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NHS Resolution      Annual report and accounts 2021/22                                            25


















             Key risks and issues

             Raising concerns                                    Data quality
            As an  NHS body,  patient safety and  public protection   As interest in clinical negligence and, consequently,
            are of paramount concern.  On occasion, we may       our data continues to increase we need to ensure that
             identify a significant concern and will share information   the data we produce, sometimes at short notice,  is
            externally, for example with other NHS bodies or those   accurate and adequately described, to avoid  incorrect
            with  responsibility for regulation within the healthcare   interpretation.  This is challenging given the complexity
            system. This will  happen  if we see activity which  may   of data and  nuances in the definitions, and we are
             have caused significant harm or which  puts individuals   continually developing our control framework to ensure
            at significant risk due to unsafe clinical practice or   we capture and  maintain accurate and  relevant data.
            conduct that severely compromises the effective delivery
                                                                 We are committed to transparency in our policy to
            of services.  In  practice, the relevant healthcare provider
                                                                 publish data either directly,  such as the Annual  Report
             is likely to be our first point of contact and we may
                                                                 Statistics, or indirectly via system partners such as GIRFT
             invite them to consider onward  referral to other relevant
                                                                 or the Model  Hospital while adhering to the GDPR
             parties (for example,  regulators) or seek assurance
                                                                 framework.  Our strategy is also to develop the use of
            that they have done so. We operate a Significant
                                                                 technology to make our data more easily manageable
            Concerns Framework1as a guide to addressing those

                                                                 and accessible for analysis and  provision of insight.
            circumstances where a concern about serious harm
             has arisen,  ensuring that confidential information   Policy environment
             relating to notifications is managed appropriately and
                                                                 We operate in a dynamic policy environment and our
            within a tightly controlled governance framework, with
                                                                 Policy, Strategy and Transformation team is tasked
            established escalation arrangements as necessary.
                                                                 with identifying emerging issues and considering their
                                                                 potential  impact on our ability to meet our strategic
                                                                 objectives. We work closely with DHSC  and other arm's
                                                                 length  bodies (ALBs) across a range of policy issues,
               Significant concerns case study2                  contributing our data and expertise as appropriate.  Key
                                                                 areas of focus for 2021/22 have included the pandemic,
               Concerns were raised about a doctor's practice
                                                                 maternity and complaints policy. We also continue to
               while working at Trust A. There had  been delivery
                                                                 work with the Government on clinical  negligence policy,
               of significantly poor care resulting  in  multiple
                                                                 supporting the consultation on Fixed recoverable costs
               claims and  restrictions placed on the individual's
                                                                 in low value clinical negligence claims and the broader
               practice.  NHS Resolution also identified areas for
                                                                 work around the costs of clinical negligence. Our latest
               improvement in  relation to Trust A's response to
                                                                 consultation responses can  be found on our website3.
               the situation.  It was noted that the practitioner had
               moved to Trust B and  it was not clear that Trust A
               had  provided all  necessary information  regarding
               the unresolved concerns.  Practitioner Performance
               Advice and Claims Management worked together
               to support the trusts and  help to ensure that
               information was shared appropriately with Trust B.






              https://resolution.nhs.uk/how-we-use-your-data/
             This  is an  illustrative,  composite case study (to  preserve confidentiality).
              https://resolution.nhs.uk/category/consultations/
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