Select committee: Public Accounts Committee

Conclusion 1

64th Report - Costs of clinical negligence Published 30 Jan 2026 Addressed to HM Treasury
Conclusion (the committee's words)
On the basis of a report by the Comptroller and Auditor General, we took evidence from the Department of Health and Social Care (the Department), NHS England and NHS Resolution on the costs of clinical negligence.1 Our predecessor committees reported on clinical negligence in 2002 and 2017, and both this Committee and our immediate predecessor raised further concerns about progress in tackling the rising costs in its 2024 and 2025 reviews of the Department’s accounts.2

From: Public Accounts Committee, 64th Report - Costs of clinical negligence (HC 1234), 30 January 2026

Government response

The government responded to the whole report on 7 April 2026 (deadline 30 March 2026).

Summary written by Accountability Index from the government's response. It is not the government's own words.

The government agrees with the Committee's recommendation to set out an operational plan on clinical negligence, disagrees with others, and has some recommendations "under consideration".

  • It agrees to write to the Committee "by this Autumn" with its workplan, key milestones and likely areas of focus for reform, but "disagrees" with publishing David Lock KC's review, saying it has "no current plans" to publish a separate report.
  • It "disagrees" with estimating and tracking the costs of treating avoidable harm, stating it "would not be financially or logistically feasible", and "disagrees" with a new national data-sharing system, saying "there is already data sharing arrangements in place".
  • On maternity, it agrees with the recommendation to learn lessons. Baroness Amos has confirmed the independent investigation will publish its final report in June 2026, and a National Maternity and Neonatal Taskforce will develop a national action plan.
  • Alternative dispute mechanisms and fixed recoverable costs are "under consideration", and the government is "unable to commit" to the six-month timeframe for double recovery estimates. It will write to the Committee by Autumn 2026 on each.

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