Source · Select Committees · Public Accounts Committee
Recommendation 26
26
Deferred
No clear data on clinical negligence claimants accessing public services post-compensation.
Conclusion
There is no estimate of the extent to which successful clinical negligence claimants then go on to use publicly funded health or social care services for their conditions.67 We asked NHS Resolution why there is no clear data on the number of people who are paid compensation and go on to receive ongoing health and social care services. NHS Resolution told us it is not able to ask claimants for information on either how they spend their award or whether they subsequently access publicly funded services to manage their condition.68 Although claimants can be asked to declare in court if they 60 Committee of Public Accounts, DHSC Annual Report and Accounts 2023–24, Twenty-fifth Report of Session 2024–25, HC 639, 14 May 2025 61 Society of Clinical Injury Lawyers (CCN0005); Action against Medical Accidents (CCN0018); Do No Harm (CN0024) 62 Q 74 63 Q 67 64 C&AG’s Report, para 2.20 65 Qq 35, 76 66 Q 44 67 C&AG’s Report, para 2.20 68 Q 76 17 plan to use the NHS for treatment, NHS Resolution told us the courts have explicitly said that these arrangements cannot be imposed on claimants without their permission.69
Government Response Summary
The government is keeping under consideration the issue of clinical negligence claimants using publicly funded services and will write to the Committee by Autumn 2026.
Government Response
Deferred
HM Government
Deferred
The government is keeping this under consideration. Target implementation date: to be advised. 6.2 The existing system requires judges to disregard the availability of NHS services when assessing damages for personal injury. This means claimants are able to claim damages for future care costs (for example, including private care) and then go on to use state-funded NHS and social care services too. Double Recovery, or the instance of the state paying twice, once in terms of compensation calculated on the basis of private care, and again if the recipient of the compensation then goes on to use state-funded care, is a significant concern and an area that David Lock KC will focus on in his work. 6.3 As the NAO’s Costs of clinical negligence report in October described, there is “no estimate of the extent to which clinical negligence claimants go on to use publicly funded health or social care services for their conditions, and little is known about how damages are used by claimants.” Working with David Lock KC, DHSC has sought to identify potential data sources in order to make an informed calculation and continues to do so. However, data in this area is limited, partly because there is no legal obligation for a claimant to notify the relevant service providers of their past compensation payments. DHSC is, therefore, unable to commit to the timeframe specified in this recommendation to provide estimates of the scale of double recovery. 6.4 The government will write to the Committee by this Autumn 2026 on the case for change and provide additional information on the department’s intentions, including Double Recovery.