---

NHS Redress Bill [Lords]

The Bill deals with complaints of negligence where there is a liability in tort and when—as we hope—it is passed, secondary legislation will underpin it, setting out the structure under which we envisage that the scheme will operate. I feel strongly that a rethink is needed about how the NHS handles complaints in the round—not necessarily only complaints where there is a liability in tort. On Friday, I visited a trust that has adopted a much more interventionist approach, by engaging with the individual bringing the complaint to improve the patient experience and so that the trust can learn quickly what is not going right. In an era when there is more choice in the NHS, and patients can move around the system, the clever trusts are those that engage with complaints in that way. They are looking closely at the quality of the patient experience and using every bit of information they can get hold of to improve it. I very much go with the grain of what my right hon. Friend says. The scheme will facilitate a better culture, but I want to build on it, so that complaints are handled better. I was describing how we improved the Bill, and I was paying tribute to Opposition Members. I should particularly mention the hon. Member for Romsey (Sandra Gidley), who made some very helpful suggestions during the Bill’s passage through the House. To take one example of the improvements made, we included a measure that allowed investigation reports to be provided to individuals on request. It is partly on account of that amendment that I am surprised to be back discussing the Bill today; it does not appear to have been appreciated in the other place. Earl Howe spoke about the measure in the other place:"““What have we got? We have a scheme that will see a patient’s application for redress disappear into a closed process, one that is the very opposite of transparent. The patient has no idea whether the facts of his case have been looked at fairly or fully.””—[Official Report, House of Lords, 25 October 2006; Vol. 685, c. 1240.]" Earl Howe is a reasonable and fair-minded man, but on the basis of that comment, I am not sure that the import and effect of the amendments agreed to in the Commons were fully appreciated by their lordships. At the instigation of the hon. Member for Romsey, we made a concession and allowed full investigation reports to be made available to the individual, so it seems impossible that such comments can be made. We want a scheme that has transparency and accountability built into it, so today we have tabled an amendment that will further improve the accountability of the NHS redress scheme by allowing the naming of the responsible person who could be answerable if a further complaint was made to the health care ombudsman. They would have to be a person of experience and seniority, and that provision will further strengthen the scheme. Not a great deal separates the Government from the Opposition on the Bill, but our differences seem to come down to the issue of independence and independent investigation.