Source · Select Committees · Public Accounts Committee
Recommendation 9
9
Deferred
Department unable to discuss policy due to ongoing clinical negligence review.
Recommendation
On multiple occasions the Department told us that it was unable to comment on many aspects of current policy as a recent review into clinical negligence by David Lock KC was still being considered by ministers.9 5 C&AG’s Report, paras 6, 7, 1.18 6 C&AG’s Report, para 14 7 Q 35 8 C&AG’s Report, para 8 9 Qq 35, 47, 63, 97, 100 10 As a result it would also not comment on whether it thought the current steps being taken to reduce clinical negligence costs would make a difference.10 The Department repeatedly assured us that the review would cover all aspects of clinical negligence, including when we asked about policies on legal costs, international comparisons, options for alternative dispute resolution, the assumptions around provision of private health and social care and the overall causes of rising costs.11 Underlying causes of harm to patients
Government Response Summary
The government will write to the Committee by Autumn 2026 to set out the case for change, its workplan including to describe key milestones, and the likely areas of focus for reform in clinical negligence.
Government Response
Deferred
HM Government
Deferred
The government agrees with the Committee’s recommendation. Target implementation date: Autumn 2026 The rising cost of clinical negligence and experience of patients navigating the system are of great concern to government and ministers are committed to addressing this issue and to improving the experience of NHS patients who have been injured by negligent NHS care. Between 2006-07 and 2024-25, total payments for clinical negligence increased five-fold from approximately £0.6 billion to £3.1 billion (nominal) and are forecast to continue rising, putting further pressure on NHS finances. The government does not accept that ever increasing 19 levels of compensation is in the wider public interest and agrees that this issue should be tackled. The government will write to the Committee by this Autumn to set out the case for change, and its workplan including to describe key milestones, and the likely areas of focus for reform. There is no one “quick fix” but instead a series of complex issues which together bring an upward cost pressure on clinical negligence budgets. The department is urgently examining how to best act swiftly to address some of the problems. As the Department of Health and Social Care (DHSC) described in the Committee hearing in November, David Lock KC has been providing expert advice on addressing the rising costs and how to improve patients’ experience of clinical negligence claims.