Key drivers - the legislation that underpins the DQMI

Health and Social Care Act 2012

Section 266 of the Health and Social Care Act 2012 states that NHS Digital's statutory data quality role is to assess the extent to which the data it collects meets applicable published standards and to publish the results of the assessments. In addition, Section 265 of the Act states that NHS Digital may give advice or guidance on data quality relating to the collection, analysis, publication or other dissemination of data and information.

False or misleading information

The Francis Inquiry found that false or misleading information, such as inaccurate statements about mortality rates, allows poor and dangerous care to continue.

In response, the Care Act 2014 put in place a new criminal offence applicable to care providers who supply, publish or otherwise make available certain types of information that is false or misleading, where that information is required to comply with a statutory or other legal obligation. The offence also applies to the ‘controlling minds’ of the organisation, where they have consented or connived in an offence committed by a care provider.

This guidance sets out the context for the offence and explains how the offence is applied.