A G E N D A 1. APOLOGIES FOR ABSENCE Ian Metcalfe 2 ...

o deter similar breaches by other providers;o help other providers understand how obligations apply in certain circumstances;o enable commissioners to obtain better information about the strengths andcapabilities of particular providers or effective ways to procure health careservices;o enable health care service users to become better informed about their rights andempowered to make choices;o increase confidence in the functioning of the health care sector more generallywhich may lead to more providers and expansion of the sector; ando help Monitor to identify that certain aspects of the sector may not be working wellfor health care service users, resulting in future policy improvements.In assessing how much an action may benefit health care service users, we will be mindful of thelikelihood of success. When we decide whether Monitor should take action about a suspectedbreach of a licence condition, we may assess, for example, whether there is a risk that Monitormight be unable to gather the evidence to be satisfied that a condition has been breached.In determining the potential benefits of an intervention by Monitor, we will also consider whetherwe can achieve the best outcome for health care service users by ourselves acting or actingtogether with another organisation, or whether another organisation has regulatory tools thatcould tackle an issue more effectively, or is already taking steps that are likely to address thepotential harm. For example, the Care Quality Commission, the Office of Fair Trading, the CharityCommission, the NHS Commissioning Board, the NHS Trust Development Authority, and theAdvertising Standards Authority are all also able to take action within the health care sector.If the breach relates to enabling integrated care, we will also consider the potential for action toreduce inequalities, in line with our duty under the Act.The likely costs of taking actionTo ensure that we make the best possible use of our resources, we will also consider the cost ofany action. We will think about the resources needed to take a particular course of action andcompare them to the potential benefits. We propose to consider staff and non-staff costs, and thelikely duration of the work.Page 14 of 50