Question to the Department of Health and Social Care:

To ask His Majesty's Government what consideration they have given to implementing a fixed recoverable costs regime for clinical negligence claims valued up to £25,000, in the light of previous consultations on this proposal; and what assessment they have made of the potential costs to the taxpayer.

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 10 years and are forecast to continue rising, putting further pressure on NHS finances.

As announced in the 10-Year Health Plan for England, David Lock KC is providing expert policy advice on the rising legal 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’s (NAO) report, The costs of clinical negligence, which was published on 17 October 2025.

The NAO found that in 2024/25, there was a 3.7 to one ratio of legal costs to damages payable for low-value claims, those of £25,000 or less. The report can be viewed on the NAO’s website.

We welcome the report by the NAO. 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.