The Prime Minister announced earlier this month that there will be a General Election on 4 July 2024. In advance of the election there will be a pre-election period during which public bodies are subject to certain restrictions on communications and decisions in order to remove the risk of unfairly influencing the election campaign or outcome.

In this insight we highlight the main considerations for NHS bodies during the current pre-election period.

When does the pre-election period start and finish?

The pre-election period started on Saturday 25 May, and it will continue until 5 July unless a new government is not formed until a later date.

Dos and don’ts of the pre-election period

The overarching principle is that NHS bodies should behave impartially towards all candidates and political parties, and not influence the election outcomes, whether inadvertently or intentionally.

There are specific restrictions in respect of:

• new decisions or announcements of policy or strategy
• decisions on large and/or contentious procurement contracts
• participation by official NHS representatives in debates and events that may be politically controversial, whether at national or local level.

These restrictions apply unless postponement would be detrimental to the effective running of the local NHS, or wasteful of public money.

Visits from prospective Parliamentary candidates are permitted, but an even-handed approach must be applied to all candidates’ requests for visits.

Public consultation

One of the main areas that is impacted by the pre-election period is public consultation. No new NHS consultations should be launched during the pre-election period unless they are considered essential. Ongoing consultations can continue but should not be promoted. This often means that the consultation period needs to be extended.

Consultation responses and Decision-Making Business Cases will not normally be published until after the pre-election period has ended. These restrictions will need to be factored into the planned timetables for service changes.

Impact on NHS Boards

Whilst Board meetings can continue as usual they should be limited to discussing matters that need a board decision or require board oversight. Matters of future strategy should be deferred until after the election. Appointments of board members and Foundation Trust governors can continue as per the usual processes unless there is a concern that they may raise local political sensitivities.

How Capsticks can help

If NHS bodies follow the overarching principle of impartiality they are unlikely to run into significant difficulties during the pre-election period. Particular consideration will need to be given to any urgent decisions that need to be made, as well as current or planned consultations. It is also recommended that NHS bodies review their upcoming programme of Board business to ensure this is consistent with the restrictions that apply during the pre-election period.

Our specialist public law and governance team is available to respond to your queries about how the pre-election period impacts on your organisation and any decisions, consultations or other matters that may be affected. Please speak to Peter Edwards, Mary Mundy or Anita Rao to find out more about how Capsticks can help.