NHS Redress Bill [HL]

This is one of the issues that will be set out in detail in the guidance, but I can say on the record that if, for example, when investigating a second-tier complaint, the Healthcare Commission was concerned that the redress scheme was appropriate but had not been triggered, it could draw that to the attention of the trust concerned and of the patient. In the consultation on the detailed guidance, we will make sure that if bodies come across cases where there is evidence, they ought to be addressed under the scheme. It is not in our interest to have them concealed. It is in our interest to have them drawn to the attention of the NHS body and to the patients concerned. Where we part company is on the issue of whether a separate body from the NHS Litigation Authority ought to pursue the administration of the scheme when a potential case has been identified. But we are not suggesting that any independent body that comes across an incident or episode should not be able to take the appropriate action to draw attention to it. The Healthcare Commission will be under a duty to take action directly under Clause 5 of the Bill.