker patients. The British Medical Association fear a widening of inequalities where the “choice” for many patients will be determined by their health, wealth and age leading to a destabilisation of practices through the loss of “commuter patients” disadvantaging the “frail, old or poor".
"Aim
The research will address the following specific research questions:
1. Since the introduction of patient choice of general practitioner (GP) in the NHS in England, have there been changes in elective surgery rates for key procedures and has there been a change in waiting times, distance travelled for treatment and in treatment quality?
2. Since the introduction of patient choice of provider in the NHS in England, have there been changes in elective surgery rates for key procedures and has there been a change in waiting times, distance travelled for treatment and in treatment quality?
3. Have any changes in the measures in 1 and 2 above of treatment access and quality occurred equally with respect to age, sex and socio-economic deprivation and what is the effect of different provider types (acute NHS trusts; foundation NHS hospital trusts; Independent Sector treatment Centres (ISTCs); and other private providers) on equality by these measures?
"To examine the impact patient choice has had on inequality in access and NHS provision, Newcastle University require data on NHS funded elective surgical and diagnostic procedures (specifically relating to cataracts, hip replacements, knee replacements, inguinal hernia, cholecystectomy and arthroscopy, plus all readmissions within 30 days of these procedures). Newcastle University researchers will analyse this pseudonymised data and report numbers, trends and rates of provision by both the NHS and private sector. The researchers will examine the impact increasing private provision of NHS care has had on inequality by gender, age and socio-economic deprivation. HES admitted care data is required for use in this “Examining inequalities in the provision of elective surgical and diagnostic procedures” study."
The level of data is pseudonymised.
The data is minimised as follows
· Limited to a study cohort identified by NHS England as meeting the following criteria: All patients between 1997-2019 who had any of the following 6 treatments: Cataracts, Hip Replacements, Knee Replacements, Inguinal Hernia, cholecystectomy, or arthroscopy
· Limited to conditions relevant to the study identified by specific ICD or OPCS codes: Cataracts, Hip Replacements, Knee Replacements, Inguinal Hernia, cholecystectomy, and arthroscopy
Organisations
The study is a research project carried out by researchers at Newcastle University. Newcastle University are the sole data controller for the study and will also process the data. The work will follow on from previous work investigating service changes and effects on inequality of access for NHS funded treatment in Scotland and England. All data access will be through Newcastle University.
Newcastle University work with a number of clinicians from the NHS in Scotland, England and nationally in the fields of orthopaedics and ophthalmology who have collaborated in writing papers derived from the analysis. None of these clinicians have access to record level data, and Newcastle University have only shared results with them.
Why are Newcastle University undertaking this work?
The 2012 Health and Social Care Act established a duty on the Secretary of State for Health to “have regard to the need to reduce inequalities between the people of England with respect to the benefits that they can obtain from the health service.” The research proposed here will analyse whether this duty is being fulfilled in the context of UK government health policy driving NHS reform and patients’ ability to access NHS treatment equitably. This work follows on from previous work on investigating equality of access in the context of service changes and was instigated by the researchers themselves.
The lawful basis for processing personal data under the UK GDPR is:
Article 6(1)(e) - processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
The lawful basis for processing special category data under the UK GDPR is:
Article 9(2)(j) - processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) based on Union or Member State law which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject.
Health inequalities are a major public health issue. It is important that any measures taken to reduce the large waiting lists now in existence following Covid are such that they do not lead to a worsening of already existent health inequalities among the public.
Funding
The funding is provided by Newcastle University. The funding is specifically for the study described. Funding is in place until the end date of the study.
Expected output
As detailed above, the Secretary of State for Health has a duty to have due regard to reducing inequalities in a patient’s experience of using the NHS in England. This research will provide the government with evidence of the effects of health policy on patient choice of GP and provider on patient’s ability to access treatment equitably.
Integrated Care Boards (ICBs) in England, planners and policy makers with responsibility for ensuring equity of access to health services need to understand the impact of service changes on differing patient groups especially the vulnerable and potentially disadvantaged. Knowledge is power and the purpose of this research is to provide ICBs, planners and policy makers an understanding of the possible effects of implemented service changes, in this case patient choice both in terms of GP and provider of health care. This should enable those organisations to instigate changes locally and nationally to ameliorate any unintended consequences of service changes which are often introduced untested and may be harming patient equity.
Prior to any publication of findings, these will be fed back to NHS England. The results will be made available to local authorities, UK and devolved government ministers and opposition political parties. As well as being of interest to planners and policy makers in local government, central government and the NHS with responsibilities in the areas of public health, health care and health inequalities, Newcastle University expect the research findings to be of interest to advocacy groups and charities working on behalf of potentially disadvantaged patients. Results from this project will also be compared to those from a separate analysis from Scotland and conclusions drawn will be used to inform policy and practice debates in Scotland and England.
Newcastle University will be flexible and tailor outputs depending on findings but these are likely to include a series of ‘policy briefings’ for politicians in the UK governments, healthcare commissioners, policy makers and planners at local and national level.
An impact strategy has been developed to influence policy and practice and has been designed to ensure robust translation and communication plans. The outputs will be of the greatest value to the study's intended beneficiaries (ICBs, planners and policy makers) and other key audiences. The study team will build on existing networks and in collaboration with their non-academic partners will influence key policy and practice arenas and ensure long-term use of the research findings.
Newcastle University researchers will analyse data and publish a research report, reporting:
- Annual numbers of elective procedures, by type of procedure and provider type (acute NHS trusts, foundation NHS trusts, Independent Sector Treatment Centres and other private providers).
- Crude annual rates of elective procedures, by type of procedure and provider type.
- Standardised rates of elective procedures, by type of procedure and provider type.
- Changes in inequalities between ages, sexes and deprivation categories by type of procedure and provider type through regression modelling.
Number and rates will be reported at national and ICB level. These outputs will be made available in an academic publication such as in the British Medical Journal, accessible by academics, clinicians and the public. Data will not be used for sales and marketing purposes.
All outputs will contain only data that is aggregated with small numbers suppressed in line with the HES Analysis Guide.
There have so far been two publications relating to this work:
Kirkwood G, Buchan J, Pollock AM. Waiting Times for Cataract Surgery in Scotland since 2002 and the Effect of Austerity: An Interrupted Time Series Analysis. Ophthalmic Epidemiol. 2022:1-8.
Kirkwood G, Pollock AM. Socioeconomic inequality, waiting time initiatives and austerity in Scotland: an interrupted time series analysis of elective hip and knee replacements and arthroscopies. J R Soc Med. 2022:1410768221090672.
The following are in draft form and expect to be submitted for publication in the next six months:
Marketisation and patient choice in the NHS in England. An analysis of admissions for NHS funded elective primary hip and knee replacements.
Marketisation, patient choice and austerity in the NHS in England and Scotland. An analysis of NHS waiting times for NHS funded elective primary hip and knee replacements (and cataract) operations using interrupted time series and survival models.
Part of this work takes the form of an associated staff PhD by publication.
Benefits reported
The findings so far as detailed in the completed and draft publications above are highlighting that inequalities in utilisation of NHS funded treatment are widening to the detriment of patients living in the poorest areas of England.
Findings have also shown how inequalities in access as measured by waiting times by socioeconomic deprivation have widened in England since 2002 when marketisation began unlike Scotland where inequalities have narrowed.
Early findings from work on the effect of the market overall in terms of waiting times suggest that the more NHS funded treatment is moved into private providers, waiting times for patients overall increase.
These findings are important for those designing pathways into NHS funded healthcare if the duties under the Health and Care Act 2022 are to be fulfilled in terms of reducing inequality between patients.
DARS-NIC-167794-K1P8H-v2.2 28 April 2022 to 27 April 2023
- Title
- Examining inequalities in the provision of elective surgical and diagnostic procedures
- Commercial
- No
- Sublicensing
- No
- Datasets
- 1
- Files released
- 0
Datasets: Hospital Episode Statistics Admitted Patient Care (HES APC)
What changed from DARS-NIC-167794-K1P8H-v1.2
Text removed is struck through; text added is underlined. Unchanged paragraphs are summarised rather than repeated.
| Field | Was | Became |
|---|---|---|
| Start date | 2022-04-28 | |
| End date | 2023-04-27 | |
| Hospital Episode Statistics Admitted Patient Care (HES APC): legal basis | Health and Social Care Act 2012 - s261 - 'Other dissemination of information' |
Objective for processing
Introduction
[4 paragraphs unchanged]
The study is a research project carried out by researchers at Newcastle University.
Newcastle University are the sole data controller for the study and will also process the data.
The work will follow on from previous work investigating service changes and
[9 words unchanged]
in Scotland and England. All data access will be through Newcastle University.
Pulsant provide a backup data storage facility, this is a storage location for the Newcastle University servers and no Pulsant employees can access the data. This organisation is therefore not considered to be acting as a data processor for the data under this Agreement.
[11 paragraphs unchanged]
Processing activities
[2 paragraphs unchanged] Pulsant provide a backup data storage facility, this is a storage location for the Newcastle University servers and that no Pulsant employees can access the data. Pulsant is therefore not considered to be acting as a data processor. [2 paragraphs unchanged]
Expected output
Newcastle University expect analysis to be completed within eighteen months.
[12 paragraphs unchanged]
Benefits reported
Not stated in the previous version; added here.
As the study is ongoing there have been no yielded benefits to date
Unchanged: Expected measurable benefits.
Objective for processing
Newcastle University seek to examine the impact of patient choice in the NHS in both secondary care as choice of provider and in primary care as choice of GP. Following the NHS Plan in 2000, providers of health care services have expanded rapidly through the commercial contracting of NHS services. In 2003, privately owned independent sector treatment centres (ISTCs) were commissioned to treat NHS patients, focussing on high–volume elective surgical procedures and this was further expanded in 2005 and later repackaged as ‘free choice’ agenda, allowing any private provider of healthcare to provide elective care to any NHS patient provided they had registered with the relevant body. The 2012 Health and Social Care Act, has made commercial tendering of NHS contracts almost compulsory.
Also, as a result of the 2012 Act, the General Practice Choice Policy was introduced and since 05 January 2015 has allowed NHS patients to choose to register with a GP despite living outside the practice’s boundary area marking a change from the traditional place based method of organising GP practice lists. The aim of the scheme is to enhance convenience for patients who, for example, may choose to register with a GP near their work rather than their home and to improve the quality of access for patients to GP services. What is not known is the potential for destabilising of general practices with innovations, exploiting the new freedoms, as funding follows patients and local GPs are left with increasing proportions of older, sicker patients. The British Medical Association fear a widening of inequalities where the “choice” for many patients will be determined by their health, wealth and age leading to a destabilisation of practices through the loss of “commuter patients” disadvantaging the “frail, old or poor".
To examine the impact patient choice has had on inequality in access and NHS provision Newcastle University require data on NHS funded elective surgical and diagnostic procedures (specifically relating to cataracts, hip replacements, knee replacements, inguinal hernia, cholecystectomy and arthroscopy, plus all readmissions within 30 days of these procedures). Newcastle University researchers will analyse this pseudonymised data and report numbers, trends and rates of provision by both the NHS and private sector. The researchers will examine the impact increasing private provision of NHS care has had on inequality by gender, age and socio-economic deprivation. HES admitted care data is required for use in this “Examining inequalities in the provision of elective surgical and diagnostic procedures” study.
Organisations
The study is a research project carried out by researchers at Newcastle University. Newcastle University are the sole data controller for the study and will also process the data. The work will follow on from previous work investigating service changes and effects on inequality of access for NHS funded treatment in Scotland and England. All data access will be through Newcastle University.
Pulsant provide a backup data storage facility, this is a storage location for the Newcastle University servers and no Pulsant employees can access the data. This organisation is therefore not considered to be acting as a data processor for the data under this Agreement.
Why are Newcastle University undertaking this work?
The 2012 Health and Social Care Act established a duty on the Secretary of State for Health to “have regard to the need to reduce inequalities between the people of England with respect to the benefits that they can obtain from the health service.” The research proposed here will analyse whether this duty is being fulfilled in the context of UK government health policy driving NHS reform and patients’ ability to access NHS treatment equitably. This work follows on from previous work on investigating equality of access in the context of service changes and was instigated by the researchers themselves.
Aim
The research will address the following specific research questions:
1. Since the introduction of patient choice of general practitioner (GP) in the NHS in England, have there been changes in elective surgery rates for key procedures and has there been a change in waiting times, distance travelled for treatment and in treatment quality?
2. Since the introduction of patient choice of provider in the NHS in England, have there been changes in elective surgery rates for key procedures and has there been a change in waiting times, distance travelled for treatment and in treatment quality?
3. Have any changes in the measures in 1 and 2 above of treatment access and quality occurred equally with respect to age, sex and socio-economic deprivation and what is the effect of different provider types (acute NHS trusts; foundation NHS hospital trusts; Independent Sector treatment Centres (ISTCs); and other private providers) on equality by these measures?
Background to the work
This project carries on from previous work analysing these issues using data from both NHS Scotland and NHS England. The two Newcastle based researchers have been working on this topic since 2007. The objectives have developed particularly to include patient choice of GP as a focus of analysis.
To carry on with this work Newcastle University require admitted patient care data from NHS Digital.
The GDPR lawful basis for Newcastle University to process this data is Article 6(1)(e) 'task in the public interest' and Article 9(2)(j) 'scientific or historical research purposes or statistical purposes'.
Expected output
As detailed above, the Secretary of State for Health has a duty to have due regard to reducing inequalities in a patient’s experience of using the NHS in England. This research will provide the government with evidence of the effects of health policy on patient choice of GP and provider on patient’s ability to access treatment equitably.
CCGs in England, planners and policy makers with responsibility for ensuring equity of access to health services need to understand the impact of service changes on differing patient groups especially the vulnerable and potentially disadvantaged. Knowledge is power and the purpose of this research is to provide CCGs, planners and policy makers an understanding of the possible effects of implemented service changes, in this case patient choice both in terms of GP and provider of health care. This should enable those organisations to instigate changes locally and nationally to ameliorate any unintended consequences of service changes which are often introduced untested and may be harming patient equity.
Prior to any publication of findings, these will be fed back to NHS England. The results will be made available to local authorities, UK and devolved government ministers and opposition political parties. As well as being of interest to planners and policy makers in local government, central government and the NHS with responsibilities in the areas of public health, health care and health inequalities, Newcastle University expect the research findings to be of interest to advocacy groups and charities working on behalf of potentially disadvantaged patients. Results from this project will also be compared to those from a separate analysis from Scotland and conclusions drawn will be used to inform policy and practice debates in Scotland and England.
Newcastle University will be flexible and tailor outputs depending on findings but these are likely to include a series of ‘policy briefings’ for politicians in the UK governments and CCGs, policy makers and planners at local and national level.
An impact strategy has been developed to influence policy and practice and has been designed to ensure robust translation and communication plans. The outputs will be of the greatest value to the study's intended beneficiaries (CCGs, planners and policy makers) and other key audiences. The study team will build on existing networks and in collaboration with their non-academic partners will influence key policy and practice arenas and ensure long-term use of the research findings.
Newcastle University researchers will analyse data and publish a research report, reporting:
- Annual numbers of elective procedures, by type of procedure and provider type (acute NHS trusts, foundation NHS trusts, Independent Sector Treatment Centres and other private providers).
- Crude annual rates of elective procedures, by type of procedure and provider type.
- Standardised rates of elective procedures, by type of procedure and provider type.
- Changes in inequalities between ages, sexes and deprivation categories by type of procedure and provider type through regression modelling.
Number and rates will be reported at national and Clinical Commissioning Group level. These outputs will be made available in an academic publication such as in the British Medical Journal, accessible by academics, clinicians and the public. Data will not be used for sales and marketing purposes.
All outputs will contain only data that is aggregated with small numbers suppressed in line with the HES Analysis Guide.
Benefits reported
As the study is ongoing there have been no yielded benefits to date
DARS-NIC-167794-K1P8H-v1.2 24 November 2019 to 28 February 2022
- Title
- Examining inequalities in the provision of elective surgical and diagnostic procedures
- Commercial
- No
- Sublicensing
- No
- Datasets
- 1
- Files released
- 22
Datasets: Hospital Episode Statistics Admitted Patient Care (HES APC)
What changed from DARS-NIC-167794-K1P8H-v0.7
Text removed is struck through; text added is underlined. Unchanged paragraphs are summarised rather than repeated.
| Field | Was | Became |
|---|---|---|
| Start date | 2019-11-24 |
Objective for processing
[3 paragraphs unchanged]
To examine the impact patient choice has had on inequality in access and NHS provision Newcastle University require data on NHS funded elective surgical and diagnostic
procedures.
procedures (specifically relating to cataracts, hip replacements, knee replacements, inguinal hernia, cholecystectomy and arthroscopy, plus all readmissions within 30 days of these procedures).
Newcastle University researchers will analyse this pseudonymised data and report numbers, trends
[43 words unchanged]
“Examining inequalities in the provision of elective surgical and diagnostic procedures” study.
[12 paragraphs unchanged]
The GDPR lawful basis for Newcastle University to process this data is Article 6(1)(e) 'task in the public interest' and Article 9(2)(j) 'scientific or historical research purposes or statistical purposes'.
Processing activities
Newcastle University seek data
from
going back to
1997/98
to allow a comparison with data they have from NHS Scotland and
to have sufficient time before the implementation of patient choice (of provider) to allow a trend
analysis.
analysis, and also to allow a comparison with data at Newcastle University from NHS Scotland.
The researchers need national data as patient choice is a national policy,
[86 words unchanged]
diagnostic information, these will only be used to measure levels of co-morbidity.
The data will be transferred to Newcastle University using Secure Electronic File Transfer. The data will be stored in the University’s
Filestore that is
Filestore,
managed by the University’s IT Service, and
is
located in the University’s restricted access data centre (mirrored between the on-site
[14 words unchanged]
data centre infrastructure (on-site and off-site) is exclusively owned by Newcastle University.
[2 paragraphs unchanged]
Expected output
[2 paragraphs unchanged]
CCGs in England, planners and policy makers with responsibility for ensuring equity
[23 words unchanged]
Knowledge is power and the purpose of this research is to provide
them with
CCGs, planners and policy makers
an understanding of the possible effects of implemented service changes, in this case patient choice both in terms of GP and provider of health care. This should enable
them
those organisations
to instigate changes locally and nationally to ameliorate any unintended consequences of service changes which are often introduced untested and may be harming patient equity.
[2 paragraphs unchanged]
An impact strategy has been developed to influence policy and practice and
[11 words unchanged]
outputs will be of the greatest value to the study's intended beneficiaries
(CCGs, planners and policy makers)
and other key audiences. The study team will build on existing networks
[10 words unchanged]
policy and practice arenas and ensure long-term use of the research findings.
[7 paragraphs unchanged]
Expected measurable benefits
Through dissemination of the results of the project Newcastle University expect to raise awareness of the effects of government policy on patient choice with respect to
health
health,
particularly given the secretary of state’s duty
to
with
regard to the need to reduce inequalities. CCGs will find the results
[35 words unchanged]
increasing phenomenon and the effects in terms of patient equality are unknown.
[4 paragraphs unchanged]
Benefits reported
Stated in the previous version and removed here.
Yielded Benefits is not a requirement for new applications.
Objective for processing
Introduction
Newcastle University seek to examine the impact of patient choice in the NHS in both secondary care as choice of provider and in primary care as choice of GP. Following the NHS Plan in 2000, providers of health care services have expanded rapidly through the commercial contracting of NHS services. In 2003, privately owned independent sector treatment centres (ISTCs) were commissioned to treat NHS patients, focussing on high–volume elective surgical procedures and this was further expanded in 2005 and later repackaged as ‘free choice’ agenda, allowing any private provider of healthcare to provide elective care to any NHS patient provided they had registered with the relevant body. The 2012 Health and Social Care Act, has made commercial tendering of NHS contracts almost compulsory.
Also, as a result of the 2012 Act, the General Practice Choice Policy was introduced and since 05 January 2015 has allowed NHS patients to choose to register with a GP despite living outside the practice’s boundary area marking a change from the traditional place based method of organising GP practice lists. The aim of the scheme is to enhance convenience for patients who, for example, may choose to register with a GP near their work rather than their home and to improve the quality of access for patients to GP services. What is not known is the potential for destabilising of general practices with innovations, exploiting the new freedoms, as funding follows patients and local GPs are left with increasing proportions of older, sicker patients. The British Medical Association fear a widening of inequalities where the “choice” for many patients will be determined by their health, wealth and age leading to a destabilisation of practices through the loss of “commuter patients” disadvantaging the “frail, old or poor".
To examine the impact patient choice has had on inequality in access and NHS provision Newcastle University require data on NHS funded elective surgical and diagnostic procedures (specifically relating to cataracts, hip replacements, knee replacements, inguinal hernia, cholecystectomy and arthroscopy, plus all readmissions within 30 days of these procedures). Newcastle University researchers will analyse this pseudonymised data and report numbers, trends and rates of provision by both the NHS and private sector. The researchers will examine the impact increasing private provision of NHS care has had on inequality by gender, age and socio-economic deprivation. HES admitted care data is required for use in this “Examining inequalities in the provision of elective surgical and diagnostic procedures” study.
Organisations
The study is a research project carried out by researchers at Newcastle University. The work will follow on from previous work investigating service changes and effects on inequality of access for NHS funded treatment in Scotland and England. All data access will be through Newcastle University.
Why are Newcastle University undertaking this work?
The 2012 Health and Social Care Act established a duty on the Secretary of State for Health to “have regard to the need to reduce inequalities between the people of England with respect to the benefits that they can obtain from the health service.” The research proposed here will analyse whether this duty is being fulfilled in the context of UK government health policy driving NHS reform and patients’ ability to access NHS treatment equitably. This work follows on from previous work on investigating equality of access in the context of service changes and was instigated by the researchers themselves.
Aim
The research will address the following specific research questions:
1. Since the introduction of patient choice of general practitioner (GP) in the NHS in England, have there been changes in elective surgery rates for key procedures and has there been a change in waiting times, distance travelled for treatment and in treatment quality?
2. Since the introduction of patient choice of provider in the NHS in England, have there been changes in elective surgery rates for key procedures and has there been a change in waiting times, distance travelled for treatment and in treatment quality?
3. Have any changes in the measures in 1 and 2 above of treatment access and quality occurred equally with respect to age, sex and socio-economic deprivation and what is the effect of different provider types (acute NHS trusts; foundation NHS hospital trusts; Independent Sector treatment Centres (ISTCs); and other private providers) on equality by these measures?
Background to the work
This project carries on from previous work analysing these issues using data from both NHS Scotland and NHS England. The two Newcastle based researchers have been working on this topic since 2007. The objectives have developed particularly to include patient choice of GP as a focus of analysis.
To carry on with this work Newcastle University require admitted patient care data from NHS Digital.
The GDPR lawful basis for Newcastle University to process this data is Article 6(1)(e) 'task in the public interest' and Article 9(2)(j) 'scientific or historical research purposes or statistical purposes'.
Expected output
Newcastle University expect analysis to be completed within eighteen months.
As detailed above, the Secretary of State for Health has a duty to have due regard to reducing inequalities in a patient’s experience of using the NHS in England. This research will provide the government with evidence of the effects of health policy on patient choice of GP and provider on patient’s ability to access treatment equitably.
CCGs in England, planners and policy makers with responsibility for ensuring equity of access to health services need to understand the impact of service changes on differing patient groups especially the vulnerable and potentially disadvantaged. Knowledge is power and the purpose of this research is to provide CCGs, planners and policy makers an understanding of the possible effects of implemented service changes, in this case patient choice both in terms of GP and provider of health care. This should enable those organisations to instigate changes locally and nationally to ameliorate any unintended consequences of service changes which are often introduced untested and may be harming patient equity.
Prior to any publication of findings, these will be fed back to NHS England. The results will be made available to local authorities, UK and devolved government ministers and opposition political parties. As well as being of interest to planners and policy makers in local government, central government and the NHS with responsibilities in the areas of public health, health care and health inequalities, Newcastle University expect the research findings to be of interest to advocacy groups and charities working on behalf of potentially disadvantaged patients. Results from this project will also be compared to those from a separate analysis from Scotland and conclusions drawn will be used to inform policy and practice debates in Scotland and England.
Newcastle University will be flexible and tailor outputs depending on findings but these are likely to include a series of ‘policy briefings’ for politicians in the UK governments and CCGs, policy makers and planners at local and national level.
An impact strategy has been developed to influence policy and practice and has been designed to ensure robust translation and communication plans. The outputs will be of the greatest value to the study's intended beneficiaries (CCGs, planners and policy makers) and other key audiences. The study team will build on existing networks and in collaboration with their non-academic partners will influence key policy and practice arenas and ensure long-term use of the research findings.
Newcastle University researchers will analyse data and publish a research report, reporting:
- Annual numbers of elective procedures, by type of procedure and provider type (acute NHS trusts, foundation NHS trusts, Independent Sector Treatment Centres and other private providers).
- Crude annual rates of elective procedures, by type of procedure and provider type.
- Standardised rates of elective procedures, by type of procedure and provider type.
- Changes in inequalities between ages, sexes and deprivation categories by type of procedure and provider type through regression modelling.
Number and rates will be reported at national and Clinical Commissioning Group level. These outputs will be made available in an academic publication such as in the British Medical Journal, accessible by academics, clinicians and the public. Data will not be used for sales and marketing purposes.
All outputs will contain only data that is aggregated with small numbers suppressed in line with the HES Analysis Guide.
DARS-NIC-167794-K1P8H-v0.7 1 March 2019 to 28 February 2022
- Title
- Examining inequalities in the provision of elective surgical and diagnostic procedures
- Commercial
- No
- Sublicensing
- No
- Datasets
- 1
- Files released
- 0
Datasets: Hospital Episode Statistics Admitted Patient Care (HES APC)
Objective for processing
Introduction
Newcastle University seek to examine the impact of patient choice in the NHS in both secondary care as choice of provider and in primary care as choice of GP. Following the NHS Plan in 2000, providers of health care services have expanded rapidly through the commercial contracting of NHS services. In 2003, privately owned independent sector treatment centres (ISTCs) were commissioned to treat NHS patients, focussing on high–volume elective surgical procedures and this was further expanded in 2005 and later repackaged as ‘free choice’ agenda, allowing any private provider of healthcare to provide elective care to any NHS patient provided they had registered with the relevant body. The 2012 Health and Social Care Act, has made commercial tendering of NHS contracts almost compulsory.
Also, as a result of the 2012 Act, the General Practice Choice Policy was introduced and since 05 January 2015 has allowed NHS patients to choose to register with a GP despite living outside the practice’s boundary area marking a change from the traditional place based method of organising GP practice lists. The aim of the scheme is to enhance convenience for patients who, for example, may choose to register with a GP near their work rather than their home and to improve the quality of access for patients to GP services. What is not known is the potential for destabilising of general practices with innovations, exploiting the new freedoms, as funding follows patients and local GPs are left with increasing proportions of older, sicker patients. The British Medical Association fear a widening of inequalities where the “choice” for many patients will be determined by their health, wealth and age leading to a destabilisation of practices through the loss of “commuter patients” disadvantaging the “frail, old or poor".
To examine the impact patient choice has had on inequality in access and NHS provision Newcastle University require data on NHS funded elective surgical and diagnostic procedures. Newcastle University researchers will analyse this pseudonymised data and report numbers, trends and rates of provision by both the NHS and private sector. The researchers will examine the impact increasing private provision of NHS care has had on inequality by gender, age and socio-economic deprivation. HES admitted care data is required for use in this “Examining inequalities in the provision of elective surgical and diagnostic procedures” study.
Organisations
The study is a research project carried out by researchers at Newcastle University. The work will follow on from previous work investigating service changes and effects on inequality of access for NHS funded treatment in Scotland and England. All data access will be through Newcastle University.
Why are Newcastle University undertaking this work?
The 2012 Health and Social Care Act established a duty on the Secretary of State for Health to “have regard to the need to reduce inequalities between the people of England with respect to the benefits that they can obtain from the health service.” The research proposed here will analyse whether this duty is being fulfilled in the context of UK government health policy driving NHS reform and patients’ ability to access NHS treatment equitably. This work follows on from previous work on investigating equality of access in the context of service changes and was instigated by the researchers themselves.
Aim
The research will address the following specific research questions:
1. Since the introduction of patient choice of general practitioner (GP) in the NHS in England, have there been changes in elective surgery rates for key procedures and has there been a change in waiting times, distance travelled for treatment and in treatment quality?
2. Since the introduction of patient choice of provider in the NHS in England, have there been changes in elective surgery rates for key procedures and has there been a change in waiting times, distance travelled for treatment and in treatment quality?
3. Have any changes in the measures in 1 and 2 above of treatment access and quality occurred equally with respect to age, sex and socio-economic deprivation and what is the effect of different provider types (acute NHS trusts; foundation NHS hospital trusts; Independent Sector treatment Centres (ISTCs); and other private providers) on equality by these measures?
Background to the work
This project carries on from previous work analysing these issues using data from both NHS Scotland and NHS England. The two Newcastle based researchers have been working on this topic since 2007. The objectives have developed particularly to include patient choice of GP as a focus of analysis.
To carry on with this work Newcastle University require admitted patient care data from NHS Digital.
Expected output
Newcastle University expect analysis to be completed within eighteen months.
As detailed above, the Secretary of State for Health has a duty to have due regard to reducing inequalities in a patient’s experience of using the NHS in England. This research will provide the government with evidence of the effects of health policy on patient choice of GP and provider on patient’s ability to access treatment equitably.
CCGs in England, planners and policy makers with responsibility for ensuring equity of access to health services need to understand the impact of service changes on differing patient groups especially the vulnerable and potentially disadvantaged. Knowledge is power and the purpose of this research is to provide them with an understanding of the possible effects of implemented service changes, in this case patient choice both in terms of GP and provider of health care. This should enable them to instigate changes locally and nationally to ameliorate any unintended consequences of service changes which are often introduced untested and may be harming patient equity.
Prior to any publication of findings, these will be fed back to NHS England. The results will be made available to local authorities, UK and devolved government ministers and opposition political parties. As well as being of interest to planners and policy makers in local government, central government and the NHS with responsibilities in the areas of public health, health care and health inequalities, Newcastle University expect the research findings to be of interest to advocacy groups and charities working on behalf of potentially disadvantaged patients. Results from this project will also be compared to those from a separate analysis from Scotland and conclusions drawn will be used to inform policy and practice debates in Scotland and England.
Newcastle University will be flexible and tailor outputs depending on findings but these are likely to include a series of ‘policy briefings’ for politicians in the UK governments and CCGs, policy makers and planners at local and national level.
An impact strategy has been developed to influence policy and practice and has been designed to ensure robust translation and communication plans. The outputs will be of the greatest value to the study's intended beneficiaries and other key audiences. The study team will build on existing networks and in collaboration with their non-academic partners will influence key policy and practice arenas and ensure long-term use of the research findings.
Newcastle University researchers will analyse data and publish a research report, reporting:
- Annual numbers of elective procedures, by type of procedure and provider type (acute NHS trusts, foundation NHS trusts, Independent Sector Treatment Centres and other private providers).
- Crude annual rates of elective procedures, by type of procedure and provider type.
- Standardised rates of elective procedures, by type of procedure and provider type.
- Changes in inequalities between ages, sexes and deprivation categories by type of procedure and provider type through regression modelling.
Number and rates will be reported at national and Clinical Commissioning Group level. These outputs will be made available in an academic publication such as in the British Medical Journal, accessible by academics, clinicians and the public. Data will not be used for sales and marketing purposes.
All outputs will contain only data that is aggregated with small numbers suppressed in line with the HES Analysis Guide.
Benefits reported
Yielded Benefits is not a requirement for new applications.
Register history
When this agreement appeared in, or was edited in, each monthly edition of the register. Built by comparing every edition this site holds, the earliest of which is July 2021.
-
July 2021 —
already listed in the earliest edition this site holds, so it may be older. 2 versions: DARS-NIC-167794-K1P8H-v0.7, DARS-NIC-167794-K1P8H-v1.2
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June 2022
1 version added: DARS-NIC-167794-K1P8H-v2.2
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December 2022
Register-wide edit DARS-NIC-167794-K1P8H-v0.7, DARS-NIC-167794-K1P8H-v1.2 — Datasets: legal basis: “
s261(1) and” taken out. Made to 639 agreements in this edition, so it is reported once, on the changes page, and not counted as an amendment of this agreement. -
December 2023
Renamed Applicant organisation: Newcastle University now named University of Newcastle upon Tyne. Not counted as a change.Renamed Data controllers: Newcastle University now named University of Newcastle upon Tyne. Not counted as a change.
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May 2024
1 version added: DARS-NIC-167794-K1P8H-v3.3
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November 2024
1 version added: DARS-NIC-167794-K1P8H-v4.3
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July 2025
Amended DARS-NIC-167794-K1P8H-v4.3
- Benefits reported:
filled in
Show the change
Findings were used to inform several papers:
PUBLISHED
- Kirkwood G, Pollock AM, Roderick P. Private sector expansion and the widening NHS treatment gap between rich and poor in England: Admissions for NHS-funded elective primary hip and knee replacements between 1997/98 and 2018/19. Health Policy. 2024;146:105118.
https://www.sciencedirect.com/science/article/pii/S0168851024001283?via%3Dihub
UNDER REVIEW (March 2025)
- Kirkwood G, Hornby SJ, Pollock AM. Outsourcing NHS cataract surgery in England - a misguided policy? A comparison of waiting times and admissions in England and Scotland 1997/98 - 2018/19. International Journal of Social Determinants of Health and Health Services
- Kirkwood G, Pollock AM. Outsourcing NHS hip and knee surgery in England - a misguided policy? A comparison of waiting times and admissions in England and Scotland 1997/98 - 2018/19. An analysis using measures of health inequalities and interrupted time series methods. BMJ
AT PROOF STAGE (March 2025)
- Kirkwood G, Pollock AM. The private sector and the two-tier system within the NHS in England: an analysis of waiting time inequality for primary hip and knee replacement with interrupted time series and survival models. International Journal of Social Determinants of Health and Health Services
- Benefits reported:
filled in
"Amended in place" means NHS England changed the record without issuing a new version number. The register publishes no changelog for those edits; this site infers them by comparing editions. An edit is attributed to the edition it first appears in, not to the date it was made.
Cite this page
NHS England (2026) Data Uses Register, September 2026 edition, agreement DARS-NIC-167794-K1P8H, “Examining inequalities in the provision of elective surgical and diagnostic procedures”. Read via NHS Data Access Explorer (unofficial), https://healthdatauses.uk/agreements/dars-nic-167794-k1p8h/ (accessed [date]).
This address stays the same, but the page is rebuilt with each monthly edition, so the citation names the edition it shows. Every edition's data is kept in the facts store.
Source: datausesregister_september2026.xlsx, September 2026 edition of the NHS England Data Uses Register. Search that workbook for DARS-NIC-167794-K1P8H to see the original rows.