NHS Resolution

NHS Resolution, the operating name of NHS Litigation Authority, is an arm's length body of the Department of Health. It changed its name in April 2017.

The organisation's purpose is to provide expertise to the NHS on resolving concerns fairly, share learning for improvement and preserve resources for patient care.

The main bulk of NHS Resolution's workload is handling negligence claims on behalf of the members of the indemnity schemes: NHS organisations and independent sector providers of NHS care in England.

The four clinical schemes they manage are:

Clinical Negligence Scheme for Trusts (CNST), which covers clinical negligence claims for incidents occurring after 1 April 1995

Existing Liabilities Scheme (ELS) is centrally funded by the Department of Health and covers clinical negligence claims against NHS organisations for incidents occurring before 1 April 1995

Ex-RHA Scheme (Ex-RHAS) is a relatively small scheme, centrally funded by the Department of Health, covering clinical negligence claims against former Regional Health Authorities abolished in 1996

DH clinical covers clinical negligence liabilities that have transferred to Department of Health following the abolition of any relevant health bodies

NHS Resolution also manages two non-clinical schemes under the heading of the Risk Pooling Schemes for Trusts (RPST):

Property Expenses Scheme (PES) which covers 'first party' losses as property damage and theft, for incidents on or after 1 April 1999

Liabilities to Third Parties Scheme (LTPS) which covers non-clinical claims such as public and employers' liability

In addition the one other non clinical scheme is DH non-clinical which covered non-clinical liabilities that have transferred to the Department of Health following the abolition of any relevant health bodies

In addition it:

In 2004-5 the authority dealt with 5,609 claims of clinical negligence and 3,766 of non-clinical negligence. About 38% of claims are abandoned by the claimant, and about 43% are settled out of court. In 2004-5 £502.9 million was paid out in respect of clinical negligence claims, and £25.1 million in respect of non-clinical negligence. By 2015/6 payments (which include defence and claimants' legal costs) had risen to more than £1.4 billion, although new claims in that year fell by 4.6%. It often takes several years to resolve claims. Claims may be submitted many years after the event. The biggest element of compensation is the cost of caring for children who suffer brain injury at birth. There is no time limit on these claims.

It runs the clinical negligence scheme for trusts. All NHS trusts in England are members of the scheme. They paid £968m in contributions in 2013-14 an increase of 38% since 2009. In principle trusts can insure themselves in the commercial market, but none have yet done so, possibly because leaving the scheme would crystallise their outstanding liabilities. The authority altered the scheme in 2014 to give greater weight to trusts claims history when setting contributions.

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