NHS Redress Bill [HL]

Let me assure the noble Baroness that patients can trigger the scheme. Clause 4(2)(f) enables the scheme to cover the situation where proceedings are commenced without the person himself asking or being aware that the scheme had been triggered. It is intended that providers of hospital care as part of the NHS in England will be required actively to identify cases that may be eligible under the scheme as a result of considering complaints, adverse incident reports or cases identified through the organisation’s corporate governance procedures, and where such cases are identified, to start the scheme and initiate an investigation. In such cases, Clause 4(2)(f) will enable the scheme to require the person who may be eligible for redress to be notified of the commencement of proceedings under the scheme. Keeping patients informed is at the heart of the process, and it will be a key to the success of the scheme. We are trying to produce a scheme that enables people to apply, but that does not rely on people applying. As we discussed earlier, we are trying to change the culture of the NHS in that respect. We did not want to rely purely on an application-based scheme. We thought it right that where the authority itself recognised that mistakes had been made, it should be able to trigger the scheme. Clause (4)(2)(f) requires the authority to notify the patient. It is also intended that applications may be made to the scheme by a patient or any dependent—for example, spouse, child or civil partner—who believes that they may have a claim following the death of a patient by virtue of the Law Reform (Miscellaneous Provisions) Act 1934 or the Fatal Accidents Act 1976. It is intended that it will also be possible for an appropriate representative to make a claim on behalf of a patient; for example, on behalf of a child or a person who lacks the capacity to make an application for himself, or where the patient has requested the representative to act on his behalf. The amendment is unnecessary, as the Bill as currently drafted already allows for individuals to apply to the scheme directly. The details of who may make applications will be covered in the scheme and will therefore be part of the secondary legislation on which we will be consulting stakeholders. Where an application is made, the intention is that the scheme will require the relevant scheme member to consider the application and, if it falls within the scheme, to investigate and make an appropriate offer of redress. That is the background. The two issues are that people can apply under the scheme, but even if they do not apply, the scheme may be triggered, and they will be notified when a member of the scheme has decided to carry out an investigation.