Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, what assessment he has made of the potential merits of repealing section 2(4) of the Law Reform (Personal Injuries) Act 1948.

The rising costs of clinical negligence claims against the National Health Service in England are of great concern to the Government. Costs have more than doubled in the last ten years and are forecast to continue rising, putting further pressure on NHS finances.

Although forecasts remain uncertain, it is likely that the costs of clinical negligence will continue to grow substantially. The Government Actuary’s Department forecasts that annual payments for compensation and legal costs will increase from £3 billion in 2024/25 to £4.1 billion by 2029/30.

As announced in the 10-Year Health Plan for England, David Lock KC is providing expert policy advice on the rising costs of clinical negligence and how we can improve patients’ experience of claims. The review is ongoing, following initial advice to ministers and the recent National Audit Office report.

We welcome the report by the National Audit Office. The results of David Lock’s work will inform future policy making in this area. No decisions on policy have been taken at this point, and the Government will provide an update on the work done and next steps in due course.