Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, with reference to the report on the Clinical Negligence Scheme for Trusts (CNST) consultation by NHS Litigation Authority, published in October 2016, what steps his Department is taking to ensure that there is no gap in CNST cover when a patient is treated by an independent provider on behalf of the NHS.

The NHS Litigation Authority, known as NHS Resolution from 1 April 2017, handles clinical negligence claims on behalf of National Health Service organisations and independent sector providers of NHS care in England.

NHS Resolution has provided the following response.

Independent providers of NHS healthcare became eligible to join the Clinical Negligence Scheme for Trusts, administered by NHS Resolution on behalf of the Secretary of State, from 1 April 2013 in respect of their NHS work. Membership is not compulsory and providers may still purchase commercial insurance cover against clinical negligence liabilities if they wish to do so. It is the obligation of commissioners to ensure that providers have adequate indemnity or insurance cover.