NHS Redress Bill [HL]

My Lords, as I understand Amendment No. 27, it would place explicitly in the Bill the need for settlement agreements in respect of a child or incapacitated adult to be subject to the approval of a court of law. We believe that the amendments are unnecessary. Clause 6(2)(e) enables the scheme to make provision for settlement agreements under the scheme to be subject in cases of a specified description to approval by record. I reiterate what I said in Committee: it is our firm, stated intention that the scheme will specify that awards made to children and incapacitated adults will require approval by record to ensure that accepting the offer is in the patient’s best interests. We agree on that point with the noble Earl, but the amendment would remove the flexibility for the scheme to adapt to ensure that settlement agreements made in other circumstances could be made subject to court approval, should that be necessary in future, following further consultation with stakeholders. We do not object to the principle of cases relating to children and mentally incapacitated adults being subject to the approval of the court. We believe that the amendment would restrict the ability to send other types of cases to the courts, where that was deemed appropriate.