NHS Redress Act 2006
Encyclopedia
The NHS Redress Act 2006 (c 44) is an Act
of the Parliament
of the United Kingdom
.
The title
of the Act establishes tort
based liability
as the necessary condition for obtaining redress.
The Act is concerned exclusively with "qualifying liability in tort" and affirms Parliament
’s view that fault based liability should remain the basis of compensation for clinical mishaps.
The statute is important legislation since it potentially affects NHS hospital patients; the intention is to extend its operation to primary care
. The underlying policy of the Act is to provide a genuine alternative to litigation. The Act does not affect any private law rights. It is wholly concerned with the process of compensation; it does not alter the basis of compensation. It is procedural, not substantive.
The Act proposes a redress package where there has been clinical negligence in hospital. The redress package must include: an offer of compensation, explanation, apology and report of action to prevent similar occurrences. The redress package may include care or treatment. The package can be accepted with waiver of the right to sue, or rejected. The redress scheme is to be run by the NHS Litigation Authority
.
The proposed redress scheme is a consensual process, not a judicial process; redress is offered not awarded. Proceeding under the redress scheme is voluntary. Proceedings under the redress scheme and civil legal proceedings are mutually exclusive: they cannot be conducted at the same time. Legal rights are suspended but remain intact during the redress process when legal liability is assessed; legal liability is not adjudicated upon by the scheme’s procedure since it does is not a tribunal. Legal rights are only determined if any offer is made and accepted as part of a compromise agreement.
The Act is enabling legislation and the detail of its operation will be set out in regulation. However, indications of its likely operation may be gleaned from Parliamentary debate and in supporting documentation. For example, there are indications that: (1) the scheme proposes that any offer made will be without prejudice, so that if it is rejected it may not be taken as evidence of liability in any legal proceedings; (2) the upper limit for monetary compensation will be £20,000; (3) legal privilege will not be asserted in respect of the investigation report.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament
Parliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...
of the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
.
The title
Long title
The long title is the formal title appearing at the head of a statute or other legislative instrument...
of the Act establishes tort
Tort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
based liability
Legal liability
Legal liability is the legal bound obligation to pay debts.* In law a person is said to be legally liable when they are financially and legally responsible for something. Legal liability concerns both civil law and criminal law. See Strict liability. Under English law, with the passing of the Theft...
as the necessary condition for obtaining redress.
The Act is concerned exclusively with "qualifying liability in tort" and affirms Parliament
Parliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...
’s view that fault based liability should remain the basis of compensation for clinical mishaps.
The statute is important legislation since it potentially affects NHS hospital patients; the intention is to extend its operation to primary care
Primary care
Primary care is the term for the health services by providers who act as the principal point of consultation for patients within a health care system...
. The underlying policy of the Act is to provide a genuine alternative to litigation. The Act does not affect any private law rights. It is wholly concerned with the process of compensation; it does not alter the basis of compensation. It is procedural, not substantive.
The Act proposes a redress package where there has been clinical negligence in hospital. The redress package must include: an offer of compensation, explanation, apology and report of action to prevent similar occurrences. The redress package may include care or treatment. The package can be accepted with waiver of the right to sue, or rejected. The redress scheme is to be run by the NHS Litigation Authority
NHS Litigation Authority
The NHS Litigation Authority is a special health authority of the English National Health Service .It is responsible for handling negligence claims made against NHS bodies in England.In addition it:...
.
The proposed redress scheme is a consensual process, not a judicial process; redress is offered not awarded. Proceeding under the redress scheme is voluntary. Proceedings under the redress scheme and civil legal proceedings are mutually exclusive: they cannot be conducted at the same time. Legal rights are suspended but remain intact during the redress process when legal liability is assessed; legal liability is not adjudicated upon by the scheme’s procedure since it does is not a tribunal. Legal rights are only determined if any offer is made and accepted as part of a compromise agreement.
The Act is enabling legislation and the detail of its operation will be set out in regulation. However, indications of its likely operation may be gleaned from Parliamentary debate and in supporting documentation. For example, there are indications that: (1) the scheme proposes that any offer made will be without prejudice, so that if it is rejected it may not be taken as evidence of liability in any legal proceedings; (2) the upper limit for monetary compensation will be £20,000; (3) legal privilege will not be asserted in respect of the investigation report.