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Clinical negligence claims settlement policy

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Dear Department of Health and Social Care,

Please could you provide any documents you hold providing guidance or instructions to NHS Trusts or DHSC (including NHS Resolutions) employees, civil servants and ministers on whether and how to settle clinical negligence claims made against NHS Trusts.

For example (and without prejudice to the generality of the above), any documents that you hold which guide or instruct NHS trusts, employees, civil servants or ministers to only accept or make offers to settle claims where the claim has a greater than 50% chance of success at trial on liability.

Yours faithfully,

Anthony John

Department of Health and Social Care

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Department of Health and Social Care

2 Attachments

Dear Mr John,

Please find attached the Department of Health and Social Care's response
to your recent FOI request (our ref: FOI-1474982).

Yours sincerely, 

Freedom of Information Team
Department of Health and Social Care

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Dear Department of Health and Social Care,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Department of Health and Social Care's handling of my FOI request 'Clinical negligence claims settlement policy'.

Thank you for taking the time to reply to my FOI. In your response you say:

"DHSC holds information relevant to your request.
However, as the some of the information held by DHSC is in the public domain we will, under section 21 of the FOIA (information accessible to the applicant by other means), refer you to the published source."

Your reply is ambiguous. You say that you hold information relevant to the request and that 'some' of this information is in the public domain. That 'some' of the information you hold is already in the public domain cannot justify withholding whatever portion of information is not in the public domain. Please could you therefore: a) state that all the information you hold within the scope of my request falls under the public domain exemption; or b) release any further information you hold that falls within the scope of my request; or c) advise which other grounds you rely on for withholding the information which falls within the scope of my request.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/c...

Kind regards,

Anthony John

Department of Health and Social Care

1 Attachment

Dear Mr John,

Your requested internal review of FOI-1474982 is now complete. Please see
the attached letter for the outcome.

Yours sincerely,

FOI Internal Reviews
Department of Health and Social Care

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We don't know whether the most recent response to this request contains information or not – if you are Anthony John please sign in and let everyone know.