Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, in what circumstances NHS Resolution becomes involved in a legal case being undertaken by a patient against the NHS; and if he will make a statement.

NHS Resolution (NHSR) manages clinical negligence and other claims against the National Health Service in England. NHSR has a responsibility to settle claims fairly and swiftly, and to defend against unmeritorious claims, to protect NHS resources.

NHSR administers claims covered by several indemnity schemes. The two main schemes are the Clinical Negligence Scheme for Trusts, which provides cover for clinical negligence claims against secondary care providers, including all NHS trusts, and the Clinical Negligence Scheme for General Practice, which provides cover for clinical negligence claims relating to NHS services provided in general practice for incidents occurring on or after 1 April 2019.

NHSR also administers the Liabilities to Third Parties Scheme for non-clinical claims against NHS trusts, such as public and employer’s liability. The administration of each NHSR scheme is governed by Regulations and Scheme Rules, which together set the parameters of what is covered. These are available on the NHSR website. As NHSR is independent, the Department is not involved in managing the day-to-day operations of NHSR, including claims handling.