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Government holds back on key clinical negligence reforms until autumn

Treasury confirms reform timeline will not be set out until autumn

The UK government has confirmed that a timetable for its long-awaited clinical negligence reform plan will not be set out until autumn, despite mounting concern over rising costs across the system.

In its response to a report by the Public Accounts Committee, the Treasury acknowledged that the Department of Health and Social Care has not effectively addressed increasing clinical negligence costs. It accepted the committee’s central finding that repeated warnings about escalating liabilities have not resulted in sufficient action.

The Treasury said it will provide further detail later this year, including key milestones, areas of focus and the broader case for reform. However, it stopped short of committing to specific measures or timelines at this stage.

Clinical negligence payments have risen significantly, increasing from £600 million in 2006/07 to £3.1 billion in 2024/25. The government stated that such growth is not considered to be in the wider public interest and agreed that the issue requires intervention.

Despite this acknowledgement, the response emphasised the complexity of the issue. It noted that there is no single solution and that multiple factors are contributing to sustained cost pressures. Officials indicated that work is ongoing to identify how best to address these challenges.

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Several reform options remain under consideration. These include the potential introduction of alternative dispute resolution mechanisms aimed at resolving claims more quickly, as well as the possibility of a non-adversarial compensation system. However, no decisions have yet been confirmed.

The government has also not committed to introducing fixed recoverable costs for lower-value clinical negligence claims. While it recognised the importance of controlling legal costs, it stated that further analysis is required before any implementation timetable can be set.

The issue of “double recovery”, where compensation may be awarded based on private healthcare costs while claimants subsequently use NHS services, is also being examined.

Separately, legal expert David Lock KC is advising the government on policy options to address rising costs and improve the claims process. However, the government has confirmed it does not intend to publish his review, despite a recommendation from the committee.

The response indicates that while the government accepts the need for reform, it remains cautious about committing to specific proposals. Further detail is expected when the Treasury reports back to the committee in autumn 2026.

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