NHS Redress – Listening To People/Putting Things Right

The NHS (Concerns Complaints and Redress Arrangements) (Wales) 2011 (the Redress Scheme), also known as the ‘Putting Things Right Scheme,’ is a method of handling and investigating complaints about the NHS service within Wales.

The NHS Redress Scheme in Wales has undergone significant changes, with the new system known as ‘Listening to People’ replacing the previous ‘Putting Things Right’ framework.

The key changes to the Redress Scheme are:

• A two-stage process focusing on early resolution and a formal investigation stage for complex cases;
• Increased financial offers of settlement up to £50,000;
• Mandatory ‘Listening Discussions’ for early concerns;
• Clear and accessible communication.

When is compensation paid under the NHS Redress Scheme?

In order to be successful in obtaining compensation for a NHS Redress negligence claim, the Health Board will need to confirm that there is a ‘qualifying liability.’

A qualifying liability is a two-stage test.  The Health Board will advise whether their investigation has identified the following:

1. A breach of duty
   In order to satisfy this element, it will need to be established that some care or treatment a patient has received has fallen below a reasonable standard; and
2. Causation
   For this part of the test, it will need to be established that some harm has probably been caused to a patient as a result of the breach of duty.

For more information you can get in touch with one of our specialist medical negligence solicitors in South Wales or leave your details with our 24/7 live chat team and we will call you back at a convenient time. We offer a free telephone consultation where we will listen to your concerns and offer guidance on the process.

How do I claim compensation under the NHS Redress Scheme?

There are two ways in which a claim under the Redress Scheme can be raised which are set out below:

1. Raise a concern with the Health Board

You could make the Health Board aware of your concerns by raising a complaint. This can be done verbally, via email or post. We feel it is best for you to draft a letter which consists of a background to the problems a patient has received with a particular Health Board, followed by an itemised list of questions which you would like answers to. We would advise that when explaining what has happened in the letter, a broad summary only is given at this point, without going into too much detail.

At JCP Solicitors, we offer a free telephone consultation where we would be happy to give you guidance on what it would be best to include in the letter.

A Health Board is obliged to investigate any complaint which has been raised.

You only have 12 months from the date on which the matter of concern occurred to raise a complaint with the Health Board.

2. Health Board’s Own Investigation

Alternatively, the Health Board may initiate its own investigation without being prompted by you.  The Duty of Candour requires NHS bodies to be open and honest when care has caused, or may have contributed to, unexpected or unintended moderate or severe harm, or death.  The Health Board will often write to patients setting out their findings and at that point, will offer free legal advice to be provided under the NHS Redress Scheme.

3. Outcome of the investigation

Once the Health Board have investigated a concern, they will provide you with a letter of response containing the outcome of their investigation. There are usually four different outcomes you may face:

1. A qualifying liability exists.
   The Health Board would have accepted that both a breach of duty and causation is present in your case. The Health Board may consider making you an offer of redress at this point, or alternatively may need to investigate the overall harm or prognosis of a patient in order to provide a reasonable offer of redress.
2. A qualifying liability may exist.
   The Health Board would have identified that there has been a breach of duty, however further investigation is necessary to identify where there has been injury and loss caused as a result of the breach. Part of this investigation may include jointly instructing an independent medical expert.
3. A qualifying liability does not exist.
   The Health Board would be of the view that there has been no breach of duty in respect of your concern raised. However, this does not mean you are out of options in pursuing your claim further. Alternative options may be appropriate for you to proceed with, such as liaising with the Ombudsman, or pursuing a civil medical negligence claim.
4. The likely value of your claim is too high.
   In these circumstances, the Health Board will not usually confirm whether they believe a qualifying liability exists or not. The Health Board will simply state that the value of your claim would exceed the £50,000.00 limit if you were successful, and therefore your concern cannot be considered under the NHS Redress Scheme. At this point it would be in your interests to discuss your case with a solicitor to consider the option of pursuing a civil medical negligence claim, where there is no ceiling to the award available to you.

Is there a limitation period?

In medical negligence claims, there is a general limitation period of 3 years following the date you became aware that you suffered significant injury due to medical treatment. You face risk that your case will become statute barred if you do not submit your claim to the courts within this period.

Under the NHS Redress Scheme, if the Health Board identify that a qualifying liability does, or may exist, then this limitation period is paused from the date in which the Health Board first acknowledged your complaint. However, it is advisable to seek legal advice on your matter at as early a stage as possible because:

1. It is dangerous to assume that the limitation period has been paused without specific confirmation from the Local Health Board; and
2. If it turns out that a medical negligence claim needs to be brought outside the NHS Redress Scheme, we would need to carry out an investigation which would take several months. If we are approached about a case too close to the expiry of the limitation period, we may have to decline to act because there would not be enough time to carry out the investigation before it becomes necessary to issue court proceedings.

We offer a free telephone consultation and would be pleased to advise you as to whether it would be in your best interests to proceed with the complaint or to instruct a solicitor to pursue a civil medical negligence claim.

What will this cost me?

Nothing.  The Health Board is under a duty to fund the cost of any legal representation for the patient. They will also cover the costs of funding any medical expert which may be necessary for the case. Therefore under the NHS Redress Scheme, there would be no cost for you to pay.

Who can represent me?

If the Health Board finds that a qualifying liability exists, or may exist, then you are entitled to free legal advice from a recognised firm of solicitors with known expertise in clinical negligence, and who are accredited by the Law Society or from the Action against Medical Accidents Clinical Negligence Panel.

JCP Solicitors is proud to be part of the recognised firms and has a dedicated team within the medical negligence department who specialise in NHS Redress claims.