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 Since April 2014 any previous claims resolved and closed below the
excess, or any new claims below the excess, are handled by NHS
Resolution free of charge.

c) Existing Liabilities Scheme (ELS) - is centrally funded by the Department of
Health and covers clinical claims against NHS organisations where the incident
took place before 1 April 1995.

d) Ex-RHA Scheme (Ex-RHAS) - is a relatively small scheme covering clinical
claims made against the former Regional Health Authorities which were
abolished in 1996. This is centrally funded by the Department of Health.

For liabilities transferred to the Secretary of State for Health on 1 April 2013, following the
abolition of Strategic Health Authorities and Primary Care Trusts, NHS Resolution deals with
claims as agents for the Secretary of State.

The following tables set out the number of negligence claims (including potential claims or
“incidents”) reported to NHS Resolution in 2016/17 by member NHS Trusts, Clinical
Commissioning Groups (CCGs) and Independent Sector (IS) providers of NHS care in
England, together with the amounts disbursed by NHS Resolution on behalf of each of these
members to handle and settle claims during the same period.

The Factsheet also includes details of the contributions paid by each member in 2016/17 for
membership of our Schemes. Information relating to obstetric or 'maternity' claims is shown
as a separate category (these claims are also included in the total figures).

When using the information, please note:

The number of claims/potential claims notified in 2016/17 and the amounts paid out in
2016/17 do not necessarily relate to the same cohort of claims.

Payments made in 2016/17 may relate to claims notified in earlier financial years, particularly
where claims are large or complex. Similarly, claims and potential claims notified to NHS
Resolution in 2016/17 may not be settled in that year: indeed in cases where a patient has
indicated that they may be contemplating a claim and the member therefore notifies NHS
Resolution (shown as an “incident” in the data), a formal claim may only be made many
months later.

Moreover, many patients do not pursue an initial intention to make a claim and hence the
“incident” may never become a “claim”.

The data for the contributions is based on 5 years’ worth of payments in year that relate to
claims with an incident that occurred less than 10 years before the financial year of payment.

Factsheet 5 is based on total payments in year irrespective of the date of the incident.
Larger member organisations and those which provide more complex treatments may
receive more claims than smaller organisations or those providing low risk care.

The tables also show whether or not a member organisation provides labour ward services,
as claims arising from childbirth represent a significant element of expenditure under CNST.

Claims may be made long after the original event, especially where the patient concerned is
a child. The tables show when a member first joined CNST: a member who joined in 1995
when the Scheme was first created is likely to have more CNST claims than a similar
member which joined at a later date.

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