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1024861

registered interest
date	13/12/2018
answering body	Department of Health and Social Care
answering dept id	17
answering dept short name	Health and Social Care
answering dept sort name	Health and Social Care
hansard heading	NHS: Negligence
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government whether they have undertaken forward planning or modelling to estimate the cost of clinical negligence claims in the period to 2020–21.
tabling member printed	Lord Storey
uin	HL12302
answer	answer is ministerial correction date of answer 20/12/2018 answer text <p>NHS Resolution handles clinical negligence claims on behalf of National Health Service organisations and independent sector providers of NHS care in England.</p><p>NHS Resolution annually reviews and updates five-year forecasts for the cost of clinical negligence following an actuarial review of activity and key assumptions that underpin those costs, e.g. claims inflation, claims volumes. These key assumptions are published in the organisation’s Annual Report and Accounts. Clinical negligence costs relate to four indemnity schemes operated by NHS Resolution: Clinical Negligence Scheme for Trusts (CNST), which covers NHS providers of secondary health care, and the Existing Liabilities, Ex-Regional Health Authorities, and the Department of Health and Social Care’s Clinical schemes, all of which relate to legacy organisations.</p><p>The cost of clinical negligence claims covered by the figures in this response are damages, claimant legal costs, defence legal costs, and NHS Resolution’s administration costs. The costs reported here do not include costs incurred locally by NHS providers in dealing with claims, such as their own administration costs.</p><p>NHS Resolution’s Statement of Net Expenditure estimates costs of clinical negligence at £11.7 billion in its 2020-21 accounts. This the total of the two dimensions in relation to “costs” in the context of Government budgeting:</p><p>- Department Expenditure Limit costs – these are the costs of settling claims during the financial year and the administration of those claims. This is estimated to be £2.6 billion for 2020-21; and</p><p>- Annually Managed Expenditure costs – this is the change in the value of the liability arising from clinical negligence claims, both from those that have been received, and those that are expected to be received in relation to incidents up to 31 March 2021. This is estimated to be £9.1 billion for 2020-21.</p><p> </p><p>The costs for 2020-21 have been estimated on the basis of the current personal injury discount rate of minus 0.75%. However, once the Civil Liability Bill becomes law, the Lord Chancellor is expected to review the rate promptly. The figures provided here may therefore, change as a result. NHS Resolution will also review its five-year forecasts again following the production of its 2018-19 Annual Report and Accounts, and any changes in the underpinning actuarial assumptions are likely to result in revised projections. The figures quoted should therefore be considered as broad estimates based on the latest available information and subject to change in the future.</p><p>Notes:</p><p>The Department Expenditure Limit costs are lower than the £3.2 billion costs for CNST only reported by the National Audit Office in their report <em>Managing the costs of clinical negligence in trusts</em>, published in September 2017. The £3.2 billion represents the 2016 forecast for CNST based on a personal injury discount rate of 2.5%. Actuarial reviews of assumptions undertaken by NHS Resolution in 2017 and 2018 have resulted in favourable movements in key assumptions.</p><p>The figures provided do not include claims brought against general practitioners, who are covered by separate indemnity arrangements through medical defence organisations and for which data is not centrally available.</p> answering member printed Lord O'Shaughnessy question first answered 20/12/2018 12:30:07 answering member 4545 label Biography information for Lord O'Shaughnessy
tabling member	4238 label Biography information for Lord Storey

1024862

registered interest
date	13/12/2018
answering body	Cabinet Office
answering dept id	53
answering dept short name	Cabinet Office
answering dept sort name	Cabinet Office
hansard heading	Ministers: Speeches
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government what are the protocols governing the redaction of parts of ministerial speeches that appear on Government departments' websites.
tabling member printed	Lord Storey
uin	HL12303
answer	answer is ministerial correction date of answer 20/12/2018 answer text <p>Individual government organisations publish speeches to GOV.UK. The Government Digital Service, part of Cabinet Office provides guidance on how speeches should be presented. This guidance is published in content design guidance on GOV.UK (https://www.gov.uk/guidance/content-design/content-types#speech). GOV.UK supports both ‘draft text’ and ‘speaking notes’, neither of which are verbatim records of ministerial speeches.</p> answering member printed Lord Young of Cookham question first answered 20/12/2018 14:35:00 answering member 57 label Biography information for Lord Young of Cookham
tabling member	4238 label Biography information for Lord Storey

1023641

registered interest
date	11/12/2018
answering body	Department for Education
answering dept id	60
answering dept short name	Education
answering dept sort name	Education
hansard heading	Regional School Commissioners
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government whether they plan to make the work of Regional School Commissioners open to the public.
tabling member printed	Lord Storey
uin	HL12196
answer	answer is ministerial correction date of answer 18/12/2018 answer text <p>The work of Regional School Commissioners (RSCs) is open to the public.</p><p> </p><p>The RSCs decision-making framework, attached, is published online and can be found at:</p><p><a href="https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/577885/RSC_decision_making_framework_December_2016.pdf" target="_blank">https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/577885/RSC_decision_making_framework_December_2016.pdf</a>.</p><p>This framework describes their roles, responsibilities and parameters<em>.</em> It clarifies the core functions of RSCs and gives further detail on the decisions they might take in different scenarios.</p><p> </p><p>All decisions made by RSCs are made on the advice (and challenge) of headteacher boards (HTBs) at regular monthly meetings. During each HTB meeting, a meeting note of all the decisions is taken and later published on GOV.UK.</p><p> </p><p>Following my right hon. Friend, the Secretary of State’s undertaking at the last National Association of Head Teachers conference in May 2018, the Department for Education has implemented a number of HTB transparency measures. These measures include a restructuring of the HTB information content on GOV.UK so that information about these boards is more accessible and easier to find. This can be accessed at:</p><p><a href="https://www.gov.uk/government/collections/headteacher-boards" target="_blank">https://www.gov.uk/government/collections/headteacher-boards</a>.</p><p> </p><p>The department has also published a schedule of future HTB meeting dates and it is publishing draft agendas of these meetings. This will ensure that members of the public know in advance, when and what will be discussed at HTB meetings.</p><p> </p><p>The department has also published blank HTB meeting preparation templates. These give members of the public an idea of the types of data and information that feed into the decisions that RSCs make.</p><p> </p> answering member printed Lord Agnew of Oulton question first answered 18/12/2018 17:15:17 answering member 4689 label Biography information for Lord Agnew of Oulton attachment 1 file name HL12196_RSC_decision_making_framework_December_2016.pdf title HL12196_RSC_decision_making_framework
tabling member	4238 label Biography information for Lord Storey

1023642

registered interest
date	11/12/2018
answering body	Department for Education
answering dept id	60
answering dept short name	Education
answering dept sort name	Education
hansard heading	Academies
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government what support they give to "orphan" schools, pending their adoption by another academy sponsor; and how many of those schools are currently awaiting adoption.
tabling member printed	Lord Storey
uin	HL12197
answer	answer is ministerial correction date of answer 19/12/2018 answer text <p>When an academy transfers from one trust to another, it will receive support from either the preferred incoming trust or, where a new sponsor has yet to be identified, another expert provider. Regional Schools Commissioners are responsible for brokering this support, which could come from, for example, a teaching school or a National Leader of Education. Alongside this, grant funding may be available to support the transfer</p> answering member printed Lord Agnew of Oulton question first answered 19/12/2018 12:47:25 answering member 4689 label Biography information for Lord Agnew of Oulton
tabling member	4238 label Biography information for Lord Storey

1023643

registered interest
date	11/12/2018
answering body	Department for Education
answering dept id	60
answering dept short name	Education
answering dept sort name	Education
hansard heading	Academies
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government how many multi academy trusts have been obliged to give up some or all of their schools.
tabling member printed	Lord Storey
uin	HL12198
answer	answer is ministerial correction date of answer 19/12/2018 answer text <p>In the financial year 2017-18, 255 academies moved trust. Of these, 62 (24%) were due to intervention.</p><p>A trust transfer may be initiated by the department because of concerns about the academy or the academy trust responsible for it, for example: performance, finance, leadership and governance or safeguarding.</p> answering member printed Lord Agnew of Oulton question first answered 19/12/2018 12:47:39 answering member 4689 label Biography information for Lord Agnew of Oulton
tabling member	4238 label Biography information for Lord Storey

1023644

registered interest
date	11/12/2018
answering body	Department for Education
answering dept id	60
answering dept short name	Education
answering dept sort name	Education
hansard heading	Academies
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government what is the difference in their definition of (1) a Free School, and (2) an Academy School.
tabling member printed	Lord Storey
uin	HL12199
answer	answer is ministerial correction date of answer 19/12/2018 answer text <p>An academy is a school or educational institution run by an academy trust that has a funding agreement with my right hon. Friend the Secretary of State. They are established and run in accordance with the Academies Act 2010. All free schools are academies.</p><p> </p><p>All free schools are new institutions. In 2010, the government established the free schools programme where proposers apply directly to the department to open a new academy known as a free school. In addition, Section 6A of the Education and Inspections Act 2006 requires that, where a local authority thinks there is a need for a new school in its area, it must seek proposals to establish an academy. Since 2015, schools opening through this process have also been called free schools.</p> answering member printed Lord Agnew of Oulton question first answered 19/12/2018 12:49:04 answering member 4689 label Biography information for Lord Agnew of Oulton
tabling member	4238 label Biography information for Lord Storey

1020566

registered interest
date	06/12/2018
answering body	Department of Health and Social Care
answering dept id	17
answering dept short name	Health and Social Care
answering dept sort name	Health and Social Care
hansard heading	NHS: Negligence
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government what proportion of clinical negligence cases result in a legal action being (1) issued, and (2) decided by the courts; and, in the cases decided by a court, in what proportion the claimant fully, or partially, succeeds.
tabling member printed	Lord Storey
uin	HL12113
answer	answer is ministerial correction date of answer 19/12/2018 answer text <p>NHS Resolution handles clinical negligence claims on behalf of National Health Service organisations and independent sector providers of NHS care in England.</p><p>NHS Resolution has provided the following information which is based on information for clinical negligence cases resolved in 2017-18.</p><p>Of the 11,896 clinical negligence cases that were resolved in 2017-18:</p><p> </p><p>- 3,845 (32.4%) had proceedings issued;</p><p>- 76 of the 3,845 cases went to trial (representing around 2% of those clinical negligence cases where proceedings had been issued); and</p><p>- 28 of the 76 cases that went to trial in 2017-18 resulted in the claimant being successful (i.e. the claimant was awarded damages in 37% of cases).</p><p> </p><p>Notes:</p><p>- Proceedings may need to be issued in claims where there are no substantive issues in dispute but the court’s approval of the settlement is required (for cases where the claimant lacks capacity – e.g. minors).</p><p>- A claim is defined as successful where the claimant is awarded damages.</p><p> </p><p>NHS Resolution is unable to report on whether or not a claimant is partially successful – a claim is either successful or not. It should be noted that, in most cases, the claimant does not receive everything that was claimed for given the nature of clinical negligence litigation. The extent to which the final award is a departure from what was claimed for depends on an array of factors that impact on each party’s view of the risks inherent in pursuing the issue(s) to trial.</p> answering member printed Lord O'Shaughnessy question first answered 19/12/2018 12:41:27 answering member 4545 label Biography information for Lord O'Shaughnessy
tabling member	4238 label Biography information for Lord Storey

1020567

registered interest
date	06/12/2018
answering body	Department for Digital, Culture, Media and Sport
answering dept id	10
answering dept short name	Digital, Culture, Media and Sport
answering dept sort name	Digital, Culture, Media and Sport
hansard heading	Gambling: Children
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government what support is available to young people under the age of 18 for gambling addiction from (1) the NHS, (2) educational services, and (3) other public service providers.
tabling member printed	Lord Storey
uin	HL12114
answer	answer is ministerial correction date of answer 19/12/2018 answer text <p>Children whose gambling is associated with other addictions or mental health issues can access treatment for those conditions in NHS primary and secondary care. In addition, dedicated treatment for gambling disorders is commissioned by the charity GambleAware. This includes the National Gambling Helpline and a national network of treatment services which are accessible across Great Britain. Most people accessing services are over 18 but they are available to people of any age, including young people. GambleAware also funds the NHS National Problem Gambling Clinic, with a second clinic due to open in Leeds in April 2019.</p><p> </p><p>GambleAware’s delivery plan for 2018-20 aligns with strategic priorities set by the regulator, the Gambling Commission, and its expert advisors on research, education and treatment, the Responsible Gambling Strategy Board (RGSB). The delivery plan includes developing and promoting a ‘knowledge hub’ of resources and guidance for teachers and those who work with young people, as well as working with agencies that support young people’s mental health and supporting parents to have conversations with children.</p><p> </p><p>Schools are expected to promote the spiritual, moral, social and cultural development of pupils and some teach about gambling and addiction as part of their Personal, Social, Health and Economic (PSHE) education. The non-statutory PSHE programme of study, published by the PSHE Association, includes teaching about gambling (including online) and its psychological and financial impact.</p><p> </p><p>The Department for Education’s consultation on Relationships, Sex and Health Education, including draft content on online behaviour and mental wellbeing, closed on 7 November. The Department is currently analysing responses to the consultation before finalising regulations and guidance.</p><p><strong> </strong></p><p><strong> </strong></p> answering member printed Lord Ashton of Hyde question first answered 19/12/2018 16:47:41 answering member 4247 label Biography information for Lord Ashton of Hyde
tabling member	4238 label Biography information for Lord Storey

1020308

registered interest
date	05/12/2018
answering body	Department for Digital, Culture, Media and Sport
answering dept id	10
answering dept short name	Digital, Culture, Media and Sport
answering dept sort name	Digital, Culture, Media and Sport
hansard heading	Television: Children
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government what plans they have to develop a system of parental guidance for television dramas and films broadcast after the 9pm watershed.
tabling member printed	Lord Storey
uin	HL12090
answer	answer is ministerial correction date of answer 19/12/2018 answer text <p>Ofcom, the independent broadcast regulator, takes the protection of children and young people very seriously. Ofcom’s Broadcasting Code contains stringent rules to ensure that under eighteens are effectively protected from harm.</p><p> </p><p>The Broadcasting Code and guidance advises broadcasters to various ways they can warn audiences about graphic content or content likely to offend. In addition, there are a range of audience protection tools, including programme scheduling information, mandatory PIN protections, as well as the 9pm watershed, that parents and guardians can use to ensure that children are protected from broadcast content that is unsuitable for them.</p><p> </p><p>The watershed is an effective way to protect children from unsuitable content. A recent Ofcom survey found that 60% of parents think 9pm is the right time for adult content to be shown on television and that 89% of people understand what the watershed is. However, protections do not cease at 9pm. The transition to more adult material must not be unduly abrupt and the strongest material should appear later in the evening.</p><p><strong> </strong></p><p><strong> </strong></p> answering member printed Lord Ashton of Hyde question first answered 19/12/2018 16:46:28 answering member 4247 label Biography information for Lord Ashton of Hyde
tabling member	4238 label Biography information for Lord Storey

1020309

registered interest
date	05/12/2018
answering body	Department of Health and Social Care
answering dept id	17
answering dept short name	Health and Social Care
answering dept sort name	Health and Social Care
hansard heading	NHS: Negligence
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government, further to the Written Answer by Lord O'Shaughnessy on 5 November (HL10962), whether the figures for the total government spend on clinical negligence in 2016–17 and 2018–19 include legal costs.
tabling member printed	Lord Storey
uin	HL12091
answer	answer is ministerial correction date of answer 13/12/2018 answer text <p>NHS Resolution handles clinical negligence claims on behalf of National Health Service organisations and independent sector providers of NHS care in England.</p><p>As stated in my answer of 5 November, the total Government spend on clinical negligence was £1.7 billion in the financial year 2016-17 and £2.2 billion in the financial year 2017-18. These figures did include legal costs and NHS Resolution has provided the following information about legal costs in these two financial years.</p><p>Legal costs for 2016-17 were:</p><p>- Claimant costs: £498 million</p><p>- Defence costs: £126 million</p><p>Legal costs for 2017-18 were:</p><p>- Claimant costs: £467 million</p><p>- Defence costs: £129 million</p><p>Note:</p><p>Claimant costs are legal costs incurred by the claimant in bringing a claim for compensation.</p><p>Defence costs are legal costs incurred by NHS Resolution in dealing with the claim received.</p> answering member printed Lord O'Shaughnessy question first answered 13/12/2018 14:58:28 answering member 4545 label Biography information for Lord O'Shaughnessy
tabling member	4238 label Biography information for Lord Storey