Advertising

CCP Advertising and misleading information cases

The Principles and Rules of Co-operation and Competition place obligations on healthcare commissioners and service providers about the provision of information to patients. In particular:

  • Commissioners and providers should ensure that patients have accurate and reliable information to exercise more choice and control over their healthcare
  • Appropriate promotional activity is encouraged as long as it remains consistent with patients' best interests and the brand and reputation of the NHS.

Complaints about advertising or misleading information should first be addressed through the dispute resolution procedures put in place by Strategic Health Authorities. If parties are not satisfied with a decision by the Strategic Health Authority, an appeal may be made to the CCP.

Acceptance criteria

For an advertising and misleading information dispute appeal to be accepted by the CCP, we must judge that:

  • The subject matter comes within the ambit of the Principles and Rules of Co-operation and Competition
  • The CCP is the most appropriate body to consider or resolve the issue
  • The relevant parties have made full and frank disclosure of all relevant and applicable information
  • No legal proceedings have commenced in relation to the matter
  • The dispute is not trivial, vexatious or an abuse of the CCP's procedures
  • The appeal has been made within 10 working days of the SHA's decision.

Advertising and misleading information dispute appeal process

The advertising and misleading information dispute appeal process is governed by the CCP's Rules of Procedure and procurement dispute appeal guidelines.

Stages and deadlines

Stage Deadline
Complaint submitted to CCP Day 0
Notice of acceptance published Within 10 working days
Report to the relevant sponsor Within 40 working days

The timetable for an advertising and misleading information dispute appeal may be suspended by the CCP to allow for the provision of further information, or it may be extended with the approval of the relevant sponsor.

Read the guidance document

We have published draft guidelines setting out the advertising and misleading information dispute appeal process

Read the advertising and misleading information dispute appeal guidelines

Department of Health NHS Monitor