Dr A complained about the Health Board’s decision not to offer financial redress to his mother, Mrs B under the Redress Scheme contained within The National Health Service (Concerns, Complaints and Redress Arrangements) (Wales) Regulations 2011 (“the Regulations). Dr A said that the Health Board had not completed an up-to-date assessment of Mrs B’s disability, that no evidence had been provided to support that the redress amount would exceed £25,000 and that Mrs B’s views had not been sought and considered.
The Health Board agreed to the following: a) As per Regulation 32 of The Regulations, legal advice, without charge (to the limit of £1,600 plus VAT) shall be available to Dr A to consider the Health Board’s refusal to make an offer of financial redress under the Redress Scheme. The Health Board agreed to provide Dr A with a list of Solicitors and the necessary information around funding within 14 days.
b) Following Dr A obtaining legal advice (if he so chooses), the Health Board will give further consideration (as per Regulation 29(3)) to making an offer of settlement outside of the provisions of the Regulations.
c) The Health Board shall ensure it advises all complainants in writing that legal advice can be sought free of charge (under Regulation 32) if it makes the decision not to make an offer of financial redress under the Regulations.