NHS Redress Bill [HL]

Clause 9 requires the Secretary of State to arrange the provision of assistance to individuals seeking redress, or who may seek redress, under the scheme to the extent that she thinks it is necessary to meet reasonable requirements. It is essential that patients have appropriate support throughout the scheme to be able to make a positive contribution to resolution and to raise any concerns they may have with the appropriate body. The clause requires the Secretary of State to arrange to such extent as she sees necessary for the provision of assistance for individuals seeking redress or intending to seek redress under a scheme. The assistance may take the form of representation or some other form of assistance. The clause also provides that the Secretary of State may make such other arrangements as she thinks fit for the provision of assistance to individuals in connection with cases that are the subject of proceedings under the scheme. Where the Secretary of State makes arrangements under this clause, she may make payments to any person in respect of those arrangements. In other words, she may fund the provision of the assistance provided under this clause. In making any arrangements pursuant to this clause, the Secretary of State is required to have regard to the principle that arrangements for the provision of assistance should, in so far as is practicable, be independent of persons to whose conduct the case relates or who are involved in dealing with the case. From a patient perspective, this is an important clause within the overall structure of the NHS redress scheme. Indeed, I think it is invaluable. It is intended that patients and appropriate representatives whose cases are being considered under the scheme will be able to access support at any time during the process from PALS and ICAS-type arrangements. It is intended that these arrangements will resemble those currently in place to support patients in the NHS complaints process. I note what the noble Baroness has said about PALS and ICAS, but organisations evolve and develop in response to needs. Skills and training are of course of the utmost importance and we shall certainly address those issues, as are information and communication. I am sure that we can learn something from the noble Lord’s Act. The McKenzie Friend idea is very interesting and certainly one that we will take away. We will report back to the noble Earl at a later stage. We are committed to protecting patients’ rights. Until the point at which an offer is accepted under the scheme, the patient will retain the right to litigate. However, we want to place the emphasis on putting things right before litigation is initiated. I am sure that that is what all noble Lords want. The assistance offered by this clause, coupled with the free legal advice that patients will receive in relation to their offer under Clause 8, will assist in ensuring that they can achieve the best possible outcome.