FOI2026/1819

I would like to submit an Freedom of Information request. It is a follow-up FOI to FOI ref 2026/1705/GM/FOI.

1. Please provide details of the minimum routine waiting time applied to Independent Sector Providers
2. With reference to question 1, please specify the types of procedure these minimum waiting times cover and the time duration of the minimum time waiting time specified.

1. General Condition 10 of the NHS Standard Contract, each commissioner retains responsibility for planning and funding services for their registered population. This principle is echoed in the 2025/26 NHS Operational Planning Guidance, which supports local flexibility in response to system-specific pressures and resource envelopes

The guidance enables ICBs to construct Individual Activity Plans, (IAPs) with regard to applicable provider waiting times targets set out in NHS priorities and planning guidance:

• Commissioners should aim to commission activity across all providers in a way that efficiently uses available capacity to balance system affordability and performance requirements.
• Where this involves reducing commissioned activity this should be supported by analysis of demand, capacity and the impact on waiting times

Minimum waiting times were initially proposed to providers via letter when the IAPs were first issued.  They were then reiterated once the IAPs were agreed and formally set, confirming each provider’s adherence to the required waits (along with the full set of Activity Planning Assumptions (APAs)).

The minimum waits—along with the full set of APAs—are written into the provider contracts. These appear specifically within:

• Schedule 2C: Activity Planning Assumptions
• Schedule 6A: Reporting Requirements

2. This applies to all specialties commissioned from Multi-specialty Independent Sector providers who are delivering acute based elective pathways.

The minimum waiting time is 12 weeks however there is provision within the indicative activity plans for providers to escalate any procedures deemed urgent, category Priority 2 patients as per https://fssa.org.uk/_userfiles/pages/files/covid19/prioritisation_master_30_april_21.pdf