Clause 3
NHS Redress Bill [Lords]
11:00 am
Sandra Gidley (Shadow Minister, Health; Romsey, Liberal Democrat)
The stated aim of the Bill is to ensure not just that there is financial compensation but that patients receive a proper report of what has gone wrong and that they are clear about what actions are being put in place to ensure that the same mistake is not repeated. On Second Reading there was consensus among hon. Members from all parties that if the problems that came to the notice of a constituency MP were investigated sooner and taken more seriously, if apologies were made and the patient was reassured that something was happening to prevent further mistakes, life would be much simpler, for the constituent’s MP if for nobody else.
Research has shown that most people’s motivation is to ensure that mistakes are not repeated. It is sometimes frustrating to receive a bland response saying, “Yes, we have got an action plan in place, so you can be reassured that this will not happen again.” Health professionals are not always open about sharing that action plan with others. That is the area that the amendments seek to address. Amendment No. 15 would make it a requirement that the provision of assurances that lessons have been learned and action will be taken to reduce the risk of errors being repeated is an essential part of the redress package. At the moment, it is not clear that that must happen. To our way of thinking, it is a fundamental part of the review.
I gather that there are plans for an annual report that will be anonymised. That is not enough for the individual patient who, having brought a complaint, wants to be absolutely clear that action is being taken in their local area, that they know what that action is and that there is openness and transparency about the process.
The Bill does not require any reporting of the results of investigations or assessments of eligibility for redress under the scheme. Only an offer of redress, apology and explanation is required for people who are assessed by the scheme as being eligible for redress. Those who are assessed as ineligible may get nothing at all. In order to make a decision as to whether to accept an offer of redress or accept an assessment of being ineligible for redress, it is important that the patient has the full facts and rationale for the decisions made. That is in the spirit of openness that the National Patient Safety Agency is trying to foster. It would clearly be unfair and unreasonable for such information to be withheld. It would seriously undermine the credibility of the scheme and the culture of openness that is aspired to.