Asked by: Lord Kamall (Conservative - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government what assessment they have made of proposals to repeal section 4(2) of the Law Reform (Personal Injuries) Act 1948, and whether they plan to review how courts should take account of NHS-provided care when awarding damages in clinical negligence cases.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
The rising costs of clinical negligence claims against the National Health Service in England are of great concern to the Government. Costs have more than doubled in the last 10 years and are forecast to continue rising, putting further pressure on NHS finances.
As announced in the 10-Year Health Plan for England, David Lock KC is providing expert policy advice on the rising legal costs of clinical negligence and how we can improve patients’ experience of claims. The review is ongoing, following initial advice to ministers and the recent National Audit Office’s (NAO) report, The costs of clinical negligence, which was published on 17 October 2025.
The NAO found that in 2024/25, there was a 3.7 to one ratio of legal costs to damages payable for low-value claims, those of £25,000 or less. The report can be viewed on the NAO’s website.
We welcome the report by the NAO. The results of David Lock’s work will inform future policy making in this area. No decisions on policy have been taken at this point, and the Government will provide an update on the work done and next steps in due course.
Asked by: Lord Kamall (Conservative - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government what consideration they have given to implementing a fixed recoverable costs regime for clinical negligence claims valued up to £25,000, in the light of previous consultations on this proposal; and what assessment they have made of the potential costs to the taxpayer.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
The rising costs of clinical negligence claims against the National Health Service in England are of great concern to the Government. Costs have more than doubled in the last 10 years and are forecast to continue rising, putting further pressure on NHS finances.
As announced in the 10-Year Health Plan for England, David Lock KC is providing expert policy advice on the rising legal costs of clinical negligence and how we can improve patients’ experience of claims. The review is ongoing, following initial advice to ministers and the recent National Audit Office’s (NAO) report, The costs of clinical negligence, which was published on 17 October 2025.
The NAO found that in 2024/25, there was a 3.7 to one ratio of legal costs to damages payable for low-value claims, those of £25,000 or less. The report can be viewed on the NAO’s website.
We welcome the report by the NAO. The results of David Lock’s work will inform future policy making in this area. No decisions on policy have been taken at this point, and the Government will provide an update on the work done and next steps in due course.
Asked by: Lord Kamall (Conservative - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government what assessment they have made of the current cost pressures in clinical negligence claims valued up to £25,000, and what plans they have for further engagement with the Civil Procedure Rule Committee on options to manage these pressures.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
The rising costs of clinical negligence claims against the National Health Service in England are of great concern to the Government. Costs have more than doubled in the last 10 years and are forecast to continue rising, putting further pressure on NHS finances.
As announced in the 10-Year Health Plan for England, David Lock KC is providing expert policy advice on the rising legal costs of clinical negligence and how we can improve patients’ experience of claims. The review is ongoing, following initial advice to ministers and the recent National Audit Office’s (NAO) report, The costs of clinical negligence, which was published on 17 October 2025.
The NAO found that in 2024/25, there was a 3.7 to one ratio of legal costs to damages payable for low-value claims, those of £25,000 or less. The report can be viewed on the NAO’s website.
We welcome the report by the NAO. The results of David Lock’s work will inform future policy making in this area. No decisions on policy have been taken at this point, and the Government will provide an update on the work done and next steps in due course.
Asked by: Baroness Shawcross-Wolfson (Conservative - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government, further to the Written Answer by Baroness Merron on 27 November (HL11874), whether the forthcoming 10 Year Workforce Plan will set out specific forecasts for the number of staff the NHS needs over those 10 years; whether they will publish the assumptions used to produce that plan; and whether the National Audit Office will make an assessment of that plan.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
The 10 Year Workforce Plan will ensure the National Health Service has the right people in the right places, with the right skills to care for patients, when they need it. It will include modelling of the potential size and shape of the future workforce and implications for major professions.
The updated workforce modelling, and its underlying assumptions, will be set out in and alongside the plan when published in spring 2026. It will be supported by external independent scrutiny. A decision on whether the National Audit Office will be asked to make an assessment of the plan has not yet been made.
Asked by: Lord Kamall (Conservative - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government, further to the Written Answer by Baroness Merron on 18 November (HL11736), whether they plan to provide no budget to enact recommendations from the Clinical Priorities Advisory Group until after the merger of NHS England with the Department of Health and Social Care.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
The Department recognises the important role that NHS England’s clinical policy development process plays in determining routine commissioning decisions on new specialised services, treatments, and interventions, which have not been reviewed by the National Institute for Health and Care Excellence.
We are carefully assessing NHS England’s functions as part of the process of merging NHS England with the Department. The outcome of these ongoing assessments will be made at the earliest opportunity, and we remain committed to progressing this reform at pace, subject to legislation and the will of Parliament.
Until such a time that NHS England is being abolished, Clinical Priorities Advisory Group recommendations are being enacted under the current rules and criteria.
Asked by: Lord Weir of Ballyholme (Democratic Unionist Party - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government why they removed the dementia diagnosis rate target from the NHS operational planning guidance for 2025-26.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
The Darzi investigation found that there were too many targets set for the National Health Service which made it hard for local systems to prioritise their actions or to be held properly to account. 2025/26 planning guidance reduced the number of national targets from 32 the year before down to 18. This was an important step in moving decision making closer to local leaders, letting them decide how to use local funding to best meet the needs of their local population.
NHS planning guidance is not an exhaustive list of everything the NHS does, and the absence of a target does not necessarily mean it isn’t an area of focus. We remain committed to recovering the dementia diagnosis rate to the national ambition of 66.7%. The estimated Dementia Diagnosis Rate for patients aged 65 years old and over at the end of October 2025 was 66.5%. The rate is an increase of 0.2% compared to 66.3% in September 2025. This is an overall increase from March 2020 due to sustained recovery efforts.
We will deliver the first ever Frailty and Dementia Modern Service Framework to bring about rapid and significant improvements in the quality of care. This will be informed by phase one of the independent commission into adult social care, which is expected in 2026.
The Frailty and Dementia Modern Service Framework will seek to reduce unwarranted variation and narrow inequality for those living with dementia, set national standards for dementia care, and will redirect NHS priorities to provide the best possible care and support.
Asked by: Lord Weir of Ballyholme (Democratic Unionist Party - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government what plans they have to introduce additional new targets for prevention and treatment of dementia.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
We will deliver the first ever modern service framework for frailty and dementia to deliver rapid and significant improvements in quality of care and productivity. This will be informed by phase one of the independent commission into adult social care, expected in 2026.
The Frailty and Dementia Modern Service Framework will seek to reduce unwarranted variation and narrow inequality for those living with dementia and will set national standards for dementia care and redirect National Health Service priorities to provide the best possible care and support.
In developing the modern service framework for frailty and dementia, we are engaging with a wide group of partners to understand what should be included to ensure the best outcomes for people living with dementia. As part of this exercise, we will consider what interventions should be supported to improve diagnosis waiting times, which we know are too long in many areas. We are considering all options to help with the prevention and treatment of dementia, including reviewing metrics and targets.
Asked by: Baroness Griffin of Princethorpe (Labour - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government what steps they are taking to improve access to community equipment for disabled people throughout the UK.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
Integrated community equipment services are critical to the provision of health and social care, supporting people in their homes, preventing avoidable admissions, and reducing delayed discharges.
Under various legislations, including the Care Act 2014, and the Children and Families Act 2014, local authorities have a statutory duty to ensure provision of disability aids and community equipment, to meet the assessed eligible needs of individuals who are resident in their area.
Local authorities should develop and maintain contingency plans in case of service disruption, working with local partners including integrated care boards.
Asked by: Lord Kamall (Conservative - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government what consultation has taken place with Cancer Alliances about the future of the Genomic Medicine Service.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
Information regarding the draft NHS Genomic Medicine Service (NHS GMS) specification was shared with the Cancer Alliances as part of stakeholder engagement conversations held during summer 2025. The NHS GMS regions are expected to have ongoing engagement with local Cancer Alliances as part of NHS GMS service development and strategy and as part of regional governance requirements.
Asked by: Lord Hain (Labour - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government how many imprisoned Palestine Action protestors have received hospital treatment while on hunger strike.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
The information requested is not held centrally. All prison healthcare providers are commissioned by NHS England and contracted to use National Institute for Health and Care Excellence guidelines and have pathways of care in place for food and fluid refusers. If a person requires hospital care this will also be available and facilitated.