Dear Ms Bennett,

Thank you for your further email of 16 June to the Department of Health about the NHS Redress Scheme.

The NHS Redress Act 2006 is a framework Act, in the sense that the proposed NHS Redress Scheme has to be enacted through secondary legislation.  During the Bill's passage through Parliament, a number of commitments to consult on specific issues, prior to drafting the regulations, were given.  Any current response about the Act has, therefore, to be based upon the original policy intent behind the Act.

I think it may be helpful to explain the thinking behind the Act.  The NHS Redress Scheme was not originally conceived as an application scheme, though applications would be permitted.  The primary aim was to ensure that where NHS organisations identified errors though risk management and clinical governance procedures, the patient (or patient’s representative) is contacted, the case is investigated and, where there is a legal liability in tort, financial redress is payable without the need to go through the courts.  The policy intent was that, in general, the Scheme would initially exclude primary care, though this position will be reviewed three years after the Scheme comes into effect.  Section 1(6)(b) specifically excludes primary medical services from the scope of the Act, so the proposed NHS Redress Scheme would not cover acts by a GP.  The proposed Scheme relates only to individual cases, where there is a liability in tort.  Cases could not, therefore, be taken together.  

During the passage of the Bill, the Government made clear that it was not minded at that time to introduce a 'Duty of Candour'.  The Act is not therefore underpinned by such a 'duty'.  What it does seek to achieve is a greater spirit of openness, in which NHS organisations identify and investigate potential cases under the Act and take action to provide appropriate redress without the need to go through the courts.

Further information can be found in NHS Redress: Statement of Policy, published by the Department of Health in November 2005, and available at:

http://www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsLegislation/DH_4123281 

I hope this is helpful. 

Yours sincerely,

David Wilson
Customer Service Centre
Department of Health