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3 Jun 2008 : Column 906W—continued
Mr. Amess: To ask the Secretary of State for Health how much was paid out by the National Health Service Litigation Authority in compensation in each of the last 10 years. [206125]
Ann Keen: The information requested is shown in the following table. The data was provided by the NHS Litigation Authority (NHSLA).
| £000 | ||||||||||
| 1997-98 | 1998-99 | 1999-2000 | 2000-01 | 2001-02 | 2002-03 | 2003-04 | 2004-05 | 2005-06 | 2006-07 | |
| (1,2) £612,000 in 2000-01 and £119,000 in 2001-02 reflects the amounts reimbursed to trusts as part of the ‘call-in’ when the NHSLA took on responsibility for handling all claims on behalf of trusts and not just those above the agreed excess level. Notes: 1. CNST relates to payments under the Clinical Negligence Scheme for Trusts. 2. ELS relates to payments under the Existing Liabilities Scheme. 3. Ex-RHA relates to payments under the Ex-Regional Health Authorities Scheme. 4. LTPS relates to payments under the Liabilities to Third Parties Scheme. 5. PES relates to payments under the Property Expenses Scheme. | ||||||||||
Mr. Amess: To ask the Secretary of State for Health what funds have been set aside during the next 12 months by the National Health Service Litigation Authority in relation to (a) compensation payments to and (b) possible legal costs incurred by patients or patients’ families and next of kin; and if he will make a statement. [206126]
Ann Keen: The NHS Litigation has estimated that for the next 12 months, clinical compensation payments will total £455 million, defence costs will be £63 million and claimant costs will be £100 million.
Mr. Amess: To ask the Secretary of State for Health under what legislative provisions the National Health Service Litigation Authority is regulated; what changes have been made since enactment; what further changes are planned; and if he will make a statement. [206162]
Ann Keen: The NHS Litigation Authority (NHSLA) was established by the National Health Service Litigation Authority (Establishment and Constitution) Order 1995, S.I. 1995/2800. The order was made under section 11(1), (2) and (4) of, and paragraph 9(7)(b) of schedule 5 to, the National Health Service Act 1977. Following the consolidation of the enabling authority, this order now has effect as if made under the National Health Service Act 2006, section 28 and the National Health Service (Wales) Act 2006, section 22, by virtue of the National Health Service (Consequential Provisions) Act 2006, section 4, schedule 2, part 1, paragraph 1. S.I. 1995/2800 has been amended by:
the National Health Service Litigation Authority (Establishment and Constitution) Amendment Order 2002, S.I. 2002/2621; and
the National Health Service Litigation Authority (Establishment and Constitution) Amendment (No. 2) Order 2005, S.I. 2005/2621.
The National Health Service Litigation Authority Regulations 1995, S.I. 1995/2801, make detailed provision about the operation of the NHSLA. The Regulations were made under sections 16 and 126(4) of, and paragraphs 12 and 16 of schedule 5 to, the National Health Service Act 1977. Following the consolidation of the enabling authority, these regulations now have effect as if made under the National Health Service Act 2006, section 29, schedule 6, paragraphs 5, 13 and the National Health Service (Wales) Act 2006, section 25, schedule 5, paragraphs 5, 13, again by virtue of the National Health Service (Consequential Provisions) Act 2006, section 4, schedule 2, part 1, paragraph 1. S.I. 1995/2801 has been amended by:
National Health Service (Functions of Health Authorities and Administration Arrangements) Regulations 1996, S.I. 1996/708;
National Health Service Litigation Authority (Amendment) Regulations 1996, S.I. 1996/968;
Health Authorities (Membership and Procedure) Amendment Regulations 1997, S.I. 1997/2991;
National Health Service (Pilot Schemes: Miscellaneous Provisions and Consequential Amendments) Regulations 1998, S.I. 1998/646;
Special Health Authorities (Amendment) Regulations 1998, S.I. 1998/1576;
Health Authorities (Membership and Procedure) Amendment Regulations 2000, S.I. 2000/696;
National Health Service Litigation Authority (Amendment) Regulations 2000, S.I. 2000/2433;
National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) Regulations 2002, S.I. 2002/2469;
National Health Service (Local Pharmaceutical Services etc.) Regulations 2002, S.I. 2002/2861;
Health and Social Care (Community Health and Standards) Act 2003 (Supplementary and Consequential Provision) (NHS Foundation Trusts) Order 2004, S.I. 2004/696;
National Health Service (Local Pharmaceutical Services etc.) Regulations 2006, S.I. 2006/552; and
Enterprise Act 2002 (Disqualification from Office: General) Order 2006, S.I. 2006/1722.
The Special Health Authorities (SHA) Abolition Order 2005, S.I. 2005/502, dealt with the abolition of the Family Health Services Appeal Authority (FHSAA) and transferred its responsibilities to the NHSLA. This order was made under the powers conferred by sections 11(1), (2) and (4) and 126(3) and (4) of the National Health Service Act 1977. Following the consolidation of the enabling authority, this order now has effect as if made under the National Health Service Act 2006, section 28 and the National Health Service (Wales) Act 2006, section 22 by virtue of the National Health Service (Consequential Provisions) Act 2006, s 4, schedule 2, part 1, paragraph 1.
The National Health Service (Complaints) Regulations 2004, S.I. 2004/1786, make provision for complaints in the NHS for specific NHS bodies, which include SHAs to which section 2 of the Health Services Commissioners Act 1993 applies. These regulations were amended by the National Health Service (Complaints) Amendment Regulations 2006, S.I. 2006/2084
Section 2(5)(b) of the Health Service Commissioner Act 1993 provides for an Order in Council to be made to include other SHAs than those listed at section 2(1). The NHSLA was included through the following order:
The Health Service Commissioner for England SHAs Order 2005, S.I. 2005/251.
The Secretary of State is also able to direct the NHSLA by virtue of sections 16D, 17, 18(3) and 126(4) of the National Health Service Act 1977, section 7(3) and (4) of the Health and Medicines Act 1988. The enabling authority under the 1977 Act has subsequently been consolidated under section 8 of the NHS Act 2006.
Directions that regulate the NHSLA are:
The National Health Service Litigation Authority (Functions) Directions 1995;
The National Health Service (Clinical Negligence Scheme) Directions 1997;
The National Health Service (Existing Liabilities Scheme) Directions 1997;
Directions to the National Health Service Litigation Authority Arrangements for Reimbursement of Health Authorities For Payments Under Structured Settlements in Respect of Clinical Negligence Claims 1999;
The National Health Service Litigation Authority Directions 2005;
Directions as to the Functions of the National Health Service Litigation Authority (GDS Contracts Disputes) 2005;
Directions as to the Functions of the National Health Service Litigation Authority (PDS Agreements Disputes) 2005;
Directions as to the Functions of the National Health Service Litigation Authority (GDS Contract and PDS Agreements Transitional Disputes) 2005;
National Health Service Litigation Authority (Functions) (England) Directions 2005;
National Health Service Litigation Authority (Functions) (England and Wales) Directions 2005;
The National Health Service Litigation Authority and National Health Service Trusts (Supply Of Services and Facilities To The FHSAA) Directions 2005;
National Health Service Litigation Authority and Primary Care Trust Directions 2005; and
The National Health Service Litigation Authority (Functions) (England) (Amendment) Directions 2007.
In future, the Secretary of State intends to issue Directions to the NHSLA with regard to the resolution of disputes in primary medical services over the general practitioner systems of choice primary care trust-practice agreement.
NHS: Nutrition
Mr. Stephen O'Brien: To ask the Secretary of State for Health what priority is accorded to training in nutritional care within the Knowledge and Skills Framework of Agenda for Change. [206665]
Ann Keen: The NHS Knowledge and Skills Framework sets out the knowledge and skills that NHS staff might need to apply in their posts. It is used to review how staff are applying the knowledge and skills required in their work and identify any training and development needs for individual staff. Nutritional care is one such training need that is covered in both the core and specific dimensions of the Knowledge and Skills Framework, but the priority given to this would be determined at a local level.
NHS: Personal Records
Mr. Stephen O'Brien: To ask the Secretary of State for Health (1) what items of information are captured by the National Reporting and Learning System; [206668]
(2) how many nutrition-related adverse incidents were recorded in the National Reporting and Learning System in each month since it was established; [206669]
(3) if he will place in the Library a copy of each report on nutrition produced by the National Patient Safety Agency in the last 12 months. [206670]
Ann Keen:
The National Reporting and Learning System (NRLS) contains information on incidents relating to patient safety for all national health service organisations in England and Wales. For each incident, the National Patient Safety Agency (NPSA) collect details on where, when, and what occurred, including a textual description of the event, as well as basic
demographic information on the patient(s) involved (e.g. gender, age and ethnic group) and any resultant harm to the patient. Optional fields are also provided to the reporter for the provision of further details (e.g. additional analysis of the cause of an event).
The following table shows a list of nutrition-related adverse incidents recorded on the NRLS in each month since it was established.
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