Committee publishes its report on the proposals for a NHS redress scheme

The Assembly’s Proposed NHS Redress (Wales) Measure Committee has welcomed the Welsh Assembly Government’s proposals for a NHS redress scheme for Wales.

The Committee’s Stage 1 report is the first of its kind to be published under the Assembly’s new legislative powers.  View the Committee report

In its report, members of the Committee have recommended the Assembly agree the Measure’s general principles: to make arrangements for redress in cases of medical negligence in connection with treatment provided by the NHS in Wales.

However, they have also called for the Welsh Assembly Government to amend some of the provisions in the Measure and provide more detailed information for the Stage 1 debate on a number of issues:

• Limited information has been provided on the financial impact of the legislation and more detailed information needs to be provided for the Stage 1 debate.

• The extension of redress arrangements into the primary care sector requires a full evaluation of its operation in the secondary care setting as well as thorough consultation with stakeholders in primary care;

• Further work needs to be carried out to ensure there is clarity in the legislation about the relationship between redress arrangements and the NHS complaints scheme;

• Further consideration is needed on what the compensation limits should be for cases under any redress scheme;

• The Measure should be amended to ensure safeguards are put in place where a decision is made to withhold an investigation report from a patient;

• The Measure needs to make provision for interim time limits during the investigation and settlement process to ensure that both patients and NHS staff have confidence in any redress arrangements;

• Further work needs to be carried out to ensure that the investigations process is effective;

• The Minister should provide further information in the Stage 1 debate on how and when patients will receive specialist advice and assistance;

• Much of the redress scheme will be set out in regulations made by Welsh Ministers and the Committee recommends there should be a statutory duty to consult on all regulations other than those of an updating or technical nature;

The Committee has also recommended that in the future policy should always have been developed before legislation is introduced for consideration by the Assembly.

Jonathan Morgan AM, Chair of the Committee, said:

“This is the first Measure to be considered by the Assembly and, as such, it represents one of the first tests of the Assembly’s new legislative powers.  We have scrutinised the proposed legislation very carefully and have consulted a range of key organisations to help inform our lines of inquiry.

“Whilst we recommend in our report that the Government’s proposals are the best way to proceed, we have raised some concerns, such as the inclusion of primary healthcare services under the scheme and how in practice the redress arrangements will be managed and monitored.

“We have also called for the Minister for Health and Social Services to provide important information about the operation of the redress scheme at the Stage 1 debate in plenary.”

Further information on the proposed Measure and the legislative process