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by Munro Research

Health Service Safety Investigations Bill [HL]


Official Summary

A Bill to establish the Health Service Safety Investigations Body and to confer the function of carrying out investigations and other functions on that body; to make provision in connection with investigations carried out by that body; to make provision about medical examiners; and for connected purposes

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Overview

This bill establishes a new independent body, the Health Service Safety Investigations Body (HSSIB), to investigate incidents in the NHS in England. Its primary goal is to identify and address risks to patient safety by improving systems and practices, not to assign blame or determine liability.

Description

The HSSIB will investigate "qualifying incidents" – those with potential safety implications for patients – occurring during the provision of NHS services or at NHS premises. Investigations will focus on system failures rather than individual blame. The HSSIB will publish criteria for investigations, principles, processes, and reports including recommendations for improvement. The body will have powers to enter premises, inspect documents and equipment, and require information from individuals. Strict rules around the disclosure of information gathered during investigations are in place, with exceptions for addressing serious risks to safety, court orders, and disclosures to coroners. Reports will be published, and those potentially affected have the right to comment on drafts. The Bill also makes provisions for the appointment of medical examiners and amends existing legislation to reflect the HSSIB's establishment.

Key Powers of the HSSIB:
  • Investigate qualifying incidents in NHS services
  • Enter and inspect premises (excluding private dwellings)
  • Seize documents and equipment
  • Require individuals to provide information
  • Publish reports with recommendations
Data Protection:

The Bill ensures the HSSIB's actions comply with data protection legislation.

Government Spending

The bill does not specify exact figures for government spending. However, it will necessitate funding for the HSSIB's establishment and operation, including staffing, resources, and operational costs. The Secretary of State will be responsible for making payments to the HSSIB from money provided by Parliament.

Groups Affected

  • NHS Trusts and other providers: Subject to investigations and required to cooperate with the HSSIB.
  • Patients and their families: May be involved in investigations and will benefit from improved patient safety.
  • NHS staff: May be interviewed during investigations, but will not be subject to blame or liability assessments by the HSSIB.
  • Regulatory bodies: Will need to coordinate with the HSSIB where appropriate.
  • Coroners: Can request information from the HSSIB.
  • Government Departments: Subject to the HSSIB's investigative powers, with exceptions for national security concerns.
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