Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, if he will make an assessment of the potential impact of litigation on culture in the NHS.

The Department is committed to ensuring there is an open, just and learning culture in the National Health Service. Equally, where people have been harmed negligently, they are entitled to seek redress, including through litigation.

Several organisations, such as NHS England, the Care Quality Commission and NHS Resolution (NHSR) are responsible for ensuring the NHS is continuously improving towards a just culture that balances fairness, learning and accountability. In July 2023, NHS England published ‘Improving patient safety culture – a practical guide’ which supports the existing NHS ‘Just Culture Guide’ and seeks to embed just culture principles across the NHS.

On litigation, NHSR, which handles claims on behalf of the NHS, has launched a range of resources to support NHS trusts in relation to openness, duty of candour, the importance of apologies and learning from claims. NHSR has worked with a wide range of partners in developing their ‘Being Fair’ guidance and the Just and Learning Culture Charter, which were published earlier this year and promote a just and learning culture for all.