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Governance

Our role

NHS Resolution (the operating name of the NHS Litigation Authority) plays an important role in the health care system by administering on behalf of the Secretary of State for Health the NHS indemnity (the Schemes), established under s.71 of the National Health Service Act 2006 and associated regulations. This enables the Secretary of State for Health and Social Care to set up schemes to help the NHS and providers of NHS care to pool the costs of any “expenses arising from any loss of or damage to their property, and liabilities to third parties for loss, damage or injury arising out of the functions of the bodies concerned”.

NHS Resolution also undertakes other activities in order to promote the highest possible standards of patient care and reduce the risk to staff and other third parties visiting Scheme members’ property. NHS Resolution also undertakes other activities through the Practitioner Performance Advice service (formerly the National Clinical Assessment Service) which is an advisory service to support the resolution of concerns about the professional practice of doctors, dentists and pharmacists. Practitioner Performance Advice provides expert advice, support and assessment interventions and training.

In addition, NHS Resolution through the Primary Care Appeals service (formerly the Family Health Services Appeal Unit) is responsible for ensuring a prompt and fair resolution of appeals and disputes between primary care contractors and NHS England. Primary care contractors include GPs, dentists, opticians and pharmacists. Primary Care Appeals also maintains a database of primary care contractors who have had restrictions placed upon their inclusion on Performers Lists and has a responsibility for providing information to NHS England on checks made against the restrictions database.

Our remit

NHS Resolution was established by Order of the Secretary of State in October 1995 as a Special Health Authority. As a Special Health Authority, NHS Resolution is an arm’s length body of the Department of Health and Social Care which is an independent body, but can be subject to ministerial direction.

Our functions are set out in the National Health Service Litigation Authority (Functions) Directions 1995 and as subsequently amended.

NHS Litigation Authority Establishment Legislation

NHS Litigation Authority Framework Agreement 2013

NHS Litigation Authority National Clinical Assessment Service (NCAS) Directions

NHS Litigation Authority Framework Agreement: Annex A – Wider Guidance 2013

NHS Litigation Authority Framework Agreement: Annex B – Finance 2013

NHS Litigation Authority Framework Agreement: Annex C – Communications 2013

NHS Litigation Authority Framework Agreement: Annex D – Relationships with other bodies 2013

NHS Litigation Authority Framework Agreement: Annex E – Protocol for public and parliamentary accountability

 

 

 

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