NHS Redress Bill [HL]

My Lords, in Committee, as the noble Earl, Lord Howe, has said, a number of noble Lords raised concerns that lessons learnt under the scheme were not to be made public. The redress scheme has a number of aims, among them the desire to create a cultural shift within the NHS towards a greater willingness to learn from mistakes and to improve the quality of service offered to patients in the future. Throughout consideration of this Bill, there has been no difference between any of us regarding that purpose. Clause 10(2)(h) enables the scheme to impose a new duty on scheme members, to charge,"““a specified person with responsibility for overseeing the carrying out of””," the scheme by the scheme member and,"““advising the member about lessons to be learnt from cases involving the member that are dealt with under the scheme””." However, we have listened to the concerns of the noble Lords about demonstrating a more public commitment to ensuring that lessons have been learnt and acted upon. Amendment No. 36 enables the scheme to require scheme members"““to prepare and publish an annual report about . . . cases””," involving the member that are dealt with under the scheme,"““and the lessons to be learnt from them””." The annual report is intended to demonstrate to patients within a scheme member’s locality that lessons are being learnt from the redress scheme and that the scheme is being used effectively to improve local delivery of services. Guidance on best practice will set out how best to ensure patient and clinician anonymity when preparing and publishing these reports. To support the close links between the NHS complaints procedure and the redress scheme, it will be open to scheme members to combine the annual report on the redress scheme with their annual report on complaints. Amendment No. 37 would provide that the annual report must also include details of the nature and incorporation of the lessons learnt. I believe that the drafting of Amendment No. 36 makes it clear that the nature of the lessons learnt is to be covered. This aspect of Amendment No. 37 is unnecessary. Similarly, it is not necessary to stipulate that the report must detail how lessons learnt have been incorporated. This is implied by the duty. This amendment would introduce too much detail into the Bill, as it seeks to cover areas best dealt with as good practice guidance. Provision is already in place to ensure that learning from mistakes is taken forward and incorporated. The Bill already provides, at Clause 10(2)(h), for the appointment of a person with responsibility for ensuring learning from mistakes within the organisation. This person’s responsibility will be to ensure that lessons learnt are incorporated and that a culture of learning is established within the organisation concerned. I support Amendment No. 36 and suggest that Amendment No. 37 be withdrawn.