ASA Adjudication on NHS North East

Ad

A regional press ad for an NHS hospital appointment booking service showed the heads of two people. Quotes alongside them stated respectively "I'd like a hospital with shorter waiting lists" and "I'd like to be treated by the same team of people as last year." Large text underneath them stated "good news - you choose!" Body copy underneath stated "it's your choice - If your GP refers you for treatment you can choose not only the date and time of your first appointment, but also which hospital you go to. You can choose from any NHS hospital, as well as some private ones. So, whether you'd prefer to be close to home, or to go somewhere with a shorter waiting list, the choice is yours! Find out more at your GP practice or visit ..." (a website address followed). The logo "NHS North East" appeared in the top right-hand corner.

Issue

The complainant, a GP, challenged whether the claim that a patient "can choose from any NHS hospital" was misleading and could be substantiated.

CAP Code

Response

NHS North East said the ad had run in the north east only.  They said it was national Department of Health (DH) policy for patients to be given a choice of place, date and time for their initial non-emergency and planned hospital referral.  They said research had shown, however, that patients' awareness of that entitlement was quite low and that they were often not offered a choice while at their GP's surgery.  They said the aim of the ad, therefore, was to raise awareness of patients' entitlement and to convey the message that choice rested with patients as opposed to in the more "traditional" situation where GPs chose a hospital to refer their patient to without necessarily referring to the patient's preference.  They said it was never their intention, however, to state how an appointment would be booked or confirmed.  They said that, by emphasising the position of choice, patients could be more informed and could consider which hospital they would prefer together with their other commitments such as work or childcare responsibilities.

They said there were a number of ways in which patients could choose and book their appointment.  They said hospitals made a certain number of appointment slots available on an electronic system which was accessed by GPs in their surgery during the patient's appointment.  They said the electronic system did not have unlimited, real-time appointment slots uploaded on to it and that with more popular specialities or hospitals there might not always be appointments available "live" on the system.  They said that did not negate a patient's right to choose to be referred there, however, and that there may be more choice or flexibility available to the patient if they contacted the NHS appointment line themselves, which they were free to do.  They said the ad advised patients to ask for more information at their GP's surgery because that was where they would be when a referral was made.  They said the ad did not, however, claim that the appointment would be booked and confirmed then.  They said the ad was part of an integrated campaign that ran for seven weeks and which included TV, radio, bus sides, external bill boards, leaflets, posters and bus shelters but that no complaints had been made direct to NHS North East.

Assessment

Upheld

The ASA noted the explanation NHS North East had given of the process by which patients would discuss their options for non-emergency and planned referral appointments with their GP.  We noted that the ad did not state explicitly that an appointment could be booked while patients were in their doctor's surgery and that it invited readers to find out more at their GP's surgery or via a website.  We noted that, although it was national policy that patients were given a choice of place, date and time for their initial non-emergency and planned hospital referrals, NHS North East had not provided evidence that showed that, in practice, most patients were able to exercise their choice.  We also noted the experience of the GP who had contacted us was that it was not always possible for patients to book an appointment at their chosen hospital.  We considered that, although it might be possible in many cases for patients to choose the date, time and place of their appointment, in other cases, because of high demand or other factors, it also might not be possible.  We considered the ad suggested patients could always choose the date, time and place of their appointment for non-emergency, planned referral but, because NHS North East had not provided evidence that showed that was the case, we considered the ad could mislead readers.

The ad breached CAP Code clauses 3.1 (Substantiation) and 7.1 (Truthfulness).

Action

The ad must not appear again in its current form.

Adjudication of the ASA Council (Non-broadcast)