What is the NHS Redress Scheme?

The NHS Redress Scheme, also known as the “Putting Things Right” Scheme, was introduced in 2011 and provides guidance on dealing with concerns about the NHS in Wales. It provides patients with the opportunity to receive an apology and financial award up to the value of £25,000.

How do you raise a concern?

Firstly, you must make the Health Board aware that you wish to raise a concern. This can be done either in writing, electronically or verbally, and you do not need to be the person who has received the treatment.
Under the scheme, a concern should be notified no later than 12 months from:

• The date on which the concern occurred, or
• If later, 12 months from the date the person raising the concern realised they had a concern.

What happens next?

Once an investigation has been conducted by the Health Board, they will provide a letter of response in which they will set out whether a “qualifying liability” exists.
A qualifying liability is a two-stage test where you need to establish:

1. Breach of duty: that the standard of care fell below the reasonable and accepted standard, and,
2. Causation: that the harm was directly caused, or contributed to, by the breach of duty.

What forms of Redress can be offered if a qualifying liability is found?

1. a written apology,
2. a report on the action which has, or will be, taken to prevent similar concerns arising,
3. an offer of financial compensation up to £25,000,
4. an offer of treatment or rehabilitation.

Are there time limits?

Generally, there is a three-year limitation period in which to bring a medical negligence claim. If, under the NHS Redress Scheme, the Health Board identify that a qualifying liability exists, or may exist, limitation will be paused from the date the complaint was acknowledged.

How can Geldards help me?

We are proud to be one of the recognised firms who can offer free legal advice if the Health Board conclude that a qualifying liability exists.
We offer a free initial consultation and would be happy to advise you on whether you are best suited to pursuing a civil claim or a claim under the NHS Redress Scheme.
You can call us on 02920 391773 or contact Linda Williams at linda.williams@geldards.com.