The NHS Redress Act 2006 (c 44) is an Act of the

Parliament of the United Kingdom The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprema ...

. The

title A title is one or more words used before or after a person's name, in certain contexts. It may signify either generation, an official position, or a professional or academic qualification. In some languages, titles may be inserted between the f ...

of the Act establishes

tort A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable ...

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 Primary care is the day-to-day healthcare given by a health care provider. Typically this provider acts as the first contact and principal point of continuing care for patients within a healthcare system, and coordinates other specialist care t ...

. 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 a report of action to prevent similar occurrences. The redress package may include care or treatment. The package can be accepted with a waiver of the right to sue, or rejected. The redress scheme is to be run by the

NHS Litigation Authority NHS Resolution, the operating name of NHS Litigation Authority, is an arm's length body of the Department of Health and Social Care. It changed its name in April 2017. The organisation's purpose is to provide expertise to the NHS on resolving c ...

. 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 an 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.See for example the Explanatory Notes accompanying the Bill, the Explanatory Notes accompanying the Act, and the Full Regulatory Impact Assessment documents accompanying the Bill. 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.

References

*Clinical Negligence, edited by Powers Harris Barton, fourth edition 2008, Tottel Publishing; {{DEFAULTSORT:Nhs Redress Act 2006 United Kingdom Acts of Parliament 2006 NHS legislation