Asked by: Lord Scriven (Liberal Democrat - 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 16 June (HL696), why internal departmental governance and audit systems failed to detect that the National Data Integration Tenant Data Protection Impact Assessment inaccurately described Palantir's data access permissions for over two years, until the discrepancy was raised by external campaigns.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
The NHS Federated Data Platform (NHS FDP) safely connects information from different systems across the National Health Service into a single, secure environment. This allows staff to co-ordinate care better to improve outcomes for patients.
The NHS FDP is delivering for the National Health Service, helping people get the care they need quicker and more efficiently. Since March 2024, more than 100,000 additional patients have been supported to undergo procedures in theatres partly by increasing theatre utilisation. Nearly 94,000 people have been supported on their cancer journey, with 7% seeing a reduction in the time it took to diagnose their cancer. There has been a 14% decrease in delays discharging patients staying in hospital for more than seven days, freeing up beds for those who need them most. NHS England publishes quarterly information on benefits realised from the FDP, which is available on the NHS website in an online-only format.
The NHS FDP, including the National Data Integration Tenant (NDIT), is subject to robust governance, audit and assurance arrangements, including Data Protection Impact Assessments (DPIA), contractual controls and ongoing monitoring.
Following engagement with the National Data Guardian, NHS England identified that aspects of the published DPIA did not accurately describe certain limited access arrangements.
The NDIT DPIA, published in August 2025, described access arrangements at a high level and used wording that was not sufficiently explicit about the involvement of authorised supplier personnel.
Internal governance and audit processes, while effective in overseeing how access was controlled, approved and monitored, did not identify this because the underlying access arrangements were already subject to established controls, approvals and audit. The issue therefore related to the clarity and completeness of published wording, rather than any change in access, a control weakness, or non‑compliance with those safeguards.
The underlying technical and contractual controls on supplier access have remained consistent. NHS England is the data controller for the NHS FDP at the national level, and suppliers act only as processors under NHS instruction. They do not control the data and are not permitted to access, use or share it for their own purposes. Access is tightly governed, role‑based and fully audited.
DPIAs and associated materials are kept under regular review and updated where appropriate. NHS England has established governance and oversight arrangements, including internal assurance and external scrutiny, to ensure data is handled lawfully, securely and transparently.
Asked by: Lord Scriven (Liberal Democrat - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government, in light of the report from the National Confidential Enquiry into Patient Outcome and Death Learning together, published on 11 June, what directions they plan to give to integrated care boards under the medium-term planning framework to ensure the equitable commissioning of hospital-based learning disability liaison nurses and multi-disciplinary community in-reach services across all acute hospital trusts.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
We welcome the National Confidential Enquiry into Patient Outcome and Death’s Learning Together, A review of the quality of care provided to adults with a learning disability when admitted to hospital acutely unwell report and we are committed to improving the health outcomes of people with a learning disability.
The Government’s approach, as set out in the 10-Year Health Plan, is to ensure a clear national framework for the National Health Service while empowering local systems to design and deliver services that best meet the needs of their populations. Within this approach, integrated care boards act as strategic commissioners to ensure care better meets patients’ needs at a local level. Decisions about the design of services are matters for independent NHS employing organisations, who manage service delivery at a local level, ensuring they have the right number of staff in place, with the right skill mix, to deliver safe and effective care, based on population need. This includes investing in the future of their workforce and ensuring appropriate ongoing training and continuing professional development so that they can continue to provide safe and effective care.
We recognise the value of involving patients and family carers in decisions about the care of people with a learning disability. The NHS England website has information to support services, including acute trusts, with involving family carers of people with a learning disability and autistic people.
There are currently no plans to establish senior learning disability consultant roles based on the model in the Netherlands. NHS England published guidance in 2023, updated in 2025, to support frontline staff in acute hospitals caring for people with a learning disability and autistic people.
Under the Reasonable Adjustment Digital Flag Information Standard 2025, all publicly funded health and social care service providers must be able to share, read, and write reasonable adjustment data by 30 September 2026. The Information Standard is mandated across all publicly funded health and social care providers, commissioners, and IT suppliers. As a mandatory information standard, compliance is supported through contractual and regulatory mechanisms.
Asked by: Lord Scriven (Liberal Democrat - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government how the findings of the report from the National Confidential Enquiry into Patient Outcome and Death Learning together, published on 11 June, will impact NHS England’s enforcement of the updated reasonable adjustment digital flag information standard; and whether the compliance deadline of 30 September 2026 will be accompanied by financial or regulatory sanctions for non-compliant NHS trusts.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
We welcome the National Confidential Enquiry into Patient Outcome and Death’s Learning Together, A review of the quality of care provided to adults with a learning disability when admitted to hospital acutely unwell report and we are committed to improving the health outcomes of people with a learning disability.
The Government’s approach, as set out in the 10-Year Health Plan, is to ensure a clear national framework for the National Health Service while empowering local systems to design and deliver services that best meet the needs of their populations. Within this approach, integrated care boards act as strategic commissioners to ensure care better meets patients’ needs at a local level. Decisions about the design of services are matters for independent NHS employing organisations, who manage service delivery at a local level, ensuring they have the right number of staff in place, with the right skill mix, to deliver safe and effective care, based on population need. This includes investing in the future of their workforce and ensuring appropriate ongoing training and continuing professional development so that they can continue to provide safe and effective care.
We recognise the value of involving patients and family carers in decisions about the care of people with a learning disability. The NHS England website has information to support services, including acute trusts, with involving family carers of people with a learning disability and autistic people.
There are currently no plans to establish senior learning disability consultant roles based on the model in the Netherlands. NHS England published guidance in 2023, updated in 2025, to support frontline staff in acute hospitals caring for people with a learning disability and autistic people.
Under the Reasonable Adjustment Digital Flag Information Standard 2025, all publicly funded health and social care service providers must be able to share, read, and write reasonable adjustment data by 30 September 2026. The Information Standard is mandated across all publicly funded health and social care providers, commissioners, and IT suppliers. As a mandatory information standard, compliance is supported through contractual and regulatory mechanisms.
Asked by: Lord Scriven (Liberal Democrat - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government, in light of the report from the National Confidential Enquiry into Patient Outcome and Death Learning together, published on 11 June, whether they have any plans to introduce statutory mechanisms to monitor whether acute trusts are consistently involving family carers and utilising dedicated communication toolkits, from the point of admission to discharge.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
We welcome the National Confidential Enquiry into Patient Outcome and Death’s Learning Together, A review of the quality of care provided to adults with a learning disability when admitted to hospital acutely unwell report and we are committed to improving the health outcomes of people with a learning disability.
The Government’s approach, as set out in the 10-Year Health Plan, is to ensure a clear national framework for the National Health Service while empowering local systems to design and deliver services that best meet the needs of their populations. Within this approach, integrated care boards act as strategic commissioners to ensure care better meets patients’ needs at a local level. Decisions about the design of services are matters for independent NHS employing organisations, who manage service delivery at a local level, ensuring they have the right number of staff in place, with the right skill mix, to deliver safe and effective care, based on population need. This includes investing in the future of their workforce and ensuring appropriate ongoing training and continuing professional development so that they can continue to provide safe and effective care.
We recognise the value of involving patients and family carers in decisions about the care of people with a learning disability. The NHS England website has information to support services, including acute trusts, with involving family carers of people with a learning disability and autistic people.
There are currently no plans to establish senior learning disability consultant roles based on the model in the Netherlands. NHS England published guidance in 2023, updated in 2025, to support frontline staff in acute hospitals caring for people with a learning disability and autistic people.
Under the Reasonable Adjustment Digital Flag Information Standard 2025, all publicly funded health and social care service providers must be able to share, read, and write reasonable adjustment data by 30 September 2026. The Information Standard is mandated across all publicly funded health and social care providers, commissioners, and IT suppliers. As a mandatory information standard, compliance is supported through contractual and regulatory mechanisms.
Asked by: Lord Scriven (Liberal Democrat - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government, in light of the report from the National Confidential Enquiry into Patient Outcome and Death Learning together, published on 11 June, what plans they have, if any, to establish senior learning disability physician consultant roles based on the Netherlands model.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
We welcome the National Confidential Enquiry into Patient Outcome and Death’s Learning Together, A review of the quality of care provided to adults with a learning disability when admitted to hospital acutely unwell report and we are committed to improving the health outcomes of people with a learning disability.
The Government’s approach, as set out in the 10-Year Health Plan, is to ensure a clear national framework for the National Health Service while empowering local systems to design and deliver services that best meet the needs of their populations. Within this approach, integrated care boards act as strategic commissioners to ensure care better meets patients’ needs at a local level. Decisions about the design of services are matters for independent NHS employing organisations, who manage service delivery at a local level, ensuring they have the right number of staff in place, with the right skill mix, to deliver safe and effective care, based on population need. This includes investing in the future of their workforce and ensuring appropriate ongoing training and continuing professional development so that they can continue to provide safe and effective care.
We recognise the value of involving patients and family carers in decisions about the care of people with a learning disability. The NHS England website has information to support services, including acute trusts, with involving family carers of people with a learning disability and autistic people.
There are currently no plans to establish senior learning disability consultant roles based on the model in the Netherlands. NHS England published guidance in 2023, updated in 2025, to support frontline staff in acute hospitals caring for people with a learning disability and autistic people.
Under the Reasonable Adjustment Digital Flag Information Standard 2025, all publicly funded health and social care service providers must be able to share, read, and write reasonable adjustment data by 30 September 2026. The Information Standard is mandated across all publicly funded health and social care providers, commissioners, and IT suppliers. As a mandatory information standard, compliance is supported through contractual and regulatory mechanisms.
Asked by: Lord Scriven (Liberal Democrat - 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 8 June (HL759), what immediate, non-judicial safeguards are being introduced to protect the personal autonomy and rights of individuals who have lost independent monitoring as a result of the Supreme Court's judgment regarding the Cheshire West Framework during the period that the Ministry of Justice is reviewing the long-term impact on legal aid provision.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
There are a range of other safeguards which protect individuals who are not subject to the Deprivation of Liberty Safeguards (DoLS). These include the Mental Capacity Act 2005 provisions, local authority safeguarding duties through the Care Act 2014, oversight by the Care Quality Commission (CQC), and common law duties of care.
Any independent monitoring required as part of the care plan of individuals receiving care and support would continue, even if they are not subject to DoLS. As part of their inspection regime, the CQC checks that providers, in a range of care and support settings, have effective systems to help keep adults safe from abuse and neglect, including potential infringements of the personal autonomy and the rights of individuals receiving care and support.
The CQC also has a duty to assess how local authorities are delivering their duties under the Care Act, including those relating to safeguarding. Where the CQC finds failure, it has a duty to inform my Rt Hon. Friend, the Secretary of State for Health and Social Care, who has powers to intervene.
The Department published on the GOV.UK website on 15 June 2026 a response to the judgement which provides initial steers to practitioners and all those involved in supporting individuals where there is a deprivation of liberty. We are working with a range of stakeholders to develop follow-up guidance as quickly as possible. A copy of the response is attached.
Asked by: Lord Scriven (Liberal Democrat - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government, following the Supreme Court's judgment in June regarding the Cheshire West framework (UKSC/2025/0042), what plans they have to issue guidance relating to consent to deprivation of liberty by vulnerable individuals, specifically to ensure superficial contentment or lack of active protest is not misconstrued as valid consent to restrictions on their physical liberty.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
The Government remains firmly committed to safeguarding and protecting the rights of people lacking capacity. The deprivation of liberty safeguards (DoLS) are only one of several protections in place, and there are a range of other safeguards which are available to individuals who are not subject to DoLS. These include the Mental Capacity Act 2005 provisions, local authority safeguarding duties through the Care Act 2014, oversight by the Care Quality Commission, and common law duties of care. Through these, individuals not subject to DoLS, who are receiving care and support, would be able to access independent advocacy as well as independent scrutiny of their care, including consideration of whether there is proportionate use of restrictive practice where appropriate.
The Department published an update on the GOV.UK website on 15 June in response to the judgement, in an online-only format. The update includes initial steers on what the judgment means, including for valid consent, for practitioners and all those involved in supporting individuals where there is a deprivation of liberty. We are working with a range of stakeholder partners and charities to develop follow-up guidance as quickly as possible.
Asked by: Lord Scriven (Liberal Democrat - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government, following the Supreme Court's judgment regarding the Cheshire West framework (UKSC/2025/0042), what steps they are taking to ensure that individuals who are reclassified as out-of-scope for Deprivation of Liberty Safeguards continue to have their individual care plans independently scrutinised, specifically regarding the ongoing, proportionate use of restrictive practices.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
The Government remains firmly committed to safeguarding and protecting the rights of people lacking capacity. The deprivation of liberty safeguards (DoLS) are only one of several protections in place, and there are a range of other safeguards which are available to individuals who are not subject to DoLS. These include the Mental Capacity Act 2005 provisions, local authority safeguarding duties through the Care Act 2014, oversight by the Care Quality Commission, and common law duties of care. Through these, individuals not subject to DoLS, who are receiving care and support, would be able to access independent advocacy as well as independent scrutiny of their care, including consideration of whether there is proportionate use of restrictive practice where appropriate.
The Department published an update on the GOV.UK website on 15 June in response to the judgement, in an online-only format. The update includes initial steers on what the judgment means, including for valid consent, for practitioners and all those involved in supporting individuals where there is a deprivation of liberty. We are working with a range of stakeholder partners and charities to develop follow-up guidance as quickly as possible.
Asked by: Lord Scriven (Liberal Democrat - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government following the Supreme Court's judgment regarding the Cheshire West framework and associated statutory independent checks and safeguards (UKSC/2025/0042), what steps they are taking to establish targeted protections for vulnerable individuals who do not have an active family support network or an Independent Mental Capacity Advocate.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
The Government remains firmly committed to safeguarding and protecting the rights of people lacking capacity. The deprivation of liberty safeguards (DoLS) are only one of several protections in place, and there are a range of other safeguards which are available to individuals who are not subject to DoLS. These include the Mental Capacity Act 2005 provisions, local authority safeguarding duties through the Care Act 2014, oversight by the Care Quality Commission, and common law duties of care. Through these, individuals not subject to DoLS, who are receiving care and support, would be able to access independent advocacy as well as independent scrutiny of their care, including consideration of whether there is proportionate use of restrictive practice where appropriate.
The Department published an update on the GOV.UK website on 15 June in response to the judgement, in an online-only format. The update includes initial steers on what the judgment means, including for valid consent, for practitioners and all those involved in supporting individuals where there is a deprivation of liberty. We are working with a range of stakeholder partners and charities to develop follow-up guidance as quickly as possible.
Asked by: Lord Scriven (Liberal Democrat - 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 8 June 2026 (HL57), on what specific date the current national contract for the learning from lives and deaths – people with a learning disability and autistic people reviews (LeDeR) programme expire; and whether that contract will be renewed on a national basis.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
The Government is committed to improving outcomes for people with a learning disability and autistic people, and we recognise the important role that Learning from lives and deaths – people with a learning disability and autistic people (LeDeR) plays in driving service improvements and tackling health inequalities. We remain committed to reviewing every death that is notified to the LeDeR programme and ensuring that learning is shared.
The current contract between NHS England and King’s College London and their academic partners for producing a national LeDeR report ends on 31 October 2026. We will provide further information on next steps in due course.