Recommendation 12

The 2025 Dash review of patient safety found that the current system for raising complaints and concerns is confusing, with issues often poorly handled and patients subject to delays and poor-quality responses. Research commissioned by NHS Resolution found that improving the NHS’s initial response to harmful incidents could reduce the number of patients who pursue clinical negligence claims.21 However, in their written submissions to us, multiple organisations raised concerns about how inconsistently NHS trusts apply the statutory requirement to be open and transparent with patients, known as ‘duty of candour’.22 NHS Resolution told us that in its experience openness and transparency are the best way to prevent a claim in the first place.23 When questioned about inadequacies in the existing complaints system, NHS England told us it is very keen to do more to improve patient experience and is looking at alternative models for the NHS complaints system. When asked about how it is learning from complaints, NHS England told us that complaints are collected centrally in themes with around 200,000 to 250,000 reviewed each year nationally.24 NHS Resolution explained that it is also working across all areas locally with NHS trusts to identify complaint issues that might escalate into clinical negligence claims further down the line.25