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Factsheet 1: Basic information

NHS Resolution (formerly NHS Litigation Authority) was established in 1995 as a Special
Health Authority and is a not-for-profit arm’s length body of the Department of Health.
In April 2017, it changed its operating name to NHS Resolution to better reflect its work in
handling and resolving negligence claims. NHS Resolution handles negligence claims on
behalf of NHS organisations and independent sector providers of NHS care in England who
are members of our schemes. The organisation's main responsibilities are:

Providing indemnity to providers of NHS care in England:

 NHS and NHS Foundation Trusts.

 CCGs (since 1 April 2013).

 Independent sector providers of NHS care (since 1 April 2013).

Operating the clinical and non-clinical risk pooling indemnity schemes which NHS
organisations join, on a voluntary basis, as scheme members.

Our approach to pricing is to financially incentivise those organisations which have fewer
less costly claims, thereby supporting the reduction of harm and better staff and patient
safety.

The indemnity schemes are:

a) Clinical Negligence Scheme for Trusts (CNST) - for clinical (patient) claims
arising from incidents since 1995.

 CNST cover is unlimited and the NHS Resolution funds the total cost of
claims.

 Since April 2013 independent sector providers of NHS healthcare have been
entitled to join CNST in their own right.
b) Risk Pooling Schemes for Trusts (RPST) - operating since 1999:

i. Property Expenses Scheme (PES) - for non-clinical claims including ‘first
party’ losses such as property damage and theft where the incident
occurred on or after 1 April 1999.

ii. Liabilities to Third Parties Scheme (LTPS) - for non-clinical claims such as
public and employers’ liability claims.

 Cover is unlimited in value, however some areas of cover are subject
to an excess for which the member is responsible.

 NHS Resolution funds the cost of claims above the excess.

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