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<Search><pages Count="184"><page Index="1"/><page Index="2"><![CDATA[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.







                                                                                                             1]]></page><page Index="3"><![CDATA[  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.



                                                                                                             2]]></page><page Index="4"><![CDATA[Where NHS services in an area have been re-organised, the organisation legally liable for
               the claim may not in fact have been managing the hospital in question at the time of the
               incident. Where organisations have merged, leading to “inherited claims”, we have tried
               where possible to indicate the date when the predecessor member joined CNST.

               The amounts paid out on behalf of members are broken down into “damages” (the amounts
               paid to the patient), “defence costs” (the legal costs incurred by NHS Resolution in handling
               the claim) and “claimant costs” (the legal costs incurred by the patient in bringing the claim,
               where these are met by NHS Resolution).

               It should be noted that these 2016/17 figures include repayments from previous years, for
               example where a payment was made in one financial year and then received back the
               following year. Occasionally, therefore, these figures may be less than zero. Moreover,
               where claims are made by members under the Property Expenses Scheme, for example in
               respect of stolen medical equipment, the payments made by NHS Resolution are not
               "damages" payments as such but rather a reimbursement to the member of its loss.

               Until 2002, members handled and funded lower-value CNST claims themselves. However, in
               April 2002 all such claims were “called-in” to NHS Resolution and we now handle all CNST
               claims regardless of value. Because of this change in the scope of CNST, figures for the
               years preceding this date are not comparable with those for successive years and are not
               given. However, figures in this factsheet for 2016/17 are presented on a comparable basis
               with those provided for 2015/16, 2014/15, 2013/14, 2012/13, 2011/12, 2010/11, 2009/10,
               2008/09, 2007/08, 2006/07, 2005/06, 2004/05 and 2003/04.

               In order to protect the confidentiality of individual patients, we have not given precise figures
               where the number of claims/potential claims received in a year was fewer than five or the
               amounts paid out were lower than £5,000. Such cases are indicated with an *.

               This Factsheet should not be interpreted as a league table. While we have attempted to
               give some indication of context in terms of the size of member, inevitably different institutions
               face different levels of risk because of the variations in the nature and complexity of the
               procedures they perform.









               Further information:

               Factsheet 2 - financial information - summary figures
               Factsheet 3 - claims information (England) - summary figures

               Factsheet 4 - information on individual trust assessment levels (only up until the 2013/14
               financial year. We no longer assess members against these standards).

               Factsheet 5 - information on individual trust claims experience in the latest financial year
               Factsheet 6 - information on FHSAU statistics







                                                                                                             3]]></page><page Index="5"><![CDATA[Statement of voluntary compliance with the Code of Practice for
               Annual Statistics

               NHS Resolution is publishing this data set on their website on an annual basis.

               NHS Resolution is responsible for the publication of this dataset, including the data collection
               and its quality assurance. DHSC has retained an advisory role in the production of this
               publication. Although the annual statistics are not official statistics or National Statistics,
               where possible NHS Resolution have been guided by the UK Statistics Authority’s Code of
               Practice for Statistics in their production. The Code is framed around three pillars:
               trustworthiness; quality; and value.

               Table 1 explains how these pillars have been applied to the Annual Statistics in a
               proportionate way to demonstrate voluntary compliance, in line with the Guide for Voluntary
               Application of the Code.

               Table 1: How NHS Resolution voluntarily comply with the pillars of the Code of
               Practice for Statistics

                 Trustworthiness       This data set is generated from our claims management system
                                       and our financial accounting system. The data is checked and
                 Confidence in the     quality assured by our data analysts in NHS Resolution.
                 people and
                 organisations that    Annual report claims and financial data is subject to internal and
                 produce statistics    external audit. National Audit Office (NAO) test the underlying data
                 and data              and the numbers reported in the financial statements have been
                                       audited by NAO. However, these processes cannot completely
                                       eliminate the risk of error in the underlying data.


                                       The NHS resolution data set aims to present results in an objective
                                       manner subject to internal management review before publication.

                 Quality               The data used is sourced from our internal systems so the results
                                       are subject to the quality of the underlying data source. NHS
                 Data and              Resolution have appointed independent internal auditors and they
                 methods that          perform an annual audit of the quality of data entered against
                 produce assured       claims across a sample of the population. Further reviews are
                 statistics            carried out by internal quality assurance teams and the NAO.

                                       The claims system is used to manage all claims within NHS
                                       resolution and is critical to all aspects of managing a claim.

                                       Analysts in NHS Resolution undertake quality assurance of the
                                       results data to minimise errors and improve adherence to the
                                       prescribed methodologies.

                                       Examples of the types of data quality checks we carry out include:

                                       • Double uniqueness – Ensuring any data is only counted once
                                       where defined;
                                       • Data validity – Excluding any invalid data;
                                       • Data completeness – Ensure that all valid data is included;
                                       • Correct categorisation – Ensure data is categorised correctly;]]></page><page Index="6"><![CDATA[• Consistency – Ensure data is treated consistently over each year.


                 Value                 A significant proportion of the data in these datasets is already in
                 Statistics that       the public domain. The Annual Statistics will, however, provide
                 support society’s     publicly available standard datasets that will improve transparency
                 needs for             and can more readily be used by members of the public and for
                 information           research purposes.

                                       Users can contact NHS Resolution with questions on this data at
                                       nhsr.foi@nhs.net]]></page><page Index="7"><![CDATA[NHS Indemnity





           Arrangements for

           Clinical Negligence Claims in the NHS]]></page><page Index="8"><![CDATA[Contents








                                                                                Page:








           NHS Indemnity               ..............................................................................   7



           Annex A:

                 Questions and Answers on NHS Indemnity........................................................11




           Annex B:
                 Indemnity for Clinical Studies Sponsored by Pharmaceutical Companies.........17]]></page><page Index="9"><![CDATA[Executive summary


           Introduction                                              (b)   persons, not employed under a contract of
           This is a summary of the main points contained within NHS       employment and who may or may not be a health
           Indemnity Arrangements for clinical negligence claims in the    care professional, who owe a duty of care to the
           NHS, issued under cover of HSG 96/48. The booklet includes a    persons injured. These include locums; medical
           Q&A section covering the applicability of NHS indemnity to      academic staff with honorary contracts; students;
           common situations and an annex on sponsored trials. It covers   those conducting clinical trials; charitable
           NHS indemnity for clinical negligence but not for any other     volunteers; persons undergoing further
           liability such as product liability, employers liability or     professional education, training and examinations;
           liability for NHS trust board members.                          students and staff working on income generation
                                                                           projects.
           Clinical Negligence
           Clinical negligence is defined as “a breach of duty of care by   Where these principles apply, NHS bodies should accept full
           members of the health care professions employed by NHS   financial liability where negligent harm has occurred, and not
           bodies or by others consequent on decisions or judgements   seek to recover their costs from the health care professional
           made by members of those professions acting in their   involved.
           professional capacity in the course of their employment, and
           which are admitted as negligent by the employer or are   Who is Not Covered
           determined as such through the legal process”.      NHS Indemnity does not apply to family health service
                                                               practitioners working under contracts for services, eg GPs
           The term health care professional includes hospital doctors,
                                                               (including fundholders), general dental practitioners, family
           dentists, nurses, midwives, health visitors, pharmacy
                                                               dentists, pharmacists or optometrists; other self employed health
           practitioners, registered ophthalmic or dispensing opticians
                                                               care professionals eg independent midwives; employees of FHS
           (working in a hospital setting), members of professions allied
                                                               practices; employees of private hospitals; local education
           to medicine and dentistry, ambulance personnel, laboratory
                                                               authorities; voluntary agencies.  Exceptions to the normal cover
           staff and relevant technicians.
                                                               arrangements are set out in the main document.
           Main Principles                                     Circumstances Covered
           NHS bodies are vicariously liable for the negligent acts and   NHS Indemnity covers negligent harm caused to patients or
           Omissions of their employees and should have arrangements   healthy volunteers in the following circumstances: whenever
           for meeting this liability.                         they are receiving an established treatment, whether or not in
                                                               accordance with an agreed guideline or protocol; whenever they
           NHS Indemnity applies where                         are receiving a novel or unusual treatment which, in the

                                                               judgement of the health care professional, is appropriate for that
                 (a)   the negligent health care professional was:  particular patient; whenever they are subjects as patients or
                                                               healthy volunteers of clinical research aimed at benefitting
                       (i)   working under a contract of employment   patients now or in the future.
                            and the negligence occurred in the course
                            of that employment;                Expenses Met


                       (ii)   not working under a contract of
                                                               Where negligence is alleged, NHS bodies are responsible for
                            employment but was contracted to an
                                                               meeting: the legal and administrative costs of defending the
                            NHS body to provide services to persons
                                                               claim or, if appropriate, of reaching a settlement; the plaintiffs
                            to whom that NHS body owed a duty of
                                                               costs, as agreed by the two parties or as awarded by the court; the
                            care.
                                                               damages awarded either as a one-off payment or as a structured
                                                               settlement.
                       (iii)  neither of the above but otherwise owed a
                            duty of care to the persons injured.]]></page><page Index="10"><![CDATA[NHS Indemnity             NHS Indemnity



                                     C l i n i c a l   N e g l i g e n c e   - D e f i n i t i o n






                                     1.    Clinical negligence is defined as:


                                           “A breach of duty of care by members of the health care professions employed by NHS
                                           bodies or by others consequent on decisions or judgements made by members of those
                                           professions acting in their professional capacity in the course of employment, and which
                                           are admitted as negligent by the employer or are determined as such through the legal
                                           process.

                                     2.    In this definition “breach of duty of care” has its legal meaning. NHS bodies will need to
                                           take legal advice in individual cases, but the general position will be that the following
                                           must all apply before liability for negligence exists:

                                           2.1   There must have been a duty of care owed to the person treated by the relevant
                                                professional(s);


                                           2.2   The standard of care appropriate to such duty must not have been attained and
                                                therefore the duty breached, whether by action or inaction,
                                                 advice given or failure to advise;

                                           2.3   Such a breach must be demonstrated to have caused the injury and therefore the
                                                 resulting loss complained about by the patient;


                                           2.4   Any loss sustained as a result of the injury and complained about by the person
                                                treated must be of a kind that the courts recognize and for
                                                which they allow compensation; and


                                           2.5   The injury and resulting loss complained about by the person treated must have
                                                been reasonably foreseeable as a possible consequence of the breach.



                                     3    This booklet is concerned with NHS indemnity for clinical negligence and does not cover
                                           indemnity for any other liability such as product liability,
                                           employers liability or liability for NHS trust board members.







                                     * The NHS (Clinical Negligence Scheme) Regulations 1996, which established the Clinical Negligence Scheme for
                                     Trusts,’ defines clinical negligence in terms of ‘...a liability in tort owed by a member to a third party in respect of or
                                     consequent upon personal injury or loss arising out of or in connection with any breach of a duty of care owed by that
                                     body to any person in connection with the diagnosis of any illness, or the care or treatment of any patient, in
                                     consequence of any act or omission to act on the part ‘of a person employed or engaged by a member in connection
                                     with any relevant function of that member’.]]></page><page Index="11"><![CDATA[Other Terms                                                                             NHS Indemnity


           4.    Throughout this guidance:


                 4.1   The terms “an NHS body” and “NHS bodies” include Health Authorities, Special Health
                       Authorities and NHS Trusts but excludes all GP practices whether fundholding or not,
                       general dental practices, pharmacies and opticians’ practices

                 4.2   The term “health care professional” includes:


                       Doctors, dentists, nurses, midwives, health visitors, hospital pharmacy practitioners,
                       registered ophthalmic or registered dispensing opticians working in a hospital setting,
                       members of professions supplementary to medicine and dentistry, ambulance personnel,
                       laboratory staff and relevant technicians.


           Principles


           5.    NHS bodies are legally liable for the negligent acts and omissions of their employees (the
                 principle of vicarious liability), and should have arrangements for meeting this liability. NHS
                 Indemnity applies where:


                 5.1   the negligent health care professional was working under a contract of employment (as
                       opposed to a contract for services) and the negligence
                       occurred in the course of that employment; or

                 5.2   the negligent health care professional, although not working under a contract of
                       employment, was contracted to an NHS body to provide
                       services to persons to whom that NHS body owed a duty of care.

           6.    Where the principles outlined in paragraph 5 apply, NHS bodies should accept full financial
                 liability where negligent harm has occurred. They should not seek to recover their costs either in
                 part or in full from the health care professional concerned or from any indemnities they may
                 have. N7HS bodies may carry this risk entirely or spread it through membership of the Clinical
                 Negligence Scheme for Trusts (CNST - see EL(95)40).


           Who is Covered


           7.    NHS Indemnity covers the actions of staff in the course of their NHS employment. It also covers
                 people in certain other categories whenever the n h s body owes a duty of care to the person
                 harmed, including, for example, locums, medical academic staff with honorary contracts,
                 students, those conducting clinical trials, charitable volunteers and people undergoing further
                 professional education, training and examinations. This includes staff working on income
                 generation projects. GPs or dentists who are directly employed by Health Authorities, eg as
                 Public Health doctors (including port medical officers and medical inspectors of immigrants at
                 UK air/sea ports), are covered.]]></page><page Index="12"><![CDATA[NHS Indemnity

           8.     Examples of the applicability of NHS Indemnity to common situations are set out in question and answer format in
                  Annex A.
           ]
           Who is not Covered


           9.     NHS Indemnity does not apply to general medical and dental practitioners working under contracts for services. General
                  practitioners, including GP fundholders, are responsible for making their own indemnity arrangements,
                  as are other self-employed health care professionals such as independent midwives. Neither does NHS Indemnity apply
                  to employees of general practices, whether fundholding or not, or to employees of private hospitals  (even when
                  treating NHS patients) local education authorities or voluntary  agencies.

           10.   Examples of circumstances in which independent practitioners or staff who normally work for private employers are
           covered by NHS Indemnity are given in Annex A. The NHS Executive advises independent practitioners to check their own
           indemnity position.


           11.   Examples of circumstances in which NHS employees are not covered by NHS Indemnity are also given in Annex A.

           Circumstances Covered


           12.   NHS bodies owe a duty of care to healthy volunteers or patients treated or undergoing tests which they administer. NHS
                Indemnity covers negligent harm caused to these people in the following circumstances:

                12.1  whenever they are receiving an established treatment, whether or not in accordance with an agreed guideline or
                protocol;


                12.2 whenever they are receiving a novel or unusual treatment which in the clinical judgement of the health care
                professional is appropriate for the particular patient;

                12.3  whenever they are subjects of clinical research aimed at benefiting patients now or in the future, whether as patients
                or as healthy volunteers. (Special arrangements, including the availability of no-fault indemnity apply where research is
                sponsored by pharmaceutical companies. See Annex B.)



           Expenses Met


           13.   Where negligence is alleged NHS bodies are responsible for meeting:


                13.1  the legal and administrative costs of defending the claim and if appropriate, of reaching a settlement, including
           the cost of any mediation;

                 13.2   where appropriate, plaintiffs costs, either as agreed between the
                       parties or as awarded by a court of law;

                 13.3   the damages agreed or awarded, whether as a one-off payment or a structured settlement.




                                                                            NHS Indemnity]]></page><page Index="13"><![CDATA[Claims Management Principles



           14.   NHS bodies should take the essential decisions on the handling of claims of clinical negligence
                 against their staff, using professional defence organizations or others as their agents and advisers
                 as appropriate.



           Financial Support Arrangements


           15.   Details of the Clinical Negligence Scheme for Trusts (CNST) were announced in EL(95)40 on
                 29 March 1995.


           16.   All financial arrangements in respect of clinical negligence costs for NHS bodies have been
                 reviewed and guidance on transitional arrangements (for funding clinical accidents which
                 happened before 1 April 1995), was issued on 27 November 1995 under cover of FDL(95)56.
                 FDL(96)36 provided further guidance on a number of detailed questions.























































                                                                                                 AnnexA]]></page><page Index="14"><![CDATA[Questions and Answers on NHS Indemnity



           Below are replies to some of the questions most commonly asked about NHS Indemnity.


           1.  Who is covered by NHS Indemnity?

           NHS bodies are liable at law for the negligent acts and omissions of their staff in the course of their NHS employment: Under
           NHS Indemnity, NHS bodies take direct responsibility for costs and damages arising from clinical negligence where they (as
           employers) are vicariously liable for the acts and omissions of their health care professional staff.

           2.  Would health care professionals opting to work under contracts for services rather than as employees of the NHS be
           covered?


           Where an NHS body is responsible for providing care to patients NHS Indemnity will apply whether the health care professional
           involved is an employee or not. For example a doctor working under a contract for services with an NHS Trust would be covered
           because the Trust has responsibility for the care of its patients. A consultant undertaking contracted NHS work in a private
           hospital would also be covered.

           3.  Does this include clinical academics and research workers?


           NHS bodies are vicariously liable for the work done by university medical staff and other research workers (eg employees of the
           MRC) under their honorary contracts, but not for pre-clinical or other work in the university.

           4.  Are GP practices covered?


           GPs, whether fundholders or not [and who are not employed by Health Authorities as public health doctors], are independent
           practitioners and therefore they and their employed staff are not covered by NHS indemnity.


           5.  Is a hospital doctor doing a GP locum covered?


           This would not be the responsibility of the NHS body since it would be outside the contract of employment. The hospital doctor
           and the general practitioners concerned should ensure that there is appropriate professional liability cover.


           6.  Is a GP seeing a patient in hospital covered?

           A GP providing medical care to patients in hospital under a contractual arrangement, eg where the GP was employed as a clinical
           assistant, will be covered by NHS Indemnity, as will a GP who provides services in NHS hospitals under staff fund contracts
           (known as “bed funds”). Where there is no such contractual arrangement, and the NHS body provides facilities for patient(s) who
           continue to be the clinical responsibility of the GP, the GP would be responsible and professional liability cover would be
           appropriate. However, junior medical staff, nurses or members of the professions supplementary to medicine involved in the care
           of a GP’s patients in NHS hospitals under their contract of employment would be covered.







                                                                            NHS Indemnity]]></page><page Index="15"><![CDATA[7.    Are GP trainees working In general practice covered?
                 In general practice the responsibility for training and for paying the salary of a GP trainee rests
                 with the trainer. While the trainee is receiving a salary in general practice it is advisable that
                 both the trainee and the trainer, and indeed other members of the practice, should have
                 appropriate professional liability cover as NHS indemnity will not apply.


           8.    Are NHS employees working under contracts with GP fundholders covered?
                 If their employing n h s body has agreed a contract to provide services to a g p fundholding
                 practice’s patients, n h s employees will be working under the terms of their contracts of
                 employment and NHS Indemnity will cover them. If NHS employees themselves contract with GP
                 fundholders (or any other independent body) to do work outside their NHS contract of
                 employment they should ensure that they have separate indemnity cover.


           9.    Is academic General Practice covered?
                 The Department has no plans to extend NHS Indemnity to academic departments of general
                 practice. In respect of general medical services, Health Authorities’ payments of fees and
                 allowances include an element for expenses, of which medical defence subscriptions are a part.


           10.   Is private work in NHS hospitals covered by NHS Indemnity?
                 NHS bodies will not be responsible for a health care professional’s private practice, even in an
                 NHS hospital. However, where junior medical staff, nurses or members of professions
                 supplementary to medicine are involved in the care of private patients in NHS hospitals, they
                 would normally be doing so as part of their NHS contract, and would therefore be covered. It
                 remains advisable that health professionals who might be involved in work outside the scope of
                 his or her NHS employment should have professional liability cover.

           11.   Is Category 2 work covered?
                 Category 2 work (eg reports for insurance companies) is by definition not
                 undertaken for the employing NHS body and is therefore not covered by
                 NHS Indemnity. Unless the work is carried out on behalf of the employing
                 NHS body, professional liability cover would be needed.

           12.   Are disciplinary proceedings of statutory bodies covered?
                 NHS bodies are not financially responsible for the defence of staff involved in disciplinary
                 proceedings conducted by statutory bodies such as the GMC (doctors), UKCC (nurses and
                 midwives), GDC (dentists) CPSM (professions supplementary to medicine) and RPSGB
                 (pharmacists). It is the responsibility of the practitioner concerned to take out professional
                 liability cover against such an eventuality.

           13.   Are clinical trials covered?
                 In the case of negligent harm, health care professionals undertaking clinical trials or studies on
                 volunteers, whether healthy or patients, in the course of their NHS employment are covered by
                 NHS Indemnity. Similarly, for a trial not involving medicines, the NHS body would take
                 financial responsibility unless the trial were covered by such other indemnity as may have been
                 agreed between the NHS body and those responsible for the trial. In any case, NHS bodies
                 should ensure that they are informed of clinical trials in which their staff are taking part in their
                 NHS employment and that these trials have the required Research Ethics Committee approval.
                 For non-negligent harm, see question 16 below.
           NHS Indemnity
                                     14.   Is harm resulting from a fault in the drug/equipment covered?
                                           Where harm is caused due to a fault in the manufacture of a drug or piece of equipment]]></page><page Index="16"><![CDATA[then, under the terms of the Consumer Protection Act 1987, it is no defence for the
                                           producer to show that he exercised reasonable care. Under normal circumstances,
                                           therefore, NHS indemnity would not apply unless there was a question whether the
                                           health care professional either knew or should reasonably have known that the
                                           drug/equipment was faulty but continued to use it. Strict liability could apply if the
                                           drug/equipment had been manufactured by an NHS body itself, for example a prototype
                                           as part of a research programme.

                                     15.   Are Local Research Ethics Committees (LRECs) covered?
                                           Under the Department’s guidelines an LREC is appointed by the Health
                                           Authority to provide independent advice to NHS bodies within its area on the ethics of
                                           research proposals. The Health Authority should take financial responsibility for
                                           members’ acts and omissions in the course of performance of their duties as LREC
                                           members.


                                     16.   Is there liability for non-negligent harm?
                                           Apart from liability for defective products, legal liability does not arise where a person is
                                           harmed but no one has acted negligently. An example of this would be unexpected
                                           side-effects of drugs during clinical trials. In exceptional circumstances (and within the
                                           delegated limit of £50,000) NHS bodies may consider whether an ex-gratia payment
                                           could be offered. NHS bodies may not offer advance indemnities or take out commercial
                                           insurance for non-negligent harm.


                                     17.   What arrangements can non-MIS bodies make for non-negligent harm?
                                           Arrangements will depend on the status of the non-NHS body. Arrangements for clinical
                                           trials sponsored by the pharmaceutical industry are set out in Annex B. Other
                                           independent sector sponsors of clinical research involving NHS patients (eg universities
                                           and medical research charities) may also make arrangements to indemnify research
                                           subjects for non-negligent harm. Public sector research funding bodies such as the
                                           Medical Research Council (MRC) may not offer advance indemnities nor take out
                                           commercial insurance for non-negligent harm. The MRC offers the assurance that it will
                                           give sympathetic consideration to claims in respect of non-negligent harm arising from
                                           an MRC funded trial. NHS bodies should not make ex-gratia payments for non-negligent
                                           harm where research is sponsored by a non-NHS body.


                                     18    Would health care professionals be covered If they were working other than In
                                           accordance with the duties of their post?
                                           Health care professionals would be covered by NHS Indemnity for actions in the course
                                           of NHS employment, and this should be interpreted liberally. For work not covered in
                                           this way health care professionals may have a civil, or even, in extreme circumstances,
                                           criminal liability for their actions.












           19.   Are health care professionals attending accident victims (“Good                    NHS Indemnity
                 Samaritan” acts) covered?]]></page><page Index="17"><![CDATA[“Good Samaritan” acts are not part of the health care professional’s work for
                 the employing body. Medical defence organizations are willing to provide
                 low-cost cover against the (unusual) event of anyone performing such an act
                 being sued for negligence. Ambulance services can, with the agreement of
                 staff, include an additional term in the individual employee contracts to the
                 effect that the member of staff is expected to provide assistance in any
                 emergency outside of duty hours where it is appropriate to do so.

           20.   Are NHS staff in public health medicine or in community health services doing work for
                 local authorities covered? Are occupational physicians covered?
                 Staff working in public health medicine, clinical medical officers or therapists carrying out local
                 authority functions under their NHS contract would be acting in the course of their NHS
                 employment. They will therefore be covered by NHS Indemnity. The same principle applies to
                 occupational physicians employed by NHS bodies.


           21.   Are NHS staff working for other agencies, eg the Prison Service, covered?
                 In general, NHS bodies are not financially responsible for the acts of NHS staff when they are
                 working on an individual contractual basis for other agencies. (Conversely, they are responsible
                 where, for example, a Ministry of Defence doctor works in an NHS hospital.) Either the non-NHS
                 body commissioning the work would be responsible, or the health care professional should have
                 separate indemnity cover. However, NHS Indemnity should cover work for which the NHS body
                 pays the health care professional a fee, such as domiciliary visits, and family planning services.


           22.   Are former NHS staff covered?
                 NHS Indemnity will cover staff who have subsequently left the Service (eg on retirement)
                 provided the liability arose in respect of acts or omissions in the course of their NHS
                 employment, regardless of when the claim was notified. n h s bodies may seek the co-operation of
                 former staff in providing statements in the defence of a case.

           23.   Are NHS staff offering services to voluntary bodies such as the Red
                 Cross or hospices covered?
                 The NHS body would be responsible for the actions of its staff only if it were
                 contractually responsible for the clinical staffing of the voluntary body. If
                 not, the staff concerned may wish to ensure that they have separate
                 indemnity cover.


           24.   Do NHS bodies provide cover for locums?
                 NHS bodies take financial responsibility for the acts and omissions of a locum health care
                 professional, whether “internal” or provided by an external agency, doing the work of a
                 colleague who would be covered.


           25.   What are the arrangements for staff employed by one trust working in another.
                 This depends on the contractual arrangements. If the work is being done as part of a formal
                 agreement between the trusts, then the staff involved will be acting within their normal NHS
                 duties and, unless the agreement states otherwise, the employing trust will be liable. The NHS
                 Executive does not recommend the use of ad hoc arrangements, eg a doctor, in one trust asking]]></page><page Index="18"><![CDATA[NHS Indemnity            a doctor in another to provide an informal second opinion, unless there is an agreement
                                          between the trusts as to which of them will accept liability for the “visiting” doctor in
                                           such circumstances.


                                     26.   Me private sector rotations for hospital staff covered?
                                           The medical staff of independent hospitals are responsible for their own professional
                                           liability cover, subject to the requirements of the hospital managers.  If n h s staff in the
                                           training grades work in independent hospitals as part of their NHS training, they would
                                           be covered by NHS Indemnity, provided that such work was covered by an NHS contract
                                           of employment.

                                     27.   Are voluntary workers covered?
                                           Where volunteers work in NHS bodies, they are covered by NHS Indemnity. NHS
                                           managers should be aware of all voluntary activity going on in their organizations and
                                           should wherever possible confirm volunteers’ indemnity position in writing.

                                     28.   Are students covered?
                                           NHS Indemnity applies where students are working under the supervision of NHS
                                           employees. This should be made clear in the agreement between the NHS body and the
                                           student’s educational body. This will apply to students of all the health care professions
                                           and to school students on, for example, work experience placements. Students working in
                                           NHS premises, under supervision of medical academic staff employed by universities
                                           holding honorary contracts, are also covered. Students who spend time in a primary care
                                           setting will only be covered if this is part of an NHS contract. Potential students making
                                           preliminary visits and school placements should be adequately supervised and should not
                                           become involved in any clinical work. Therefore, no clinical negligence should arise on
                                           their part.

                                           In the unlikely event of a school making a negligent choice of work placement for a pupil
                                           to work in the NHS, then the school, and not NHS indemnity, should pick up the legal
                                           responsibility for the actions of that pupil. The contractual arrangement between the NHS
                                           and the school should make this clear.

                                     29.   Are health care professionals undergoing on-the-job training covered?
                                           Where an NHS body’s staff are providing on-the-job training (eg refresher or skills
                                           updating courses) for health care professionals, the trainees are covered by NHS
                                           Indemnity whether they are normally employed by the NHS or not.

                                     30.   Are Independent midwives covered?
                                           Independent midwives are self-employed practitioners. In common with all other health
                                           care professionals working outside the NHS, they are responsible for making their own
                                           indemnity arrangements.

                                     31.   Are overseas doctors who have come to the UK temporarily, perhaps to
                                           demonstrate a new technique, covered?
                                           The NHS body which has invited the overseas doctor will owe a duty of care to the
                                           patients on whom the technique is demonstrated and so NHS indemnity will apply. NHS
                                           bodies, therefore, need to make sure that they are kept informed of any such
                                           demonstration visits which are proposed and of the nature of the technique to be
                                           demonstrated. Where visiting clinicians are not formally registered as students, or are]]></page><page Index="19"><![CDATA[not employees, an honorary contract should be arranged.                          NHS Indemnity

           32.   Are staff who are qualified in another member state of the European Union covered?
                 Staff qualified in another member state of the European Union, and who are undertaking an
                 adaptation period in accordance with EEC directive 89/48EEC and the European Communities
                 (Recognition of Professional Qualifications) Regulations 1991 which implements EEC
                 Directive 89/48/EEC) and EEC Directive 92/51/EEC, must be treated in a manner consistent
                 with their qualified status in another member state, and should be covered.]]></page><page Index="20"><![CDATA[Annex B



                                     Indemnity for Clinical Studies

                                     Sponsored by Pharmaceutical companies


                                     Section One


                                     1.    Clinical research involving the administration of drugs to patients or non-patient human
                                           volunteers is frequently undertaken under the auspices of
                                           Health Authorities or NHS Trusts.

                                     2.    When the study is sponsored by a pharmaceutical company, issues of liability and
                                           indemnity may arise in case of injury associated with administration of
                                           the drug or other aspects of the conduct of the trial.

                                     3.    When the study is not sponsored by a company but has been independently organised by
                                           clinicians, the NHS body will carry full legal liability for claims
                                           in negligence arising from harm to subjects in the study.

                                     4.    The guidance in Section 2 and the Appendix has three purposes:


                                           •    to ensure that NHS bodies enter into appropriate agreements which will provide
                                                indemnity against claims and proceedings arising from
                                                 company-sponsored clinical studies;

                                           •    to ensure that NHS bodies, where appropriate, use a standard form of agreement
                                                 (Appendix) which has been drawn up in consultation with
                                                the Association of the British Pharmaceutical Industry (ABPI);
                                           •    to advise Local Research Ethics Committees (LRECs) of the standard form of
                                                 agreement.


                                     Section Two


                                     1.    A wide variety of clinical studies involving experimental or investigational use of drugs
                                           is carried out within NHS bodies. This includes studies in patients (clinical trials) and
                                           studies in healthy human volunteers. They may involve administration of a totally new
                                           (unlicensed) drug (active substance or ~NAS’) or the administration of an established
                                           (licensed) drug by a novel route, for a new therapeutic indication, or in a novel
                                           formulation or combination.

                                     2.    Detailed guidance on the design, conduct, and ethical implications of clinical studies is
                                           given in:


                                                HSG(91)5:  Local Research Ethics Committees (with accompanying booklet).
                                                NHS Executive:  1991;

                                                 Guidelines for Medical Experiments in non-Patient Human Volunteers]]></page><page Index="21"><![CDATA[ABPI:1988, amended 1990;                                                                NHS Indemnity


           Research Involving Patients, Royal College of Physicians of London:
           1990;

            Guidelines in the Practice of Ethics Committees in Medical Research,
           2nd edition; Royal College of Physicians of London:  1990;

            Clinical Trial Compensation Guidelines ABPI:  1991



           3.    The Medicines Act 1968 provides the regulatory framework for clinical studies involving
                 administration of drugs to patients. Drugs which are used in a sponsored* clinical study in
                 patients will be the subject of either a product licence (PL), a clinical trial certificate (CTC), or
                 clinical trial exemption (CTh) which is held by the company as appropriate. A non-sponsored
                 study conducted independently by a practitioner must be notified to the Licensing Authority
                 under the Doctors and Dentists Exemption (DDX) scheme. Studies in healthy volunteers are not
                 subject to regulation under the Medicines Act and do not require a CTC, Cm, or DDX. Further
                 particulars of these arrangements are provided in Medicines Act leaflet M}U 30: A guide to the
                 provisions affecting doctors and dentists (DHSS: 1985).


           4.    Participants in a clinical study may suffer adverse effects due to the drug or clinical procedures.
                 The appendix to this annex is a model form of agreement between the company sponsoring a
                 study and the NHS body involved, which indemnifies the authority or trust against claims and
                 proceedings arising from the study. The model agreement has been drawn up in consultation
                 with the Association of the British Pharmaceutical Industry
                 (ABPI).

           5.    This form of indemnity will not normally apply to clinical studies which are not directly
                 sponsored by the company providing the product for research, but have been independently
                 organised by clinicians. In this case, the NHS body will normally carry full legal liability for any
                 claims in negligence arising from harm to subjects in the study.


           6.    The NHS body will also carry full legal liability for any claims in negligence (or compensation
                 under the indemnity will be abated) where there has been significant non-adherence to the agreed
                 protocol or there has been negligence on the part of an NHS employee, for example, by failing to
                 deal adequately with an adverse drug reaction.


           7.    The form of indemnity may not be readily accepted by sponsoring companies outside the UK or
                 who are not members of the ABPI.  NHS bodies should, as part of their risk management,
                 consider the value of indemnities which are offered and consider whether companies should
                 have alternative arrangements in place.







           *A sponsored study may be defined as one carried out under arrangements made by or on behalf of the company who
           manufactured the product, the company responsible for its composition, or the company selling or supplying the product.]]></page><page Index="22"><![CDATA[NHS Indemnity Several health authorities and trusts have independently developed forms of
                                           indemnity agreement. However, difficulties have arisen when different
                                           authorities have required varying terms of indemnity and this has, on
                                           occasion, impeded the progress of clinical research within the NHS.
                                           Particular difficulties may arise in large multi-centre trials involving many NHS
                                           bodies when it is clearly desirable to have standardised terms of indemnity to
                                           provide equal protection to all participants in the study.


                                     9.    Responsibility for deciding whether a particular company-sponsored research
                                           proposal should proceed within the NHS rests with the Health Authority or
                                           Trust within which the research would take place, after consideration of
                                           ethical, clinical, managerial, financial, resource, and legal liability issues. The
                                           NHS body is responsible for securing an appropriate indemnity agreement
                                           and should maintain a register of all clinical studies undertaken under its
                                           auspices with an indication whether it is a company-sponsored study and, if
                                           so, with confirmation that an indemnity agreement is in place. If for any
                                           reason it is considered that the model form of indemnity is not appropriate or
                                           that amendments are required, the NHS body involved should seek legal
                                           advice on the form or amendments proposed.


                                     10.   Even when the model form of indemnity is agreed, the NHS body should satisfy itself
                                           that the company sponsoring the study is substantial and reputable and has appropriate
                                           arrangements in place (for example insurance cover) to support the indemnity. The NHS
                                           body will carry full liability for any claims in negligence if the indemnity is not honoured
                                           and there is not supporting insurance.


                                     11.   Where a clinical study includes patients or subjects within several NHS bodies, for
                                           example in a multi-centre clinical trial, it is necessary for each Authority or Trust to
                                           complete an appropriate indemnity agreement with the sponsoring company.

                                     12.   Where independent practitioners, such as general medical practitioners, are engaged in
                                           clinical studies, Health Authorities should seek to ensure that such studies are the subject
                                           of an appropriate indemnity agreement. It is good practice for the GP to notify the Health
                                           Authority of his participation in any clinical study.


                                     13.   Clinical investigators should ensure that details of any proposed research study are
                                           lodged with the appropriate NHS body and should not commence company-sponsored
                                           research unless an indemnity agreement is in place.

                                     14.   Local Research Ethics Committees (LREC5) provide independent advice to
                                           NHS and other bodies and to clinical researchers on the ethics of proposed
                                           research projects that involve human subjects [TISG(91)5]. Clinical
                                           investigators should not commence any research project involving patients or
                                           human volunteers without LREC agreement. Acceptance of the ABPI
                                           guidelines and the terms of the model indemnity agreement should normally
                                           be a condition of LREC approval of any pharmaceutical company sponsored
                                           project.]]></page><page Index="23"><![CDATA[Annex B: Appendix





           Form of Indemnity for Clinical Studies



           To:         [Name and address of sponsoring company] (“the Sponsor”)

           From:       [Name and address of Health Authority/Health Board/NHS Trust] (“the Authority”)


           Re:         Clinical Study No [ ] with [name of product]



           1.    It is proposed that the Authority should agree to participate in the above sponsored study (“the
                 Study”) involving [patients of the Authority]  [non-patient volunteers] (“the Subjects”) to be
                 conducted by [name of investigator(s)] (“the Investigator”) in accordance with the protocol
                 annexed, as amended from time to time with the agreement of the Sponsor and the Investigator
                 (“the Protocol”). The Sponsor confirms that it is a term of its agreement with the Investigator that
                 the Investigator shall obtain all necessary approvals of the applicable Local Research Ethics
                 Committee and shall resolve with the Authority any issues of a revenue nature.


           2.    The Authority agrees to participate by allowing the Study to be undertaken on its premises
                 utilising such facilities, personnel and equipment as the
                 Investigator may reasonably need for the purpose of the Study.

           3.    In consideration of such participation by the Authority, and subject to paragraph 4 below, the
                 Sponsor indemnifies and holds harmless the Authority and its employees and agents against all
                 claims and proceedings (to include any settlements or ex-gratia payments made with the consent
                 of the parties hereto and reasonable legal and expert costs and expenses) made or brought
                 (whether successfully or otherwise):

                 (a)   by or on behalf of Subjects taking part in the Study (or their dependants) against the
                      Authority or any of its employees or agents for personal injury (including death) to
                       Subjects arising out of or relating to the administration of the product(s) under
                      investigation or any clinical intervention or procedure provided for or required by the
                      Protocol to which the Subjects would not have been exposed but for their participation in
                      the Study.


                 (b)   by the Authority, its employees or agents or by or on behalf of a Subject for a declaration
                      concerning the treatment of a Subject who has
                       suffered such personal injury.


           4.    The above indemnity by the Sponsor shall not apply to any such claim or proceeding:



                                                                                                             17]]></page><page Index="24"><![CDATA[NHS Indemnity                   4.1   to the extent that such personal injury (including death) is caused by the negligent
                                                 or wrongful acts or omissions or breach of statutory duty
                                                 of the Authority, its employees or agents;

                                           4.2   to the extent that such personal injury (including death) is caused by the failure of
                                                 the Authority, its employees, or agents to conduct the
                                                 Study in accordance with the Protocol;


                                           4.3   unless as soon as reasonably practicable following receipt of notice of such claim
                                                 or proceeding, the Authority shall have notified the Sponsor in writing of it and
                                                 shall, upon the Sponsor’s request, and at the Sponsor’s cost, have permitted the
                                                 Sponsor to have full care and control of the claim or proceeding using legal
                                                 representation of its own choosing;


                                           4.4   if the Authority, its employees, or agents shall have made any admission in
                                                 respect of such claim or proceeding or taken any action relating to such claim or
                                                 proceeding prejudicial to the defence of it without the written consent of the
                                                 Sponsor such consent not to be unreasonably withheld provided that this
                                                 condition shall not be treated as breached by any statement properly made by the
                                                 Authority, its employees or agents in connection with the operation of the
                                                 Authority’s internal complaint procedures, accident reporting procedures or
                                                 disciplinary procedures or where such statement is required by law.


                                     5.    The Sponsor shall keep the Authority and its legal advisers fully informed of the progress
                                           of any such claim or proceeding, will consult fully with the Authority on the nature of
                                           any defence to be advanced and will not settle any such claim or proceeding without the
                                           written approval of the Authority (such approval not to be unreasonably withheld).

                                     6.    Without prejudice to the provisions of paragraph 4.3 above, the Authority will use its
                                           reasonable endeavours to inform the Sponsor promptly of any circumstances reasonably
                                           thought likely to give rise to any such claim or proceeding of which it is directly aware
                                           and shall keep the Sponsor reasonably informed of developments in relation to any such
                                           claim or proceeding even where the Authority decides not to make a claim under this
                                           indemnity. Likewise, the Sponsor shall use its reasonable endeavours to inform the
                                           Authority of any such circumstances and shall keep the Authority reasonably informed of
                                           developments in relation to any such claim or proceeding made or brought against the
                                           Sponsor alone.


                                     7.    The Authority and the Sponsor will each give to the other such help as may reasonably be
                                           required for the efficient conduct and prompt handling of any claim or proceeding by or
                                           on behalf of Subjects (or their dependants) or concerning such a declaration as is referred
                                           to in paragraph 3(b) above.















                                                                                                     NHS Indemnity]]></page><page Index="25"><![CDATA[8.    Without prejudice to the foregoing if injury is suffered by a Subject while participating in the
                 Study, the Sponsor agrees to operate in good faith the Guidelines published in 1991 by The
                 Association of the British Pharmaceutical Industry and entitled “Clinical Trial Compensation
                 Guidelines” (where the Subject is a patient) and the Guidelines published in 1988 by the same
                 Association and entitled “Guidelines for Medical Experiments in non-patient Human
                 Volunteers” (where the Subject is not a patient) and shall request the Investigator to make clear
                 to the Subjects that the Study is being conducted subject to the applicable Association
                 Guidelines.

           9.    For the purpose of this indemnity, the expression “agents” shall be deemed to include without
                 limitation any nurse or other health professional providing services to the Authority under a
                 contract for services or otherwise and any person carrying out work for the Authority under such
                 a contract connected with such of the Authority’s facilities and equipment as are made available
                 for the Study under paragraph 2 above.

           10.   This indemnity shall be governed by and construed in accordance with English/Scottish* law.





           SIGNED on behalf of the Health Authority!
           Health Board/NHS Trust                      ........................................................................
                                                                             Chief Executive/
                                                                      District General Manager








           SIGNED on behalf of the Company









                                                      Dated












           *     Delete as appropriate]]></page><page Index="26"><![CDATA[Annual report and accounts


             2021/22






             HC 436





































































            Advise / Resolve / Learn]]></page><page Index="27"><![CDATA[NHS Resolution



         Annual  report and accounts



         2 0 2 1 / 2 2




         For the period  1  April 2021  to 31  March 2022

         Presented to Parliament pursuant to Paragraph 6 of
         Schedule  15 of the National  Health Service Act 2006.


         Ordered  by the  House of Commons to be printed  20 July 2022.

























         HC 436]]></page><page Index="28"><![CDATA[O G L





       © Crown copyright 2022
       This publication is licensed under the terms of the Open  Government Licence v3.0 except
       where otherwise stated. To view this licence, visit www.nationalarchives.aov.uk/doc/
       open-aovernment-licence/version/3/.
       Where we have identified any third-party copyright information you
       will  need to obtain  permission from the copyright holders concerned.
       This publication is available at www.gov.uk/official-documents.
       Any enquiries regarding this publication should  be sent to NHS Resolution
       8th Floor, 10 South Colonnade, Canary Wharf, London, E14 4PU.


       ISBN:  978-1-5286-3647-6

       E02775621  07/22


       Printed on  paper containing 40%  recycled fibre content minimum.
       Printed  in the UK by HH Associates Ltd on  behalf of the Controller
       of Her Majesty's Stationery Office.]]></page><page Index="29"><![CDATA[Contents




             Performance report

             Overview                                                                                          7

             Chair's welcome                                                                                   8
             Chief Executive's report                                                                         12
             Performance summary                                                                              15

             Performance summary                                                                              16
             Operational  performance -  how we performed against our 2021/22  priorities                     19
             The environment we work in                                                                       24
                The legal environment                                                                         24
                The health  landscape                                                                         24
                Key risks and  issues                                                                         25
                Going concern                                                                                 27

             Performance analysis                                                                             29
             Our continued focus on  making maternity care safer                                              30
             Our strategic priorities                                                                         47
             Key performance indicators                                                                       47
             Finance report                                                                                   55




             Corporate governance report                                                                      66

             Directors' report                                                                                66
                Statement of Accounting Officer's responsibilities                                            67
                Governance statement                                                                          68
             Remuneration and staff report                                                                    85


             Parliamentary accountability and audit report                                                   107


             The certificate and report of the Comptroller and Auditor General to the Houses of Parliament   108




             Statement of comprehensive net expenditure for the year ended 31  March 2022                    114
             Statement of financial  position as at 31  March 2022                                           11 5
             Statement of cash flows for the year ended 31  March 2022                                       117
             Statement of changes in taxpayers' equity for the year ended 31  March 2022                     118
             Notes to the accounts                                                                           120




             Glossary                                                                                        158
             Appendix:  Our indemnity schemes                                                                159]]></page><page Index="30"><![CDATA[]]></page><page Index="31"><![CDATA[NHS Resolution      Annual report and accounts 2021/22





             Performance


             report


             Overview]]></page><page Index="32"><![CDATA[8                                                                                   Performance report





       Chair's welcome



       2021/22 was a pivotal year for NHS  Resolution and the services we provide for the
       National  Health Service and  its patients and staff. Against the background of ongoing
       disruption caused by the Covid-19 pandemic, this year marked the completion of our

       former five-year strategy, creating a firm foundation for the generation of our approach
       for the next three-years outlined in Advise, resolve and learn: Our strategy to 2029.


                                                           No strategy can  predict all events and our five-year
                                                           programme was influenced  by new Government
                                                           requests (e.g. the general  practice indemnity
                                                           schemes) and the Covid-19 pandemic (for
                                                           example, the coronavirus indemnity schemes).
                                                           Our operating model,  partnering with our legal panel,
                                                           allowed  us to flexibly respond to new priorities without
                                                           significantly affecting  progress towards our strategic
                                                           aims and we took the opportunity to refresh the
                                                           strategy in 2019 to ensure continued  relevance.
                                                           Irrespective of all the above achievements, the cost to the
                                                           public purse of responding to clinical negligence continued
                                                           to rise over the last year with damages payments under
                                                           secondary care clinical schemes increasing by  10.3%
                                                           to £1.775 billion and claimant and  NHS legal costs also
                                                           rising, the latter at a slower rate than the former. The
                                                           biggest single influence on our provision  remains the
                                                           long-term discount rates set by HM Treasury to place a
                                                           value in today's prices on  payments against claims that
                                                           we expect to make many years into the future. The 2021
                                                           discount rate reductions have increased the forward
       The last five years have seen what was the NHS Litigation
                                                           provision by £42.6 billion to £128.6 billion. This is an
       Authority (NHSLA) truly develop and change into
                                                           accounting provision that will further change with future
       NHS Resolution,  not only in  name but in substance.  rate changes. Another important figure to focus on is the
       There can  be no greater illustration of that than the   provision for CNST for claims arising from incidents in
       graph on  page 38, which shows a fundamental shift   2021/22, which is £13.3 billion, a figure we have referred
       from formal  litigation towards non-litigated claim   to previously as the  "annual cost of harm".  Removing
       resolution  methods, which are invariably less adversarial   the effect of the HM Treasury discount rate change
       and often better for patients and staff alike.      translates this figure to £8.7 billion which  is comparable
       By way of a  reminder of our journey over the       to previous years, while remaining a very significant sum.
       last five years -  our strategy was shaped  by three
                                                           The key contributor to this is the cost of maternity
       key themes:
                                                           related claims which make up 62%  of secondary care
       •  Proactively driving a less adversarial system    clinical claims by value and  12%  by volume,  hence our
       •  Using our expertise and data to improve safety   continued focus on supporting improvements in maternity
                                                           care and the magnification of this priority within our
       •  Delivering greater value
                                                           new strategy.  Our Early Notification Scheme is providing
       and delivered by an organisation which capitalised
                                                           contemporary safety feedback for the NHS (rather than
       on the synergy generated by the former NHSLA,
                                                           delayed by several years following a mature claim) and
       National Clinical Assessment Service and Family
                                                           supporting families better with earlier admissions of
       Health Services Appeal Unit becoming integrated
                                                           liability and  interim payments where appropriate.
       as NHS  Resolution. A summary of the achievements
       of that strategy is set out on  page  12.

        https://resolution.nhs. uk/2022/05/19/nhs-resolution-strateav-to-2025-published/]]></page><page Index="33"><![CDATA[NHS Resolution      Annual report and accounts 2021/22










            The Maternity Incentive Scheme continues to mature   We were increasingly concerned to understand
             and develop, driving and assuring the delivery of   and amplify the impact of our activities,  particularly
             a range of safety related actions, determined by    in Safety and Learning, and commissioned
             a multiagency expert group,  by all providers.      academic partners to help us rigorously evaluate
                                                                 our work. They will  report in 2022.
            Also encouraging is that the number of Clinical
             Negligence Scheme for Trusts (CNST) claims reported to   We supported a range of policy developments and
             us has remained essentially static over recent years, with   inquiries with information and analysis. We await the
             a rate reduction when standardised against growing NHS   outcome of the Fixed recoverable costs in tower value
             activity.  In 2021/22 there was a reduction of 534 clinical   clinical negligence consultation and also the forthcoming
             claims (or 5%) compared to the previous year. We see   Government consultation on the future of clinical
            this as likely to be related to restrictions caused by the   negligence, which  is the product of ongoing work across
             pandemic and we consequently expect to see an increase   Government departments following the Public Accounts
             in levels in future.  However, the additional claims impact   Committee recommendations in November 2017.
             of actions taken by the NHS to manage the pandemic   In 2021/22 our two major multi-year change programmes
             are difficult to predict and will unfold over time as the   began on the ground  in earnest, aimed at reforming
             average lag from an  incident occurring to a claim being   our claims operating  model and aligning us to the
             lodged is around three years.  Our overall clinical claims   new regionalised NHS and social care landscape of
             and incidents reported has sharply increased,  but this is   integrated care systems and radically replacing our
             predominantly due to NHS Resolution now managing    legacy IT systems and enhancing our information
             primary care claims that were previously the responsibility   capability. The combined and  related  impacts of these
             of other bodies, which has also required growth in our   two major change programmes will be a step change
             staff numbers to provide these new, additional services.  in efficiency and effectiveness with  better,  more
                                                                 informed services for our scheme members and optimal
             Our wider performance analysis is set out from page 29.
                                                                 insight delivered for our own  use and,  perhaps more
             It identifies that the majority of our key performance
                                                                 importantly, in concert with other system partners to
             indicators have been  met and, where they have not
                                                                 drive evidence-based  improvement within the NHS.
             been met,  provides an explanation as to the reason.
             Moving forward, we are a growing organisation with   During the year we had a number of changes to the
             new duties added to our portfolio and also major change   Board, saying goodbye to our former Chair Martin Thomas
             programmes underway. This combination changes our   and also our longest standing Non-Executive Director Keith
             risk profile and we will  mitigate this through further   Edmonds. We welcomed  new non-executive directors,
             developing our corporate risk management approach.  namely Janice Barber and Dame Lesley Regan, who bring
             Our governance in-year was enhanced by the institution   a wealth of additional knowledge and experience of legal
             of a  People Committee as a formal sub-committee    and clinical areas respectively.  I would like to thank all
             of the Board, ensuring we have additional scrutiny of   Board colleagues, past and present, for their expertise and
             people and organisational development matters.      contributions which have shaped our strategy and delivery.

            With the pandemic continuing to profoundly affect the   I would also like to thank our CEO and  Executive Team
             NHS and other public services, we did what we could to   and our wonderful staff who continued to deliver what
             reduce the burden on NHS staff, while also supporting   was asked of them, and more,  in sometimes difficult
            the health and wellbeing of our own staff while they   and challenging circumstances. That also goes for our
            worked in a number of new ways and latterly in new   many partners and not least our Legal  Panel, who
             locations in  both  London and Leeds.  Long-held plans   again  had to adapt quickly to new circumstances.
            were implemented under our Ways of Working (WoW)     As we look forward to 2022/23 and delivering year
             programme to improve the working conditions and     one of our new strategy, we have every reason to
             processes for our staff while reducing the cost and   believe that our progress will continue based on
             increasing the efficiency of our offices, and were flexible   the foundation built over the last five years and
             enough to accommodate the now mainstream 'hybrid'   we remain ambitious to deliver increasing benefits
             approach.  Staff transferred to new office locations in   for the people we serve and for the NHS.
             both London and  Leeds which  has enhanced the working
             environment while also allowing for more efficient   Mike Pinkerton
            working practices and  reduced estates 'footprint'.  Interim Chair]]></page><page Index="34"><![CDATA[10                                                                                  Performance report





       Chief Executive's report



       2021/22  marks the final year of our five-year strategy,  'Delivering fair resolution and
       learning from harm',  and sets the scene for our strategy for the next three years.
       Our new strategy sets out how we will continue to build on the progress made

       and as such  it does not represent a fundamental change in direction.




                                                           We are also more frequently taking the decision to
                                                           pursue a custodial sentence through contempt of
                                                           court proceedings for those who bring exaggerated
                                                           or fabricated claims as described at page 42.
                                                           Our Early Notification (EN) Scheme for obstetric cerebral
                                                           palsy is singled out as an exemplar of our upstream
                                                           approach and  progress is reported from  page 30. This is
                                                           an  innovation which aims to demonstrate over time that
                                                           early intervention can  bring benefits for all those affected
                                                           by negligent care,  as well as real time improvements in
                                                           safety and,  ultimately,  reductions in associated costs. As
                                                           the EN Scheme reaches a tipping point, where the cases
                                                           investigated  in the first year would  have been expected
                                                           to reach us under the traditional  model, we plan to
                                                           evaluate the scheme to inform its future development.
                                                           As with any strategy, critical to our success has been
                                                           the need to adapt rapidly to the unexpected.  In 2018
       This is because we believe that the central tenet of
                                                           we were asked to deliver new indemnity schemes for
       an  upstream approach to resolving the things that
                                                           general  practice. At pages 36 and 37 of our report we
       are our core business, namely compensation claims,
                                                           describe how these new schemes, which  involved the
       performance concerns and contracting disputes,
                                                           Government's acquisition of historical claims as well
       continues to hold true.  Both we and those we work
                                                           as responsibility for new ones, have led to a growing
       with can have the most impact by learning from what
                                                           portfolio. The main scheme -  Clinical  Negligence Scheme
       happened to prevent a recurrence and by taking
                                                           for General  Practice -  will, as expected, gather pace as
       action to prevent an  issue escalating unnecessarily
                                                           more and  more incidents fall within  its scope. The general
       into distressing and expensive formal processes.
                                                           practice schemes are now feeding more substantially
       The issues we deal with are complex and the initiatives   into our reporting on clinical claims, providing a more
       we have launched during the last five years have been   complete picture of clinical negligence in the NHS.  For
       aimed at long term and sustainable change. We have   example, at page 36 we illustrate how claims in secondary
       worked  hard to achieve a shift in adversarial environment   care have fallen in  number (our Clinical  Negligence
       to one where formal  litigation has fallen year on year to   Scheme for Trusts) but how the addition of the new
       an all-time low, and where dispute resolution outside   general  practice schemes means that our incoming and
       of the court system or other formal  processes is no
                                                           settled clinical claims numbers are rising overall.  This
       longer exceptional or novel. This has not resulted in a
                                                           entails increased activity by our organisation,  particularly
       less rigorous approach. As set out at page 36 of this
                                                           when coupled with the acceleration of investigations
       report we continue to resolve a  high and  increasing
                                                           under our EN Scheme by several years. We have laid
       number of claims without payment of damages,
                                                           the groundwork to manage this increased workload
       preserving  millions of pounds of public funds, while
                                                           with a planned expansion of our workforce and two
       resolving claims where compensation is due fairly and
                                                           major change programmes in claims management and
       as quickly as we can.  In addition, as we illustrate on
                                                           IT. We aim to make the very most of the opportunities
       pages 40 to 42 of this report, we also continue to bring
                                                           presented by our expanded  remit to drive efficiencies
       our more than 25 years' expertise in  healthcare claims
                                                           and improvements to our services across the board.
       to the management of cases in the higher courts which
       determine the boundaries of the law in the future.]]></page><page Index="35"><![CDATA[NHS Resolution      Annual report and accounts 2021/22                                            11























            The second  unexpected development has of course     This is another reason why partnership working  is so
             been the Covid-19 pandemic, which  has permeated    important to us.  Nothing that we set out to achieve
             every aspect of our work in 2021/22,  ranging from the   can  be done alone, and  in that regard we are indebted
             increased support provided to our own staff described   to our partners across health and justice who have
             at page 81, to the rapid  launch and delivery of new   worked with  us to deliver against shared objectives.
             indemnity schemes to respond to the pandemic        Our Maternity Incentive Scheme is a great illustration
             healthcare arrangements. The pandemic has also      of this, demonstrating how the pricing of indemnity
             caused  us to make changes to the way in which we   schemes can  be called  into action to drive improvements
             operate and to our services, such as the pause to the   in safety which are curated by others such as the royal
             Maternity Incentive Scheme to relieve the burden on   colleges. We are particularly grateful this year to the
            frontline services. Wherever possible, we have drawn on   members of our new Maternity Voices Partnership
             pandemic arrangements as a way to accelerate change   who are helping us to develop our services in a way
             and to innovate. This includes increased collaboration   which  is better connected with the needs of patients
            to circumvent constraints in the justice system and the   and families.  I would also like to thank the clinical
             remote delivery of services such as online mediation,   staff who have generously given up their time and
            the first virtual  performance assessments and  remote   expertise to inform our work in  learning from claims.
             site visits in our Primary Care Appeals service.
                                                                 Finally,  I want to take this opportunity to pay tribute
            A constant,  however, has been the continued  rise in   to our incredible staff who go above and  beyond
            the costs of compensation claims for clinical negligence.   every day to deliver to the best of their ability for the
            The dominant feature of our accounts this year is the   NHS and the patients we all work for.  I am looking

             51 %  increase in the provision from £85.2  billion1to   forward to working with them all, and with our
             £128.6 billion. This increase is almost entirely due to a   partners and sponsoring department, as we enter our
             downward adjustment in the prescribed  HM Treasury   new three-year strategy, 'Advise,  resolve and  learn'.
             discount rate. This is a technical accounting feature but
                                                                 Helen Vernon
             illustrates the sensitivity of our accounts to adjustments in
                                                                 Chief Executive
            the assumptions used of which this is one number.  Claims
             inflation,  in the meantime,  has slightly abated, with
             increasing evidence that the long-term trend is below
             levels previously assumed. While this is positive news, the
             overall trajectory remains upwards and of concern. This
             has recently been examined by the Health and Social Care
             Select Committee and where Government has announced
             an  intention to consult on a range of approaches to
             address rising clinical  negligence costs. We look forward
            to continuing to support this work that, as the National
            Audit Office identified  in 2017,  is a cross-government
             matter, which cannot be addressed  by NHS Resolution or
            the Department of Health and Social Care in  isolation.





              The opening balance at  1 April  2020 and  closing balance at 31  March  2021  have been  increased  by £2,790  million  and  £2,457  million

              respectively to  reflect a  prior period adjustment for 2020/21  in  respect of the revaluation of the  known claims provision.  See  Note 7.4
              for further details of the  revaluation.]]></page><page Index="36"><![CDATA[12                                                                                  Performance report




       Delivery of NHS Resolution's strategy

       from 2017 to 2022: A summary

       Proactively driving a  less                         Using our expertise and data to
       adversarial system                                  improve safety

       1. Began our claims mediation service in  December   8. Launched the Maternity Incentive Scheme
         2016 and by 2018 saw  189 cases mediated against    (MIS) in  November 2017 working with the
         target of 50.  Mediation has since dramatically      National  Maternity Safety Champions and all
         increased  in size and scale. Our litigation  rate has   other key system partners. The MIS has strongly
         decreased every year over the strategy period.       incentivised providers to implement a  progressively
                                                             developing  range of actions agreed  by maternity
       2. Launched the maternity Early Notification (EN)
                                                             experts to be crucial in  improving safety.
         Scheme in April 2017 to transform the management
         of complex maternity incidents and  related claims,   9.  Partnered with others to advance maternity
         reducing the time from incident to notification       safety through engagement with the royal
         from years to weeks and allowing  much earlier        colleges and  membership of the Maternity
         admissions of liabilities where appropriate as well as   Transformation Programme Board.
         provision of financial and other support to families.
                                                           10.  Published a landmark clinically led review of
       3. Introduced the Assisted  Mediation and  Professional   cerebral palsy claims in September 2017: the first
         Support and  Remediation services in 2017 to help     time we used our data in collaboration with other
         clinicians return to safe and effective practice.     parts of the health system. This was followed by the
                                                               publication of our Learning from suicide-related claims
       4. Piloted then  instituted team reviews in
                                                               report in 2018/19 and the programme continues
         2019/20 to reflect and support the reality
                                                               in 2022 with reports on emergency department
         of modern  multidisciplinary care.
                                                               themes drawn from our claims information.
       5. Delivered new assessment models in relation to
                                                           11.  Instituted a Faculty of Learning in 2017 which
         performance and behaviour of practitioners in 2020/21.
                                                               curates an ever-expanding range of publications,
       6. Researched and  published on  patients'              reports and Advice Insights and which also
         motivation in  bringing claims in 2018/19.  This      influences face-to-face through provider
         remains a key evidence base for change in the         visits and regional and national events.
         management of the NEIS response to harm.
                                                           12.  Created the Significant Concerns Framework
       7. Published to support more effective local  resolution/   in 2019/20 which is designed to ensure we
         management of issues and the development of a         are using our information to help identify or
         just and  learning culture in the NEIS including:     validate emergent patient safety concerns.
         •  Duty of Candour publications in 2018           13.  Shared enhanced claims scorecards with
                                                               our NEIS trust members from July 2017
         •  Being Fair in 2019
                                                               onwards to help individual trusts self-identify
         •  Duty of Candour animation in 2022.                 specialities and issues for improvement.
                                                           14.  Improved our effectiveness by building our business
                                                               intelligence capacity and capability,  implementing
                                                               a new finance system and  recruiting our first Chief
                                                               Information Officer in 2020. This laid the platform
                                                               for the start of our Core Systems Programme
                                                               to replace our legacy systems and  modernise
                                                               our working and data capability in 2021/22.

                                                           15.  Collaborated with Getting It Right First Time
                                                               (GIRFT) since 2017 to improve safety and increase
                                                               transparency around our data through the publication
                                                               of various specialty reports as well as publishing the
                                                               Learning from Litigation Claims guide in 2021.]]></page><page Index="37"><![CDATA[NHS Resolution      Annual report and accounts 2021/22                                            13












             Delivering greater value
             16.  Prosecuted a landmark case in 2018 with a      27.  Adapted delivery models using  IT for a range of
                claimant being jailed for deliberately attempting to   services as a  result of the pandemic in 2020/21,
                defraud the NHS and deceive the Court. This has     some of which are being  retained going forwards
                since resulted  in a  number of similar judgements,   (e.g.  remote claims mediations, educational
                underlining and promoting our determination         events and virtual  practitioner assessments).
                to combat claims fraud and exaggeration.

             17.  Supported our staff through focused activity
                including  Investors in  People (IIP) Silver accreditation
                in  March 2020 and  launch of an equality, diversity
                and inclusion strategy,  refreshed  in 2022.
             18.  Retained our ISO 27001  accreditation in
                2018/19 and onwards, safeguarding our data.
             19.  Implemented the Clinical  Negligence Scheme
                for General  Practice (CNSGP) in April 2019. This
                has since then progressively integrated clinical
                indemnity cover for most NHS activities in
                England  under one roof and  has been supported
                by our partnerships with organisations like
                the Royal College of General  Practitioners.
            20.  Approved a business case in 2021  to modernise and
                improve the efficiency of our claims processes and
                align them to support the new NHS regional and
                integrated care landscape over the next three years.
            21.  Procured the Legal Costs Panel  in February 2020 and
                the Legal  Panel in December 2021  with new contracts
                designed to improve effectiveness and  reduce costs.
            22.  Established the Clinical  Negligence Scheme for
                Coronavirus (CNSC) and the Coronavirus Temporary
                Indemnity Scheme (CTIS) at short notice in 2020.

            23.  Trained NHS England staff using  principles
                emerging from  panel hearings to reduce
                preventable disputes developing in 2021.
            24.  Brokered a groundbreaking Covid-19 protocol
                with claimant representative bodies in 2020 to
                ensure that patients and NHS staff were not unduly
                affected  by the Covid-19 pandemic with  regards to
                working  between claimants and  NHS  Resolution.
            25.  Performed over 25,000 compliance checks
                for doctors so they could return to work to
                support the Covid-19 effort in 2020.

            26.  Convened a maternity safety surveillance
                group, working with  key health system partners
                to help identify potential trusts of concern
                during the Covid-19 pandemic in 2020.]]></page><page Index="38"><![CDATA[14]]></page><page Index="39"><![CDATA[NHS Resolution      Annual report and accounts 2021/22                                            15





             Performance


             report


             Performance

             summary]]></page><page Index="40"><![CDATA[16                                                                               Performance summary





       Performance summary



       This performance summary provides an overview of the work of NHS  Resolution,
       including the key enablers and  risks to achieving our objectives and a summary of
       activities we have undertaken over the past year.  In  particular,  it sets out the activity

       that meets the six priorities outlined  in our Business plan for 2021/221.  More detailed
       information  is included  in the Performance analysis section (from  page 29).  Our
       performance against key performance indicators (KPI) is covered from  page 48.




       Headlines

       In the year 2021/22 we saw a  record  high in the   A stark reminder that although the NEIS remains one of
       proportion of 77%  of claims settling without court   the safest healthcare systems in the world within which
       proceedings. This is evidence of our success in  keeping   to give birth, avoidable errors within  maternity can
       claims out of court by using the widest range of    have devastating consequences for the child,  mother
       approaches to dispute resolution available to us.  For   and wider family, as well as the NEIS staff involved.
       example, our Covid-19 Clinical Negligence Protocol,
                                                           The provision5 increased  by just over half (51 %) to
       launched in collaboration with claimant lawyers
                                                           £128.6 billion due largely to reductions in  HM Treasury
       in August 2020, continues to provide impetus to
       consider alternative means of resolution and avoid   long term and very long term discount rates.
                                  2
       litigation. Of the  16,484 settled1 clinical and  non­  Negligence claims form a very small  proportion of both

       clinical claims, 48.6%  settled without damages.    the number of incidents and complaints reported in the
       The volume of clinical  negligence claims and  reported   NEIS, and the many millions of individual episodes of
       incidents received  in-year increased from  13,351   care that are delivered  by the NEIS each year. There are
       to  15,078,  predominantly due to the continuing    many factors influencing the reasons why individuals
       maturity of our general  practice indemnity books   bring a claim against the NEIS,  including factors in the
       -  as we received 3,292  Existing Liability Scheme   legal  market6. There is also a significant time lag between
       for General  Practice (ELSGP) and  1,502 Clinical   an  incident occurring and a claim  being  received -  on
       Negligence Scheme for General  Practice (CNSGP)     average 3.1  years.  It may also take several years to settle
       claims, while volumes fell  marginally for the Clinical   a claim,  particularly those high value claims where brain
       Negligence Scheme for Trusts (CNST). Alongside this,   damage has occurred at birth, and  payments may be
       payments to claimants (damages) increased  by  10.3%,   made on those claims many years into the future.
       while claimant legal costs increased  by 5.1%.
                                                           Taken together, this means that what
       Payments for settled claims in 2021/22 increased
                                                           NHS Resolution receives in terms of claims
       by £199 million (8.8%) to £2.459 billion.
                                                           currently is only a very partial  indicator of:
       The overall cost of harm reached  £13.3  billion3 in relation
                                                           •  Patient safety in the NHS in past years; and also
       to our CNST, with  maternity claims making up 60%  of
       this figure -  hence our continued focus on this in our   •  What we can expect to pay out in settlement
       new three-year strategy, the importance of which was   of those claims in the future.
       yet further emphasised  by the Ockenden  Report4.


       1https://resolution.nhs.uk/wp-content/uploads/2021/06/Business-plan-2021  22.pdf.
       2 Settled claims include claims that have been agreed with ongoing periodical payment orders and claims where damages  have been agreed or successfully
        defended, and costs have yet to be agreed. This  differs from closed claims, which  do not include claims settled with  periodical  payment orders.
       3 The overall  cost of  harm  has increased from  £7.9 billion  last year. The HM Treasury discount rate  has  had a significant effect,  but we estimate that
        without it, the cost of harm would  have  increased to  £8.7  billion  due to the expectation of a  higher volume of claims from  increased  NHS activity.
       4 https://www.aov.uk/aovernment/publications/final-report-of-the-ockenden-review.
       5 The provision  is the best estimate of the expenditure required to settle the present obligation at the balance sheet date or transfer to a third party (for claims
        made and predicated to be made, so called 'incurred but not reported claims'). The figure is updated annually and  is an  informed estimate that depends on
        assumptions about future developments and therefore lies within a  range of possible results. When considering the provision,  it is important to note that if
        there is a value allocated to a future periodical payment order this will change in  response to changing  needs and the  lifespan of the claimant concerned.
       6 See Managing the costs o f clinical negligence in trusts,  NAO,  September 2017.]]></page><page Index="41"><![CDATA[NHS Resolution      Annual report and accounts 2021/22                                            17




























            Who w e are and w hat w e do
            We are an arm's length body of the Department        The strategic aims covered  by the reporting  period of
            of Health and Social Care tasked with:               this annual report and accounts for 2020/21  were:
             •  Providing  indemnity to the NHS for the risks    •  Resolution: Resolve concerns and disputes fairly
               involved  in delivering  healthcare services by:
                                                                 •  Intelligence: Provide analysis and expert
               - handling compensation claims, keeping             knowledge to drive improvement
                patients and  healthcare staff out
                                                                 •  Intervention: Deliver interventions that
                of court wherever possible;
                                                                   improve safety and save money
               - ensuring compensation  is both fair and timely
                                                                 •  Fit-for-purpose: Develop people,
                while combating exaggeration or fraud; and
                                                                   relationships and  infrastructure.
               - delivering  indemnity schemes that meet the
                continually evolving  needs of the healthcare system.  The successful delivery of these strategy aims and
                                                                 those outlined in Advise,  resolve and  learn:  Our
             •  Delivering expert advice and support on the
                                                                 strategy to 2025 will see us contribute to ensuring
               management of concerns about the performance
                                                                 indemnity arrangements are a driver for positive
               of doctors,  dentists and pharmacists;
                                                                 change across the healthcare system and reduce:
             •  Resolving contracting disputes between
                                                                 •  harm to patients;
               primary care contractors and commissioners
               of primary care, operating independently and      •  distress caused to both  patients and  healthcare
               transparently to reduce the need for such           staff involved when a claim or concern arises; and
               disputes to be managed via the courts; and
                                                                 •  the costs required to deliver fair resolution,
             •  Using our unique perspective across the causes     thereby releasing  public funds for other
               of claims, performance concerns and contracting     priorities,  including  healthcare.
               disputes to provide insights back to the NHS
               to help to improve safety and  manage risk.]]></page><page Index="42"><![CDATA[18                                                                               Performance summary





       Figure 1:
       Our strategic aims for 2022-25



       New strategic priorities








       Priority 1.               Priority 2.               Priority 3.               Priority 4.
       Deliver fair resolution.  Share data and            Collaborate to            Invest in our people &
                                 insights as a catalyst    improve maternity         systems to transform
                                 for improvement.          outcomes.                 our business.

       All of our services will   Ensuring that our unique   Bringing together key   Develop our people,
       focus on achieving fair and   datasets help derive usable   parties to determine what   systems and services so
       timely resolution, wherever   insights that benefit   further improvements    that we can continue
       possible keeping  patients   patients and the healthcare   can  be made within our   to deliver best value
       and  healthcare staff out   and justice systems.    areas of expertise to     for public funds.
       of formal processes to                              support the government's
       minimise distress and cost.                         maternity safety ambition.


       Our services

         Claims  Management                                  Primary Care Appeals
         Delivers expertise in handling both clinical and non­  Offers an impartial resolution service for the fair
         clinical claims through our indemnity schemes.      handling of primary care contracting disputes.



         Practitioner Performance Advice                     Safety and  Learning
         Delivers expert advice, support and interventions on   Supports the NHS, our members and beneficiaries to
         the fair management of concerns about the           better understand their claims risk profiles, to target
         performance of doctors, dentists and pharmacists.   their safety activity while sharing learning across the
                                                             system to improve patient care.



       Enabled  by

        Finance and                Digital,  Data and        Membership and            Policy, Strategy
        Corporate Planning         Technology                Stakeholder               and Transformation
                                                             Engagement



       Our values


         Professional: we are      Expert: we bring          Ethical: we are           Respectful: we
        dedicated to providing     unique skills, knowledge   committed to acting      treat people with
        a professional,  high      and expertise to          with honesty, integrity   consideration and
        quality service.           everything we do.         and fairness.             respect and encourage
                                                                                       supportive, collaborative
                                                                                       and inclusive team
                                                                                       working.]]></page><page Index="43"><![CDATA[NHS Resolution      Annual report and accounts 2021/22                                            19





             Operational performance -


             how we performed against


             our 2021/22 priorities


             Note that our performance with  regards to our role in maternity safety is discussed  in detail in
            the Performance analysis from page 29, and  is therefore excluded from the following summary.



               Priority 1                                     ■ Priority 2



               Deliver the  next  phase of our strategy to    H   Further develop our new indemnity
               move claims, concerns and  disputes            H   schemes (for general  practice and  Covid-19)
               into a  neutral  and  less adversarial  space   H   while  using  our expertise to support
                                                                   w ider improvements,  including  how
                                                                   healthcare-related  claims are  managed



               We have expanded the use of alternative dispute     In 2021/22 we successfully integrated claims
               resolution  initiatives across our core services. The   arising from historical  liabilities of current and
               Safety and  Learning mediation role,  launched  in   former general  practice members in  England
               April 2020,  has resulted in shared learning from   into our systems,  under the ELSGP. We have
               the majority of cases mediated. We have increased   continued to advise on additional indemnity
               our use of resolution (global settlement) meetings   arrangements in response to the pandemic,
               which  involve parties gathering to discuss, share and   including the extensions of the CNSC  and CTIS.
               agree solutions to progress a claim.  These meetings
                                                                   In February 2022 we launched our transformational
               were also convened to discuss a  number of claims
                                                                   Claims Evolution  Programme (CEP).  Through it we
               simultaneously, to save time and resources.
                                                                   aim to deliver a single,  integrated claims function
               'Stock-take' meetings involved formal meetings with
                                                                   that provides the best service we can to the NHS.
               claimant lawyers at fixed stages during a claim in a
                                                                   On  1 March 2022 we launched our new, flexible,

               collaborative approach, and  have proved successful
                                                                   regionally-focused  Legal Panel Service framework,
               in  reaching early resolution and  reducing costs.
                                                                   which promotes early investigation,  robust
               We are continuing to develop the early neutral      decision making and  proactive investigations.
               evaluation tool, which  involves appointing an
                                                                   In the interests of the wider NHS, we continue
               independent evaluator to assess cases in a non­
                                                                   to take cases to the higher courts in areas of the
               binding and non-prejudicial approach with  parties.
                                                                   law which need to be challenged.  Our Primary
               In other areas of resolution, we received 798       Care Appeals service has continued to determine
               requests for advice in 2021/22, via our Practitioner   complex and technical disputes.  During the year
               Performance Advice service, compared with 805  in   there have been two challenges, which are as
               the previous year.  There was an  increase in demand   yet undecided by the Court. The first relates to
               for our behavioural assessments (42 assessments)    payments to medical practitioners suspended
               and action  planning remediation services (44       from the medical performers list in 20151.
               cases), as well as our education programmes.        The second considers the termination of a GP
               Our Primary Care Appeals service received  128      contract without consideration of the Network
               cases in 2021/22, compared to  113 in 2020/21.      Contract Directed  Enhanced Service scheme.







             https://www.aov.uk/aovernment/publications/pavments-to-aps-suspended-from-medical-performers-list]]></page><page Index="44"><![CDATA[20                                                                               Performance summary




         Priority 3                                           Priority 4



         Build  on our unique  role  in  sharing              Responding to the changing  health
         learning from claims and concerns                    landscape  including  reviewing our
         back to the  health system,  in  particular          indemnity scheme  pricing  and the
         in  relation to the  interplay between               role of incentives in  light of
         general  practice and  secondary care and           wider system changes
         ho w to   respond when  harm occurs



         NHS  Resolution has a wealth of data which we have   The CNST pricing  methodology has incentives
         used to share intelligence and learning to support   built in to reflect the relative claims payments
         reduction of harm, such as claims scorecards,       experience of the CNST member.  Discussions have
         engagement events and thematic reviews. This         been ongoing with  NHS  England colleagues on
         supports the broader NHS safety architecture         how financial  incentives through the CNST pricing
         to learn from harm through, for example, the        and funding  methodology could  be enhanced
         reporting of incidents via the National Reporting   as the NHS moves to a post Covid-19 financial
         and  Learning System and investigations by trusts   and operating environment. This includes how
         and the Healthcare Safety Investigation  Branch. A   to respond to developments in establishing the
         significant amount of work has been undertaken      financial framework for integrated care boards
         on analysis of the first year of CNSGP as well as   (ICBs).  Over the last year, we have worked
         further work on  learning from claims for lower-    with  policy colleagues from DHSC  and NHS
         limb complications in the diabetic patient. Work     England to understand the implications arising
         continued on the development of our Faculty of      from the  Health and Care Bill5 to ensure that
         Learning1and in collaboration with our academic and   our indemnity schemes provide continuity of

         other partners to develop eLearning tools. We have   cover for new and  legacy organisations.
         continued to collaborate with NHS England (which
                                                             We are supporting the Health and Social Care
         legally merged with NHS Improvement as a result of
                                                             Secretary's technology vision by continuing to
         the Health and Care Act 2022) and have shared data
                                                              redevelop our IT systems and services. This will align
         with their Getting It Right First Time (GIRFT) team.
                                                             to the wider Government Cloud First strategy and,
         We continued to innovate and develop our Advice     wherever possible, will  use existing systems and
         and Appeals services. We have redesigned our        services on the NHS central platforms. A Court of
         regionally aligned service delivery in anticipation   Appeal ruling on Appeals interest payments has
         of integrated care systems (ICS) launching in July   meant that NHS Resolution as an adjudicator now
         2022.  Our Insights series2continues to support the   has a power to award  interest when  it finds that

         healthcare system to better understand, manage      a contractor has been  paid the wrong amount.
         and  resolve concerns about doctors, dentists or    An interim approach to the consideration and
         pharmacists. We have enhanced our behavioural       award of interest is available on our website6.
         assessments, and introduced virtual elements to our
         clinical performance assessments.  New products
         include an annual activity report for employing

                                                           1https://resolution.nhs.uk/facultv-of-learning/
         organisations, and a 'compassionate conversations'
                                                           2  https://resolution.nhs.uk/services/practitioner-
         learning programme.  Both pilots have been successful
                                                            performance-advice/insiahts/
         and will  be rolled out more widely over the course of
                                                           3  https://www.aov.uk/aovernment/publications/aovernment-response-
         2022/23.  In response to the Government's response   to-the-independent-inquirv-report-into-the-issues-raised-bv-former-
         to the independent inquiry report3into the issues   suraeon-ian-paterson/aovernment-response-to-the-independent-

                                                            inauirv-report-into-the-issues-raised-bv-former-suraeon-ian-paterson
         raised by former surgeon Ian Paterson, we published
         a suite of resources to help healthcare leaders make   4 https://resolution.nhs.uk/resources/insights-from-10-vears-
                                                            of-supportina-the-manaaement-of-exclusions/
         the right decisions on exclusions.  It was accompanied
         by a report on Insights from  10 years of supporting   5  Health and  Care Act 2022 -  Parliamentary Bills -  UK
                                                            Parliament:  https://bills.parliament.uk/bills/3022
         the management of exclusions in England4.
                                                           6 https://resolution.nhs.uk/wp-content/uploads/2021/03/NHS-
                                                            Resolution-approach-to-lnterest-Pavments-FINAL.pdf]]></page><page Index="45"><![CDATA[NHS Resolution      Annual report and accounts 2021/22                                            21




               Priority 5                                          Priority 6



               Develop and support our people                      Make a step change  in our
               through  a  period  of significant change,          technology and  data analytics
               building  on  our Investors in  People              capabilities and  infrastructure
               accreditation,  including  a  renewed  focus
               on  equality,  diversity and  inclusion





               We have relocated  both our Leeds- and London-      We are developing technology to make sure
               based staff into new, flexible Government Hub       our data is of the highest quality,  more easily
               offices, working in consultation with staff to make   manageable and accessible for analysis and
               sure that we capitalise on opportunities to improve   provision of insight. We are committed to
               the way that we work across the business. The       transparency in our policy to publish data either
               expansion of our Leeds office supports the Places for   directly, such as the Annual  Report Statistics, or
               Growth  Programme1, aligns with the Government's    indirectly via system partners such as GIRFT or
               Levelling  Up agenda and supports the Budget        Model Hospital while adhering to the General
               2020 Government commitment to relocating at         Data  Protection  Regulations (GDPR) framework.
               least 22,000 roles out of London  by 2030. This has   We are committed to an ambitious programme of
               included  building on the positive changes in working   change and growth through implementation of
               practices that were necessitated by the Covid-19    new operational IT systems and  infrastructure,  and
               pandemic, such as increasing the use of hybrid      the business model for the Claims Management
               work patterns thereby enabling us to recruit more   function.  Following our successful Core Systems
               broadly from across the UK.  Our ratio of desks to   procurement in August 2021, we are progressing
               employees is just over four desks per ten employees   with the development of our new IT platform to
               which  meets the Government target of not more      streamline our processes, to deliver more efficient
               than six desks per ten employees and allows         services and support our strategic priorities.
               for planned growth  in staff numbers. We have       We have started work to explore the potential
               modernised our internal communications,  launching   for Artificial  Intelligence in  relation to claims and
               a new intranet. Connect, for staff in July 2021.    have established a Data Science team to deepen
                                                                   our analytical capabilities.  Our IT team is now
               To support a consistent and fair approach towards
                                                                   more streamlined and responsive to the ever-
               staff in relation to incidents and errors, we are
                                                                   evolving threat to cyber and data security. We
               implementing a Just and  Learning Culture Charter.
                                                                   have adopted some of the NHS Digital sponsored
               Further action  is under way to incorporate the
                                                                   cyber security services, allowing  us access to
               values,  behaviours framework and the Just and
                                                                   specialist security expertise. We continue to test
               Learning Culture Charter within our policies and
                                                                   and  independently audit our systems to ensure they
               procedures. As a result of the ongoing  pandemic,
                                                                   meet the highest level of cyber security standards.
               2021/22 continued to be a challenging  period for
               the workforce,  both  personally and  professionally.
               Our focus has continued  primarily on  maximising the
               health and wellbeing (HWB) of our entire workforce
               in order to support staff to work as productively
               as possible, while balancing home and family
               lives.  Our health and wellbeing offer for staff was
               updated and launched on Connect in September
               2021. A key part of this offer is a  HWB toolkit
               which  provides information on a range of physical,
               mental and financial  health support measures for
               both staff and  managers. We have progressed a
               significant number of the key priorities from our
               workforce and organisational development strategy.
                                                                  https://dvilservice.blog.gov.uk/2018/08/30/the-places-for-
                                                                  growth-programme-driving-growth-across-the-uk/]]></page><page Index="46"><![CDATA[22                                                                               Performance summary



       Financial summary
       The costs of claims arising from incidents occurring in   As we expect to make payments on clinical negligence
       2021/22 was estimated to be £13.3  billion for CNST,   claims over the lifetime of claimants' lives, which
       an  increase from the £7.9 billion  reported in 2020/21.  will be many years into the future, these discount
       This increase is mainly due to the change in the HM   rates can  have a significant effect on the value of the
       Treasury discount rates referred to above.  However, we   provision.  However, this is an accounting adjustment
       have also allowed for an  increase in claims volumes as   and does not affect the underlying amount that will
       clinical activity has increased since 2020/21  compared   be paid out to settle claims in the short term.
       to the previous year. As a consequence, without the
       effect of the discount rate change, we estimate that
       the annual cost of harm would have been  £8.7  billion.
                                                              The other factors affecting the value of
       In 2021/22, our clinical schemes underspent by £224
                                                              the provision  largely offset each other,
       million against budget (compared with  £430 million
                                                              but it is worth noting the main trends:
       in 2020/21), of which  £222 million this year was in
       respect of CNST.  Expenditure on CNST increased by 7%   •  The provision across all schemes increased
       from 2020/21,  primarily on  high value claims,  but the   due to expected claims from another
       volume and value of claims settlements was lower than    year's worth of activity by £8.5 billion.
       assumed in the budget,  resulting in the underspend.
                                                              •  Our expectations of long term  inflation
       Our provision increased  by 51 %  or £43.3  billion to   have reduced again.  However, this
       £128.6 billion. Almost all of this is due to the reductions   has been  partially offset by increases
       in the  HM Treasury long term and very long term discount   in shortterm  inflation  rates.
       rates. These discount rates are applied to the amounts
                                                              More information about the changes in
       expected to be paid out to settle claims in the future in
                                                              the value of the provision and budgetary
       order to give a value in the accounts at today's prices.
                                                              performance can be found  in the
                                                              Finance report at pages 55 to 63.]]></page><page Index="47"><![CDATA[NHS Resolution      Annual report and accounts 2021/22                                            23



            Table 1: The year in numbers

              Financial element                               2020/21       2021/22      Change           %
                                                             (£ million   (£ million)  (£ million)
              Funding for clinical schemes
              Income from members                              2,243.7      2,458.7         215.0       9.6%
              Funding from DHSC (budget)                        418.9         199.8        (219.1)    -52.3%

              Total funding                                    2,662.6      2,658.5          (4.1)     -0.2%
              Payments in respect of clinical schemes
              Damages payments to claimants                    1,609.8       1,775.3        165.3      10.3% / \
              Claimant legal costs                              448.1         470.9          22.8       5.1% / \
              NHS legal costs                                    151.4        156.6           5.2       3.4% / \

              Total payments                                  2,209.3       2,402.6         193.3       8.7%
              Funding for non-clinical schemes
              Income from members                                65.0          65.9           0.9       1.4%  / \
              Funding from DHSC (budget)                           5.0          7.2           2.2     44.0%   / \

              Total funding                                      70.0          73.1           3.1       4.4%
              Payments in respect of non-clinical schemes
              Damages payments to claimants                      28.5          32.0           3.5      12.3%
              Claimant legal costs                                16.3         17.3           1.0       6.1%
              NHS legal costs                                      5.9          6.3           0.4       6.8%

              Total payments                                     50.7          55.6           4.3       9.7%
              NFIS Resolution administration of schemes
              Clinical                                           24.2          32.5           8.3      34.3%
              Non-clinical                                         5.1          5.0          (0.1)     -2.0%

              NFIS Resolution other activities
              Income                                              0.8           0.9           0.1      12.5%
              Expenditure1                                         6.1          6.7           0.6       9.8%
              Staff numbers                                       400           500          100       25.0%
              Provisions cost of claims restated 2020/212

              Claims provisions expenditure3                      659        45,766        45,107    6847.5%
              Of which:
                    • Change in discount rate                     229        42,623       42,394
                    • Other changes                               430         3,143         2,713
              Provisions for claims restated 2020/214          85,242       128,550       43,308       50.8%

              Capital expenditure                                 0.6           3.0           2.4    398.5%

             More information on the financial  performance of NHS Resolution and  its indemnity
             schemes is provided  in the Finance report at pages 55 to 63.

             1 Difference between  income and  expenditure -  see  Finance  report at pages  55 to 63 for further commentary and  explanation.

             2  The provision  expense for 2020/21  has been  reduced  by £333  million to  reflect a  prior period adjustment  in  respect of the  revaluation
              of the  known  claims provision.  See  Note 7.4 for further details of the  revaluation.
            3  Total  charge to Statement of Comprehensive  Net Expenditure -  see  Note 7.1  to the accounts for the breakdown and the  Finance  report section
              for explanation. The  key change year on year is due to the reduction  in the  HM Treasury long term  and very long term  discount rates.
            4 The total provision at year end value for 2020/21  has been  increased  by £2,457  million to  reflect a  prior period adjustment
              in  respect of the  revaluation of the  known claims provision.  See  Note 7.4 for further details of the  revaluation.]]></page><page Index="48"><![CDATA[24                                                                               Performance summary





       The environment we work in



       When considering our performance it is helpful to understand the environment
       in which we deliver our work and the risks and  issues we face as an organisation.




       The legal environment                               Health and  Social  Care Select Committee

       Cross-government work                               In September 2021, we saw the launch of the Health and
                                                           Social Care Select Committee inquiry into NHS litigation
       We continue to support work across Government
                                                           reform.  DHSC  submitted written evidence to this inquiry
       to address the challenge of the rising costs of
                                                           focusing on the cost and  impact of clinical negligence,
       clinical  negligence claims.
                                                           developing a learning culture in the NHS,  and improving
       Fixed recoverable costs                             claim  resolution. We were a key contributor to this
                                                           submission.  Our Director of Claims Management,
       A consultation on the introduction of fixed recoverable
                                                           Simon  Hammond, appeared as a witness for the
       costs for lower value clinical negligence claims (generally
                                                           Committee on  11  January 2022 and our Chief Executive,
       claims with damages valued at £1,500-£25,000)1,
                                                           Helen Vernon,  participated  in an oral evidence session on
       was conducted by DHSC  between 31  January and
                                                           1 February 2022 alongside  Maria Caulfield  MP,  Minister

       24 April 2022. The main objective of the proposal is
                                                           for Patient Safety and  Primary Care,  and  Matthew Style,
       to provide faster resolution of qualifying claims, with
                                                           Director General for NHS  Policy and  Performance at
       legal costs that are more proportionate to the value of
                                                           DHSC. The House of Commons published the Health
       compensation. We have been fully engaged with DHSC
                                                           and Social Care Committee: NHS litigation reform -
       on this work and await the outcome of the consultation.
                                                           Thirteenth Report of Session 2021-22 on 28 April 2022.
                                                           We also contributed to the Health and Social
                                                           Care Select Committee inquiry into the safety
       The health landscape
                                                           of maternity services in  England with our Chief
       NHS  Long Term  Plan and  Health and  Care Act      Executive,  Helen Vernon, who participated in an
                                                           oral evidence session on Tuesday 3  November 2020.
       We continued to prepare for the NHS Long Term  Plan
                                                           The Government's response to the Health and
       commitment via the Health and Care Act 2022 to create
                                                           Social Care Committee report: Safety of Maternity
       more joined-up and coordinated care for patients. We
                                                           services in England published in September 2021.
       have worked with our system partners to advise on
       indemnity arrangements for the new integrated care
                                                           NHS England's maternity plan
       board structures as part of NHS reform and to explore
       any changes that are required to meet the needs of   We await with  interest the publication of NHS  England's
       the changing  landscape of healthcare provision. We   follow-on  report Better Births: Improving outcomes of
       will also be engaging with  ICSs to understand what   maternity services in England - A  Tive Year Torward View
       further support they need from  us as they mature.  for maternity care2, anticipated  in the summer of 2022.
       We have also considered this work in  light of our
       commitment to take action on health  inequalities.

















        https://www.aov.uk/aovernment/consultations/fixed-recoverable-costs-in-lower-value-dinical-nealiaence-daims
        https://www.enaland.nhs.uk/publication/better-births-improvina-outcomes-of-maternitv-
        services-in-enaland-a-five-vear-forward-view-for-maternitv-care/]]></page><page Index="49"><![CDATA[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/]]></page><page Index="50"><![CDATA[26                                                                               Performance summary




       IT infrastructure                                   Challenges to our delivery

       We have concluded our discovery phase of our Core   What did  not go as well, took longer than
       Systems Programme and are now progressing with the   expected or changed direction during the year?
       detailed design and development of our new platform.
                                                           •  Core systems and service development
       The Core Systems Programme operates under our
                                                             We encountered delays in  initiating our two
       established programme governance framework and
                                                              main change programmes (the Core Systems
       includes a steering group and a programme assurance
                                                              Programme and the Claims Evolution  Programme)
       committee consisting of representatives across the
                                                             due to the time required to secure the necessary
       organisation who will consider risks,  issues and  benefits
                                                              business case approvals.  Having received the
       arising from the programme.  In addition, we are seeking
                                                             approvals, we initiated  both  programmes in
       input from colleagues across the system to support our
                                                             2021/22 with both due to deliver first steps in
       core system transformation  programme as part of our
                                                             2022/23 with further iterations in the future.
       user research.  The programme has received  NHSX (now
       NHS England Transformation Directorate) Assurance   •  Healthcare Professional Alert Notices
       Board approval and will follow the NHS approvals process.  and Performers Lists Checks
                                                             We are responsible for the management of the
       Cyber security                                         Healthcare Professional Alert Notices (HPANs) system.
       Our IT team is constantly striving to keep pace with the   This is a system through which  notices are issued  by
       ever-evolving threat to cyber and data security. We have   us to inform NHS bodies and others about health
       adopted  NHS Digital sponsored cyber security services,   professionals who may pose a significant risk of harm
       allowing  us access to specialist security expertise at   to patients, staff or the public. We had  hoped to
       no additional cost. Additionally we have a specific key   launch a new platform in 2021/22 to support this
       performance indicator around our response times to    service.  However, while we continue to provide a  pre­
       alerts from the NHS Digital CareCERT team. As a result   employment check service, the development of new
       of these changes our security stance along with  its   technology to improve the ease of access to this service
       supporting administrative processes is more streamlined   has been  brought into our Core Systems Programme.
       and  responsive. We have successfully maintained    •  Maternity Incentive Scheme
       our Cyber Security Essentials Plus certification as    NHS  Resolution and the Collaborative Advisory
       well as passing our ISO 27001  surveillance audit. We   Group (the group of experts from across the
       have continued our programme of penetration and        maternity system who support us with this work)
       vulnerability testing along with a review and  independent   took the decision to pause year four of the  MIS to
       audit against the National Cyber Security Centre (NCSC)  take into account the impact of Covid-19 on trusts'
       14 cloud  principles.  Our Board, as well as our Audit   ability to achieve the scheme's safety actions. We
       and  Risk Committee, are fully appraised of emerging   listened to our members, and adapted and  revised
       threats and our approach to dealing with them.        the MIS, while reinforcing the key principles of the
                                                             scheme which was relaunched on 3  May 2022.
       Fraud
       The risk of fraud is ever-present. With support from
       our local counter-fraud specialist providers,  and
       participation in  DHSC's Counter Fraud Liaison Group, we
       continually review and  monitor potential threats,  provide
       awareness training to staff and  undertake proactive
       exercises to detect potential fraud and  improve our
       control framework.  Genuine claimants have nothing to
       fear;  however, where there is evidence of a fabricated
       or exaggerated claim we will continue to take steps
       to protect public funds and to pursue a custodial
       sentence.  Please see our case stories on exaggerated
       and false claims as examples of how we handle cases
       of this nature on page 40 for more information.]]></page><page Index="51"><![CDATA[NHS Resolution       Annual report and accounts 2021/22                                           27




             Going concern

             The Board  has reviewed the financial  position of the
             organisation and discussed future funding arrangements
             with  DHSC, given that NHS Resolution  reports
             significant net liabilities. The indemnity schemes that
             NHS  Resolution operates are funded on a pay-as-you-
             go basis.  Members and funders of schemes contribute
             sufficient funds to meet the liabilities required on a
             yearly basis rather than  holding  reserves for future
             settlements. There is a reasonable expectation that
             the Government, via DHSC  and the NHS, will continue
             to fund future liabilities, and therefore the Board  is
             assured that it will be able to meet all  liabilities falling
             due during the going concern assessment period.
             Therefore, the Board  has concluded that it is appropriate
             to apply the going concern basis of accounting to
             the financial statements of 31  March 2022.]]></page><page Index="52"><![CDATA[]]></page><page Index="53"><![CDATA[NHS Resolution      Annual report and accounts 2021/22                                            29





                  Performance


                  report


                  Performance

                  analysis]]></page><page Index="54"><![CDATA[30                                                                                Performance analysis




       Our continued focus on making


       maternity care safer





       Figure 2:
       The percentage of clinical negligence claims reported  in 2021/22 by specialty, with a breakdown
       by volume (total  10,284 claims) and by value (total £6,033.4 million)


                                                                  ■ Obstetrics          12%
                                                                     • Early Notification  2%
                                                                     * Non-Early Notification  10%
                                                                  L Emergency medicine  12%
                                                                  ■ Orthopaedic surgery  12%
                                                                     Gynaecology         7%
                                                                  ■ General surgery      7%
                                                                  ■ General medicine     5%
                                                                  ■ Radiology           4%
                                                                  ■ Psychiatry/mental health  3%
                                                                  ■ Urology              3%
                                                                  ■ Gastroenterology     3%
                                                                  M Other               32%





                                                                  ■ Obstetrics          62%
                                                                     • Early Notification  31%
                                                                     • Non-Early Notification  31%
                                                                  P  Emergency medicine  6%
                                                                  ■ Orthopaedic surgery  3%
                                                                  ■ Paediatrics          3%
                                                                  ■ Neonatology          3%
                                                                  ■ Gynaecology          2%
                                                                  ■ General surgery      2%
                                                                  ■ Neurosurgery         2%
                                                                  ■ Radiology            1%
                                                                  ■ Ambulance            1%
                                                                  ■ Other               13%




       There were  1,243 obstetrics claims in 2021/22, accounting for  12%  of all clinical
       negligence claims by volume,  placing  maternity-related claims among the top three
       specialities by volume, alongside emergency medicine and orthopaedic surgery.

       Obstetrics claims accounted for 62%  of all clinical claims by value received in the year,
       highlighting the underlying impact of the financial costs of maternity indemnity payments,
       alongside the impact of harm on  patients, families and  healthcare staff.
       Of the £13.3  billion annual cost of harm incurred though CNST,  maternity claims
       accounted for 60%  in 2021/22.]]></page><page Index="55"><![CDATA[NHS Resolution      Annual report and accounts 2021/22                                            31







                Settling maternity claims

                Damages awards for maternity claims are often  made by way of a  periodical  payment order,  meaning
                a lump sum is paid out upon settlement and then annual payments for the remainder of the harmed
                patient's life. This provides the claimant, and their family, with the security of regular payments for
                care packages and other required assistance.  For maternity claims involving  harm to a baby it may
                take many years to assess the full extent of the harm caused,  as the needs of the child cannot be fully
                assessed  until developmental milestones have been  reached.  Such claims also require court approval
                of the award of damages.  For this reason the average time between  notification of a  maternity
                claim and settlement is 5.8 years, 2.7 years longer than the average clinical negligence claim.







              Figure 3:
              Some maternity statistics as of 28 March 2022





















                   38%  of total  clinical           62%  of claims  by value          60%  of the total  clinical
                   negligence payments                 (£6  billion)  notified         negligence cost of harm
                  (£2.4  billion) and  hence            to  us in  2021/22.                 (£13.6  billion).
                  contributions collected
                 from  members. The  level
                of claim  payments  reflects
                   past claims activity,  so
                   this  is lower than the
                  percentage of current
                  notification  or incurred
                  cost of harm described
                  below.  Slightly reduced
                    from 40%  last year.





                                                    70%  of the total  clinical
                                                      negligence provision
                                                     (£128.2  billion).  Slightly
                                                      increased  from  68%
                                                            last year.]]></page><page Index="56"><![CDATA[32                                                                                Performance analysis



       Given these figures,  maternity continues to be a central  plank of our strategic focus as we transition
       from our previous five-year strategy (spanning 2017 to 2022) to a new three-year strategy (2022
       to 2025). We remain committed to the aim of our previous strategy to 'provide analysis and
       expert knowledge to the healthcare and civil justice systems, to drive improvement'.



       Figure 4:
       The number of maternity cerebral  palsy/brain damage claims received over time across
       all clinical  negligence schemes1


             300
























                                                     Financial year
                   |  Non-Early Notification Scheme case   |    Early Notification Scheme case

       Figure 5:
       The total value of maternity cerebral  palsy/brain damage claims received overtime across
       all clinical  negligence schemes


             3000
























                                                      Financial year

                   |  Non-Early Notification  Scheme case   |    Early Notification  Scheme case

        The  numbers of confirmed  cerebral palsy/brain  damaged  baby claims will  not directly align with the  number
        of  EN  cases, as the baby may be too young to diagnose at the point of becoming an  EN  case and  indeed
        incidents of potential  harm  may not ultimately translate  into  clinical  negligence cases.]]></page><page Index="57"><![CDATA[NHS Resolution      Annual report and accounts 2021/22                                            33



            The growth in obstetrics claims volumes over the past three years is due to the impact of trusts
             reporting cerebral  palsy/brain damage claims earlier through our EN Scheme. The scheme, established
             in 2017, allows us to investigate potential eligibility for compensation and to take action to reduce
             legal costs while improving the experience for the patient's family and affected staff.

            The impact of the Early Notification Scheme can  be seen when looking at the recent value of maternity claims.
            The scheme has already achieved reductions in the time between an incident occurring, an  investigation into
            eligibility for compensation initiated, and admissions of liability being made.  Seeking early notification of maternity
             incidents means that NHS  Resolution can  proactively investigate liability sooner, while trusts are encouraged
            to be open about incidents,  be candid with families and  maximise opportunities to learn from them.







               What is the Early Notification
               (EN) Scheme?

               It is a key initiative towards achieving the delivery   Implementing a more focused approach
               of safer maternity care, providing a more rapid,

                                                                 From  1 April 2021, our EN Scheme moved to
               caring response to families in cases of severe harm,
                                                                 an  'outcome-first' approach. The criteria for an
               and supporting a  learning culture. The scheme
                                                                 investigation was narrowed to babies who have
               proactively investigates specific brain  injuries at
                                                                 an abnormal  MRI scan where there is evidence of
               birth for the purposes of determining  if negligence
                                                                 changes in  relation to intrapartum hypoxic ischaemic
               has caused the harm. We do this by requiring
                                                                 encephalopathy (HIE). This ensures the scheme
               our CNST members to notify us of maternity
                                                                 focuses on those babies who have suffered harm
               incidents which  meet a certain clinical definition.
                                                                 and where there is potential for complex care needs
               It is designed to do two main things:             and a  high value financial compensation  payment.
               •  To speed  up investigations into whether or not   The new approach has led to a reduction  in
                 a  baby is entitled to receive compensation by   duplication with the  Healthcare Safety Investigation
                 investigating cases proactively,  being open about   Branch (HSIB) and has enabled trusts to focus on
                 our conclusions and signposting families to     liaison with  HSIB and the family. To progress the
                 appropriate sources of advice and support; and  liability investigation (the legal  investigation into
                                                                 clinical negligence) by the EN Scheme, a decision
               •  To help ensure that steps are taken to learn
                                                                 was made to focus only on those incidents where
                 from things that have gone wrong to improve
                                                                 HSIB  had completed their investigation.
                 maternity care as well as sharing good practice.
               Early admissions

               During the past five years we have been able to make a
               significant number of early admissions1. As the volume
               of admissions increases, so does the number of interim
               payments made.  There are now some children, due to
               their age and the length of time the scheme has been
               running, for whom we are able to fully quantify their
               needs. This has led to an  increase in the value of the
               payments made, while simultaneously reducing the
               impact of inflation on these claims. This has resulted  in
               an  increase in damages payments under the scheme
               from £3.2  million  last year to £10.2  million this year.










              An admission  is an acknowledgement of  legal  liability for substandard care.]]></page><page Index="58"><![CDATA[34                                                                                Performance analysis



       The development of the  EN Scheme reflects our expertise in  managing clinical  negligence claims, which is increasingly
       underpinned  by analysing and sharing  key learnings from our work.  In 2021/22 we started work on a second report
       into the evolution and impact of the EN Scheme (to be published  in summer 2022), which provided the basis for
       sharing learning with system partners and staff in  member trusts through case stories reflected  in this report. We
       also established a  Maternity Voices Advisory Group in 2021/22, giving families an opportunity to advise on the future
       development of the EN Scheme. The group was a strategic response to the ambition  in the National Patient Safety
       Strategy that encouraged organisations and service users to work in  partnership to improve quality and safety.

       We continue to collaborate with strategic partners, including through the  Maternity Incentive
       Scheme, to help support safer maternity care.  Results for year three of the scheme were encouraging,
       with 95 maternity trusts (out of  122 eligible trusts) achieving all ten safety actions.







         What is the Maternity Incentive Scheme?
         The Maternity Incentive Scheme is a collaboration   recover their contribution,  but may be eligible for a
         by NEIS  Resolution and the national maternity safety   smaller discretionary payment to help them make
         champions in partnership with the Collaborative   progress against any actions they have not achieved.
         Advisory Group (CAG). The CAG was established by
                                                           Trust submissions are checked against CQC findings
         NEIS  Resolution to bring together other arm's length
                                                           and a range of external verification  points: these
         bodies and the royal colleges to support improvements
                                                           include referencing MBRRACE-UK data, submissions
         in maternity and neonatal services.  Members of the
                                                           to the Maternity Services Data Set and against the
         group include: the Department of Health and Social
                                                           National Neonatal  Research Database (NNRD), and
         Care, NHS Digital1 NHS England,  Royal College of
                        ,
                                                           EN Scheme notifications to HSIB. We contact trusts2
         Obstetricians and Gynaecologists,  Royal College of
                                                           where there are concerns about their scheme's
         Midwives, Mothers and Babies:  Reducing  Risk through
                                                           declaration for reverification or recertification.
         Audits and Confidential  Enquiries (MBRRACE),  Royal
         College of Anaesthetists, the Care Quality Commission   The launch of year four of the scheme was challenging
         (CQC) and  Healthcare Safety Investigation Branch (HSIB).  due to Covid-19, and to support trusts in  December
                                                           2021  it was paused with a  requirement for trusts
         The scheme works by drawing an additional  10%  of a
                                                           to continue to apply the principles of the MIS.  The
         trust's calculated  maternity contribution via our CNST
                                                           scheme was relaunched  in  May 2022 with  revisions
         maternity pricing. Trusts that can demonstrate they
                                                           of the safety actions and their deadlines, with
         have achieved all of the ten safety actions recover the
                                                           consideration to the findings of the Ockenden  Report.
         element of their contribution to the incentive fund
         and will also receive a share of any unallocated funds.
         Trusts that do not meet all ten safety actions do not




       The year 2021/22 concluded with the publication of the final Ockenden  report -  final:  Findings, conclusions and
       essential actions from the Independent Review of Maternity Services at The Shrewsbury and Telford  Hospital
       NHS Trust. We welcomed the findings and actions proposed  by Donna Ockenden's review and we committed
       to continuing our work to help ensure that all  maternity services are of the highest possible quality for all
       patients.  NHS Resolution will  respond to this report with  plans to review our procedures and  practice.













       1 NHS England  have now created a Transformation  Directorate,  incorporating  NHSX and  NHS  Digital
       -  https://bit.lv/3NOTxof]]></page><page Index="59"><![CDATA[NHS Resolution      Annual report and accounts 2021/22                                            35



            We highlighted key elements in our 2022-25 strategy in   We regularly collaborate and share learning with
             our response,  not least the focus on further collaboration   maternity stakeholders,  including CQC,  GIRFT,
            to improve maternity outcomes and our ongoing support   NHS England and the royal colleges -  for example,
            to the National Maternity Safety Ambition.  Our new   we collaborated with  GIRFT to share data
             strategy contains a specific strategic aim to support this:  on claims costs with trusts with a view to
                                                                 influencing safer clinical practice.
             Collaborate to improve maternity outcomes:
                                                                 Going forward, we recognise our evolving  role in
             Bringing together key parties to determine          driving  improvements to the safety culture of the
            what further improvements can be made                NHS more broadly. We will continue to explore
            within our areas of expertise to support the         how we further build on work with  key partners to
                                                                 make greater use of our data and  how we work in
             government's maternity safety ambition.
                                                                 partnership with others to identify future priorities for
            We will report our progress against this strategic aim   learning. We have embedded these ambitions in our
             over the next three years.                          existing work and  in our new three-year strategy.







               Working across the healthcare                     Looking ahead, key areas of
                                                                 our focus will  include:
               system to further improve safety
                                                                 Fair resolution: We continue our strategic focus on
               in the NHS
                                                                 improving the way compensation  is delivered when
               As highlighted in the Chair's welcome, we reached   something goes wrong,  by adopting innovative
               the end of our five-year strategy in  March 2022   approaches to keep cases out of costly litigation and
               and achieved a significant amount. The five-year   by supporting DHSC  more broadly to address the
               strategy covered the two-year pandemic towards    challenge of the rising cost of clinical negligence,
               the end of that period. There was a  huge amount   supporting ongoing work across Government. We also
               of change across the health and care systems      continue to support DHSC with the development of
               caused  by the pandemic and our new strategy      their Patient Safety Action  Plan, with their response
               provides an opportunity for us to take stock      to the  Health and Social Care Committee's report into
               of our progress in supporting a safer NHS.        NHS litigation  reform (2022) and other initiatives.
               We opted for a  new strategy covering a three-year   Just and learning culture: NHS  Resolution are
               period as this is long enough to enable some medium   committed to working with our system partners
               to long term  planning, gives us some stability and   to create a just and  learning culture in the NHS.
               enables us to set out a direction of travel over the   Creating a  positive culture can  play a  role in tackling
               period. A three-year period is also short enough to   a variety of workplace issues, such as retention,
               accommodate the likelihood of further changes, and   and is a  key to improving  patient safety.
               for our priorities and objectives to accommodate
                                                                 Practitioner Performance Advice: Our Advice
               those changes. We anticipate concluding two major
                                                                 service works to help ensure that the NHS workforce is
               change programmes during this timeframe, one to
                                                                 supported and that concerns are resolved to preserve
               transform our core technology and data systems,
                                                                 resources for patient care.  Recognising that the data
               and another to update our claims management
                                                                 gathered  by Advice might provide useful learning for
               processes and  procedures to meet the changing
                                                                 the system, especially in terms of the management
               needs of the system, including the introduction
                                                                 of the workforce, we have identified opportunities
               of integrated care boards from July 2022.
                                                                 to expand our insights function within Advice.]]></page><page Index="60"><![CDATA[36                                                                                Performance analysis



       Received claims                                     Closed claims
       The total of new clinical negligence claims and  reported   We closed  17,5392 clinical and  non-clinical claims in
       incidents reached  15,078 in 2021/22,  up  13%  on   2021/22 (compared with  15,395  in 2020/21), with
       the previous year (13,351). The bulk take-on of     total payments of £2.459 billion (£2.260 billion).
       general  practice indemnity claims for pre-1  April 2019   Of these claims, 9,305 were closed with damages
       incidents from  medical defence organisations is the   (8,412) while 8,234 claims were closed without
       most significant driver of this increase. A total of 2,005   damages (6,983).  Overall, 893 more claims were
       ELSGP claims were migrated from  Medical  Protection   closed with damages than  in the previous year.
       Society (MPS) in 2021/22.  However,  our CNSGP scheme
                                                           Of clinical claims, 6,514 were closed without damages,
       for incidents from  1 April 2019 continues to mature,

                                                           an  increase of  1,435 over the previous year (5,079);
       with  1,502 claims received  in 2021/22 compared to   of non-clinical claims,  1,720 were closed without
       973  in the previous year.  In contrast, the number of
                                                           damages (compared with  1,907  in 2020/21).
       new claims added to our CNST book fell for the third
       year running.  In 2021/22,  new CNST claims totalled   There was overall an  increase in the number of clinical
                                                           claims closed  both with and without damages paid
       10,226 (10,760 in 2020/21  and  11,145  in 2019/20).
                                                           compared with  last year, across all schemes. Across the
       The increase in clinical claims from  13,351  in 2020/21
                                                           clinical portfolio (excluding general practice indemnity,
       to  15,078 in 2021/22 were in the main due to:
                                                           GPI) the numbers were comparable to pre-pandemic
       •  1,730 more  ELSGP claims,                        levels -  4,289 closed without damages this year
       •  529 more CNSGP claims,                           compared with 4,265  in 2019/20. As expected, a greater
       •  534 fewer CNST claims.                           number of cases were closed across the GPI  book this
                                                           year,  linked to the increased  numbers of cases within
       It is too early to determine the impact from Covid-19
                                                           both CNSGP and  ELSGP. Across the non-clinical claims
       on future claims volumes and values due to normal
                                                           portfolio we have seen a steady decrease in cases closed
       time-lags in claims being  lodged -  averaging 3.1
                                                           overall,  and specifically without damages, since 2017/18.
       years. We continue to monitor the potential impact
       of future Covid-19 related claims associated with   Of the clinical claims closed,  11,514 were on our
       risks arising from delayed or missed treatments, and   CNST book and 2,658 on our general  practice
       recovery in NHS activity rates, while adjusting future   indemnity book,  reflecting work to close inactive
       claims projections.  In  2021/22, we received  22 claims   claims transferred to us after April 2019. We closed
       related to Covid-19 under CNSC, an increase of just 15   594 new ELSGP claims as a  result of investigations
       from seven  in the previous year, and  it is therefore too   to establish whether they are likely to proceed. Our
       early to draw conclusions about future trends related   experience to date suggests that a higher proportion
       to these claims given their low volumes to date.    of GPI claims may close more quickly as a result.
       For our non-clinical Liabilities to Third Parties Scheme
       (LTPS), claims have risen this year by 378 to 3,074
       compared with the previous year (2,696);  however, they
       remain lower than pre-pandemic levels (3,669 in  2019/20).

       Figure 6:
       The number of new clinical and non-clinical claims and  incidents reported  in each financial
       year from 2012/13 to 2021/221






                                                                                                    Clinical
                                                                                                    claims
        3
        ■
        c
        o
        >—
        H
        ■a I
        E                                                                                           Non-clinical
        3
        Z                                                                                           claims
                0
                   2012/13  2013/14   2014/15   2015/16   2016/17  2017/18   2018/19   2019/20  2020/21   2021/22
                                                   Notification year

       1The data for previous years has been  restated and  now  includes a  change to the 2013/14 data for  153  DHSC  non-clinical  claims which were


        incorrectly excluded as  legacy industrial  disease claims.  In  2020/21  an additional  722  ELSGP clinical  claims have  now been  included which were
        omitted  in  error in the 2020/21  Annual  report and accounts.
       2  The data for previous years has been  restated for historical  claims received  under our ELSGP.  Cases closed  in-year may have  had damages settled  in
        previous financial years with costs negotiated following  payment of the damages.  Not all of the claims closed this year would  have been settled  in
        the same financial year. The  nature of claims closed with or without damages will  depend  upon the portfolio of claims at any given  period of time.]]></page><page Index="61"><![CDATA[NHS Resolution      Annual report and accounts 2021/22                                            37



             Figure 7:
            The total number of clinical claims closed by scheme demonstrating the effect of our new
             general practice indemnity schemes


              15,000                                                                                ELSGP -  New
                                                                                   594              EL5GP - Migrated
                                                                                  1,047             CNSC
                                                    /208                                    14
                                                                         166      1,017             CNSGP
                              ___  297             f   92                                   30
                                                                                                    DHSC
                                                                                                    CNST
              10,000







                         11,328             11,692                                11,514
               5,000









                  0
                         2018/19            2019/20           2020/21            2021/22]]></page><page Index="62"><![CDATA[38                                                                                Performance analysis



       Figure 8:
       16,484 clinical and non-clinical claims were settled  in 2021/22 compared with  15,712  in 2020/21
       with an  increasing percentage settled without proceedings1



         10,000


          8,000



          6.000



          4.000



          2.000



            fO
                   No proceedings   No proceedings   Proceedings  Proceedings    Trial         Trial
                      2021/22       2020/21        2020/21       2021/22       2020/21       2021/22
                   |   Damages       | |   No damages




       A total of  12,623 claims were settled without proceedings in 2021/22 (compared with  11,738 in 2020/21).
       This reflects an ongoing  improvement in our litigation  rate over the medium-term, settling  more claims before
       formal court proceedings are required,  based on our deployment of dispute resolution techniques, such as
       mediation and  more collaboration with claimant lawyers.  This has been achieved without compromising
       the rigour of our investigation of eligibility for compensation.  Indeed, for clinical claims, the percentage
       of claims that have resolved without damages being  paid  has increased from 43.7%  (2020/21) to 48.5%
       (2021/22). This includes claims managed  under our CNSGP and  ELSGP schemes, which have different
       approaches to the triaging of claims.  Excluding those schemes, the percentage of clinical claims that
       have resolved without damages being  paid  has increased from 36%  (2020/21) to 41 %  (2021/22).


       Figure 9:
       Litigation rate for clinical claims (2017/18 to 2021/22)



           2017/18

           2018/19


           2019/20


           2020/21

           2021/22


                            | |    Proportion of claims settled without court proceedings
                             |  Proportion of claims settled after court proceedings start

        The number of claims with and without proceedings will differ from those  reported  in 2020/21
        as we  have  retrospectively incorporated  historical claims received  under our ELSGP.]]></page><page Index="63"><![CDATA[NHS Resolution      Annual report and accounts 2021/22                                            39



             In 2021/22, 77%  of claims were settled without litigation, the highest ever volume achieved,  reflecting our ambitions
            to keep patients and  healthcare staff out of litigation wherever possible. The percentage of claims that have litigated
             continues to reduce, down from 26%  (2020/21) to 23%  (2021/22). We continue to deliver fair resolution of cases
             in  line with our strategic priorities,  considering the merits of each case and compensating  harmed  individuals
            where negligence is found. Where claims have entered  litigation, which  is unavoidable in some cases, for instance
             approval of a child's damages award, the percentage of litigated claims that have resolved without an award of
             damages has increased from  19%  (2020/21) to 24%  (2021/22).  For clinical claims only, the number of litigated
             claims that have resolved without an award of damages has increased from  19%  (2020/21) to 25%  (2021/22).


             Figure 10:
            The top four categories of clinical claims received each year from 2018/19 to 2021/22 by number

















                               Obstetrics       Emergency medicine    Orthopaedic surgery      Gynaecology
                          2018/19   ■  2019/20   ■  2020/21   ■  2021/22



            Alongside obstetrics claims, which  increased to  1,243 (1,157), emergency medicine claims increased to  1,229 (1,151
            while orthopaedic surgery claims decreased to  1,203 (1,248).  Over the medium term, obstetrics claims have become
            the largest volume received by speciality.




             Managing claims fairly and effectively and developing legal precedent

             We continue to develop legal precedent, taking cases to trial or to the higher courts in areas of law which  need to
             be challenged  in the broader interests of the NHS,  or which require certainty. Testing claims at trial often  has wider
             implications for other,  similar cases and so the outcome of a case can either provide an opportunity for others to
             claim  under similar circumstances or deter claims without merit.]]></page><page Index="64"><![CDATA[40                                                                                Performance analysis



       Cases of note                                       Walsh (deceased) v.  Northumbria  Healthcare
                                                           NHS Foundation Trust (Newcastle County
       Khan v.  Meadows (Supreme
                                                           Court, 19  May 2021  -  Judge Freedman)
       Court, 18 June 2021)
                                                           In 2017  Mr Walsh took his own life by running
       This case concerns the scope of a  medical practitioner's
                                                           onto a major road into the path of oncoming
       duty when consulted about a specific issue.         traffic.  It was alleged that security staff had  been
                                                           negligent and that this led to his death.
       Ms Meadows became aware that she might be a carrier
       of the haemophilia gene when  her nephew was born  in   Mr Walsh had  no history of psychiatric illness, but on
       2006 and diagnosed with  haemophilia. She wished to   23 January 2017  he had struck one of his children and
       avoid  having a child with the condition and so consulted   as a  result was required to leave the family home.  He
       her GP. The GP,  Dr Khan, arranged blood tests to establish   then took an overdose of paracetamol, and did so again
       whether she had haemophilia -  the results were normal.   on 4 February.  He was taken  by ambulance to hospital
       However, the GP failed to advise her that these tests   and after initial assessment was sent for a psychiatric
       could  not confirm whether she was a carrier of the gene.  review. An  hour later he told a physician's assistant that
                                                           because the hospital was not doing anything to help
       Thinking that all was well,  Ms Meadows became      him he was going to kill  himself.  He ran towards an area
       pregnant in 2010.  Her son developed severe haemophilia.   with easy access to the main  road.  Security officers were
       She claimed that had she been given correct advice,   summoned and were able bring  him back to the building.
       she would  have chosen a termination. As well as    He then had a cigarette outside the entrance and
       haemophilia,  her son has the unrelated condition   returned to the emergency department, accompanied
       of autism.  Dr Khan admitted  liability for the losses   by the guards.  He asked for water.  One of the guards
       arising from haemophilia but not those resulting from   went to the cooler and at that point the patient made
       autism, which in monetary terms were much  higher.  his escape.  Unfortunately, the guards could  not catch
                                                           him and  he ran  into the path of approaching vehicles.
       The Supreme Court had to decide whether Dr Khan
                                                           It was claimed that the guards had failed to take
       was responsible for the financial consequences of
                                                           appropriate care of the patient and  it was foreseeable
       the autism.  Using the example of a commercial case
                                                           that if a door were left unattended even for a  brief time
       decided  by the House of Lords in  1997, a  key question
                                                           Mr Walsh might escape. Judge Freedman  noted that the
       was  "what,  if any,  risks of harm did the defendant
                                                           patient had  not been detained under the Mental  Health
       owe a duty of care to protect the claimant against?"
                                                           Act  1983 and therefore there was no statutory power
       This was important because the law does not impose
                                                           to confine him to hospital. While there was a  risk of
       responsibility on a defendant for everything which follows
                                                           the deceased absconding, the function of the security
       from  his or her act or omission,  even if it is wrongful.  officers was not to detain him in the conventional sense
       In this case the patient approached  her GP surgery   but rather to take reasonable steps to prevent him
                                                           from leaving.  In the short period  prior to him running
       specifically to know if she was a carrier of the
                                                           away, there was nothing in  his demeanour to suggest
       haemophilia gene. Although there was a causal  link
                                                           he was contemplating an escape. On the contrary, the
       between the admitted  negligence of Dr Khan and
                                                           evidence suggested  he was calm and co-operative.  It
       the birth of the child, that was not relevant to the
                                                           was reasonable for one of the guards to respond to
       scope of his duty. The law did  not impose on  Dr Khan
                                                           the request for water.  To hold guards negligent in such
       any duty in relation to unrelated risks that might
                                                           circumstances would  be to impose an  intolerably high
       arise in  pregnancy.  It followed that he was liable   burden  upon them. The guards had not been  negligent
       only for the costs associated with  haemophilia.    and, in any event, causation  had  not been demonstrated
                                                           because it was probable that Mr Walsh would  have
       Comment
                                                           found another opportunity to end  his life within a short
       This is a very important ruling from the Supreme    time, even if he had been  restrained on this occasion.
       Court. Those acting for the mother argued that if it
                                                           Comment
       wasn't for the doctor's negligence,  her child would
       not have been born and therefore the defendant      This was a very sad case,  but it is important to bear
       should  be responsible for the financial consequences   in  mind that the patient was not detained under
       of all  his disabilities. The Court ruled that this was the   the Mental  Health Act. The claim sought to place an
       wrong way to look at the situation. The GP had  not   unreasonably high  burden  upon the guards who had
       been consulted about autism, which  is a risk resulting   no immediate reason to think the patient was going to
                                                           escape and were performing an act of kindness for him.
       from any pregnancy. Consequently, he did  not owe
                                                           This is a notable ruling, although as it is a County Court
       a duty of care in that regard.  It is a principle which
                                                           judgment it is not binding on other judges.  It is clear
       can  be applied to other clinical  negligence cases.
                                                           from the decision that the duty of security guards in such
                                                           circumstances is one of reasonable care and  no higher.]]></page><page Index="65"><![CDATA[NHS Resolution      Annual report and accounts 2021/22                                            41



             Paul v.  Royal Wolverhampton NHS Trust;             paramedics could  not achieve any improvement.  Ms
             Polmear v.  Royal  Cornwall  NHS Trust; Purchase    Purchase died.  Her mother sustained post-traumatic
            v. Ahmed (Court of Appeal, 13 January 2022)          stress disorder, severe chronic anxiety and ongoing
                                                                 depression. She alleged that the GP had failed properly
             Introduction
                                                                 to assess and treat her daughter's symptoms.
            These three cases all involved similar issues concerning
                                                                 The Court reviewed the leading court decisions on
            secondary victims of alleged clinical negligence.
                                                                 secondary victims.  On  behalf of the claimants it was
            A secondary victim is not someone to whom
                                                                 argued that the  "event" which caused the trauma to
            the defendant owed a direct duty of care in the
                                                                 secondary victims need not occur at the same time as
            circumstances (the primary victim),  but rather a  person
                                                                 the original negligence.  However, the Court concluded
            who witnessed the accident or event involving the
                                                                 that it was bound  by its own previous decision  in Taylor
             primary victim or who came upon  its consequences
                                                                 v. A.  Novo (2013), where a mother suffered an accident
            shortly afterwards. The Court had to decide whether,
                                                                 at work when shelving fell onto her. Three weeks later
            on the facts of each case, secondary victims might be
                                                                 she collapsed and died at home, witnessed by her
            able to recover damages. This ruling was not about
                                                                 daughter, who was held  unable to recover damages
            whether the clinicians involved  had  been negligent.
                                                                 from  her mother's employers for psychiatric trauma.
             Detail
                                                                 The Court stated that for a secondary victim to recover
             Mr Paul, who suffered from type 2 diabetes, was     against a defendant whose clinical  negligence had caused
            admitted to hospital on 9 November 2012 complaining   the primary victim injury, the horrific event "cannot be a
            of chest and jaw pain.  He was treated for acute     separate event removed  in time from the negligence".
            coronary symptoms and discharged on  12  November.   Consequently, these claims could  not succeed.  However,
            On 26 January 2014, some  14 months later,  he had a   the Court of Appeal  regarded this area of the law as
             heart attack while shopping with  his family and died   being suitable for review by the Supreme Court and
            shortly afterwards.  His young daughters witnessed   therefore gave the claimants permission to appeal.
             his collapse and suffered psychiatric trauma.  It was
                                                                 Comment
            alleged that Mr Paul should  have been given a coronary
            angiogram by the hospital in November 2012, which    These are all deeply tragic cases, and everyone will feel
            would have revealed coronary artery disease.         huge sympathy for the secondary victims.  However,
                                                                 as the House of Lords made clear in the leading cases
             Esmee  Polmear, aged 7, was referred  by her GP to the
                                                                 of Alcock, which dealt with the Hillsborough disaster,
            trust following episodes of not being able to breathe and
                                                                 there must be boundaries to recoverability by those
            turning  blue. The reviewing paediatrician concluded  in
                                                                 who are not primary victims. Without them, defendants
            January 2015 that her symptoms were likely to be related
                                                                 would  potentially be exposed to large numbers of
            to exertion, with  nothing to suggest an  underlying  heart
                                                                 claims arising from one act of negligence. Judges
             problem.  However, on  1 July 2015, over five months

                                                                 must determine where those boundaries should  be
             later,  Esmee felt unwell on a school trip.  Her parents
                                                                 set. While it might well be foreseeable that failure to
            agreed to bring  her back but when they reached  her
                                                                 diagnose a  heart condition could  lead to the patient
            she was lying on the ground with a staff member giving
                                                                 collapsing and dying, witnessed by family members
             mouth-to-mouth resuscitation.  She was not breathing
                                                                 who suffer psychiatric trauma as a  result, that does
            and died shortly afterwards.  Both  parents suffered post­
                                                                 not necessarily mean that the witnesses can recover
            traumatic stress disorder. The trust admitted negligence
                                                                 damages. We must anticipate a definitive ruling from
             by failing to diagnose Esmee's underlying condition.
                                                                 the Supreme Court,  perhaps in 2023, which will  have
             Ms Purchase visited her GP in January 2013 with acute   important implications for both  relatives and the NHS.
            sinusitis. Afterwards she continued to feel unwell
            and by 4 April she was weak, dizzy and had difficulty
             breathing.  Her mother took her to an out-of-hours GP,
            who made a diagnosis of respiratory tract infection with
             pleuritic pain, oral thrush and depression.  He prescribed
            antibiotics and antidepressants.  However,  her condition
             remained  unaltered.  On 7 April, three days later,  her
             mother returned  home to find  Ms Purchase lying
             motionless on  her bed, staring at the ceiling, although
            she looked alive. She was then joined  by her other
            daughter and ex-husband. A 999 operator advised the
            family to give cardio-pulmonary resuscitation  pending
            arrival of an ambulance. This proved  unsuccessful, and]]></page><page Index="66"><![CDATA[42                                                                                Performance analysis



       Exaggerated  and false claims                       W, who was a security guard at an  NHS trust, alleged
                                                           he had slipped on cardboard  left in a changing area
       We assess all claims on their merits and  readily pay
                                                           at the hospital. The claim appeared genuine and was
       those where liability is established.  Occasionally,
                                                           settled for just over £5,000.  However, shortly afterwards,
       we come across cases where there has been
                                                           evidence came to light from W's ex-partner in the form
       serious exaggeration of symptoms or an attempt to
                                                           of text messages which appeared to show that the
       manufacture a claim, and we adopt a very firm line
                                                           accident had  been staged.  Fortunately, W's solicitors had
       with these in order to preserve scarce NHS funds
                                                           not passed on the settlement to him and  returned the
       and discourage similar attempts. Two such  instances
                                                           money. We made an application to the Court, jointly
       resulted  in custodial outcomes during the year.
                                                           with the trust, to seek a finding of contempt.  Shortly
       In the case of D, the claimant had a genuine clinical   before the hearing  in  November 2021, W accepted he
       negligence claim for failure to prevent the development of   had been  in contempt. Judge Anne Whyte QC  found
       cauda equina syndrome. This was worth around £60,000.   that W's representations had  been  both frequent and
       However,  he asserted that he was much  more seriously   dishonest. The relative financial  modesty of the claim
       disabled than he actually was and submitted a claim   did  not remove the seriousness of the contempt. W
       for circa £2 million,  attested by a statement of truth.  had misled a  public body and wasted  NHS funds.  She
       He maintained  he could walk only 100 yards, using two   therefore sentenced W to a prison term of seven  months.
       sticks.  Surveillance demonstrated that D could  in fact walk
                                                           Comment
       without any aids, and  both  lift and  move boxes without
       apparent discomfort. We sought the Court's permission to   While the prison sentences received were relatively
       commence committal  proceedings against D for contempt   similar, the financial sums differed greatly between these
       of court. After a  number of attempts at evasion, including   cases.  However,  in criminal sentencing, specific discounts
       feigning  illness,  D eventually accepted that he had  been   are applied for different types of mitigation such as
       in contempt by making false statements for pecuniary   admissions and  remorse, and therefore the sentences are
       gain.  In July 2021  Judge Lickley QC  sentenced D to 29   not directly comparable. The overall message from these
       weeks in  prison for contempt of court, observing:  cases is nevertheless very clear -  NHS  Resolution will  not
                                                           hesitate to seek the imposition of a prison sentence if
       "people who try to cheat their way to compensation
                                                           individuals bring greatly exaggerated or fabricated claims.
       should  be punished  byway of custodial sentence",
       and  D's actions  "were so serious that only an
       immediate custodial sentence was appropriate".]]></page><page Index="67"><![CDATA[NHS Resolution      Annual report and accounts 2021/22                                            43



             Figure 11:
             Clinical negligence payments for 2021/22

                                                                                      2021/22 total:
                                                                                        £2402.9m
                     2500
                               2020/21  total:
                                                                        £156.6m
                                 £2209.3m
                                                                            (6%)
                                                    £151.4m
                                                    0 %)               £471.0m
                     2000
                                                    £448.1 m               (20 %)
                                                    (20%)
                  £
                 43
                  c
                  aj  1500
                  E
                  > .
                  n
                  a.
                  s
                  c
                  0 i
                  O '
                 %
                  s
                  <
                  c  1000                                            £1,775.3m
                                                    £1,609.8m
                                                                           (74*)
                 v                                  (73%)
                      500




                        0
                                    2020/21                                                2021/22
                            ■  NHS legal costs   ■  Claimant legal costs   ■  Damages paid to claimants

             Payments

             Payments against all our clinical schemes for 2021/22   Payments made on the DHSC  clinical scheme
             (2020/21) were £2,402.9 million (£2,209.3 million) in   increased to £82.8 million  in 2021/22 (£61.6 million
            total -  which comprised damages paid to claimants   in 2020/21). A number of high value claims fell
             of £1,775.3  million (£1,609.8 million),  claimant legal   due for settlement in this year, as expected.
             costs of £471  million (£448.1  million) and  NHS legal
                                                                 Payments made on  behalf of GPI  increased:
             costs of £156.6 million (£151.4 million). The increase in
                                                                 £85.0 million  in 2021/22 (£62.4 million),  reflecting
             NHS legal costs can  be in  part attributed to increased
                                                                 the continuing  maturing of our GPI claims book.
             spending on the general  practice indemnity schemes,
             mainly ELSGP, since the migration of the claims     Payments for our Existing  Liabilities Scheme and
             previously managed  by MPS (+£8.1 million/161 %).   Ex-Regional  Health Authority Scheme decreased

                                                                 to £21.2  million  in 2021/21  (£24.3  million).
             Payments on CNST claims increased  by £152.8 million
             (7%) to £2,213.9 million from 2020/21. This increase was
             primarily in damages and claimant legal costs payments
             against high value (more than  £3.5  million) claims.]]></page><page Index="68"><![CDATA[44                                                                                Performance analysis



       Figure 12:
       Non-clinical  negligence payments for 2021/22

                                                                         2021/22 total:
                        2020/21  total:                                     £55.7m
                eo
                            £50.7m
                                                            £6.3m
                                             £5.9m          (11%)
                                             (12%)
                50

                                                          £17.4m
                                             £16.3m       (3 1 %)
                40                           (32%)
            E
            >-
            r
            a.
            A )
                30
            &
            O '
                                                          £32.Om
                                                          (57*)
            T    20
                                             £28.5m
                                             (56%)


                10




                0             2020721                                        2021/22

                     ■  NHS legal costs   ■  Claimant legal costs   ■  Damages paid to claimants

       Payments against all our non-clinical schemes totalled £55.7  million  in 2021/22 (£50.7  million)
       -which comprised damages paid to claimants of £32.0 million (£28.5  million),  claimant legal
       costs of £17.4 million (£16.3  million) and our legal costs of £6.3  million (£5.9 million).


       Figure 13:
       Payments on clinical claims by financial year from 2013/14 to 2021/22 for our CNST






















               o
                  2013/14   2014/15   2015/16   2016/17   2017/18   2018/19   2019/20   2020/21   2021/22
                                                      Financial year]]></page><page Index="69"><![CDATA[NHS Resolution      Annual report and accounts 2021/22                                            45



             Figure 14:
            Average of claimant costs paid on claims where damages are between £1  and £100,000 for claims closed  in
            the financial years from 2007/08 to 2021/22 for all clinical negligence schemes1


























                         Closure year                          -O -  Damages £0 - £25,000   Damages £25,001 - £100,000

            Across all claims settled, there was a steady increase over previous years in average claimant legal costs for claims
             involving damages up to £25,000; there was also an  increase over the past year of claimant legal costs for claims
             involving damages between  £25,001  and £100,000. These average costs were,  respectively,  £23,250 in 2021/22
             (£21,609) and  £52,953 (£48,361).
            The increase in average claimant legal costs for cases where damages settled  between £25,001  and £100,000
             has been affected by a reduction  in the number of cases that settled without the requirement to pay claimant
             costs (12 cases in 2021/22 compared to 24 in the previous year). These were typically property damages expense
             claims. Average damages paid have increased slightly between 2020/21  and 2021/22. This may reflect an
             increase in the complexity of cases settled during the financial year, driving an  increase in claimant legal costs.

             Figure 15:
            Average of claimant costs paid on claims where damages are between £1  and £100,000 for claims closed
             in the financial years from 2007/08 to 2021/22 for all non-clinical negligence schemes


























                        Closure year                           -O -  Damages £0 - £25,000   #    Damages £25,001 -  £100,000

             For non-clinical claims involving damages up to £25,000, average claimant costs reduced over the long term (£8,351  in 2013/14)
            to £5,961  in 2021/22. This reflects the impact of a fixed payments schedule for these claims that was introduced in 2013.


              There  has been a  restatement of the data for 2020/21  with the small  number of claims closing that
              had  not been  reflected  last year so the stated average  has changed slightly.]]></page><page Index="70"><![CDATA[46                                                                                Performance analysis





       Key performance indicators



       Our KPIs provide an objective assessment of our operational
       performance and cover all areas of our operations.


       We annually review these to help us to              Over the year our Board and Workforce Strategy
       continuously develop our services. At a high level,   Group monitored a variety of workforce indicators,
       our KPIs provide assurance to our Board and         including establishment levels, employee turnover,
       to DHSC that we are conducting our business         recruitment, sickness absence,  levels of pay, and equality
       as intended and as we are funded for.               and diversity statistics, to ensure that the associated
                                                           HR issues flowing from our business were properly
       Our KPIs are agreed by our Board and DHSC  and      managed. We use a red, amber and green (RAG) rating
       published annually via our business plan. This annual   to show which  KPIs we have fully met, came close to
       report addresses performance against our 2021/22    meeting (within  10% of target) and failed to meet.
       business plan. The target measures for some of our
       internal claims KPIs are confidential as publication
       could prejudice the effective management of claims.]]></page><page Index="71"><![CDATA[]]></page><page Index="72"><![CDATA[48                                                                                Performance analysis





                       Resolution





         No.     KPI description                                              Area       Target       Met

                 To respond to a letter of claim involving a clinical/non-clinical                   Not
           1                                                                 Claims      Internal
                 matter within the pre-action protocol period                                        met
                 To respond to a letter of claim within the timeframe agreed
          2                                                                  Claims      Internal    Met
                 between the parties

                 Time to resolution from claims decision to agreement of                             Not
          3                                                                  Claims      Internal
                 damages                                                                             met

                 The volume of cases that are repudiated initially with a
          4                                                                  Claims      Internal    Met
                 subsequent payment agreed
                 Reduction in the volume of cases which enter formal court
           5                                                                 Claims      Internal    Met
                 proceedings

                 The movement in the financial reserves placed on a claim is
          6                                                                  Claims      Internal    Met
                 managed within a target range
          7      Data accuracy                                               Claims      Internal    Met

                 'First step' letters sent out within seven days of receiving the
          8                                                                  Appeals      90%        Met
                 appeal or dispute
                 Appeals or disputes where 14 or more days' notice of hearing
          9                                                                  Appeals      100%       Met
                 has been given

                 Appeals where decision maker agreed with recommendation
          10                                                                 Appeals      80%        Met
                 of case manager

          11     Outcome of quality audits for appeals and dispute files     Appeals      90%        Met
                 Average number of weeks taken to resolve appeals and
          12                                                                 Appeals    15 weeks     Met
                 disputes - internal input only

                 Average number of weeks taken to resolve appeals and
          13                                                                 Appeals    19 weeks     Met
                 disputes-additional input
                 Average number of weeks taken to resolve appeals and                                Not
          14                                                                 Appeals    25 weeks
                 disputes - oral hearing                                                             met

                 Average number of weeks taken to resolve disputes - current                         Not
          15                                                                 Appeals    33 weeks
                 market rent valuation input required                                                met]]></page><page Index="73"><![CDATA[NHS Resolution      Annual report and accounts 2021/22





                            Intelligence





              No.     KPI description                                              Area       Target       Met

                      Healthcare Professional Alert Notices issued/released
               16                                                                 Advice       90%        Met
                      (where justified) within target working days
                      Healthcare Professional Alert Notices revoked
               17                                                                 Advice       90%        Met
                      (where justified) within seven working days







                   ^   Intervention

                d


              No.     KPI description                                              Area       Target       Met

                      Positive feedback from scheme members and                  Safety &    At least
              18                                                                                          Met
                      beneficiaries visited on recognition of products           Learning      60%
                      Response to scheme members and beneficiaries
              19                                                                                          Met
                      bulleted as below

                      •   95% response rate to scheme members and beneficiaries   Safety &
              19a                                                                              95%        Met
                         following a request for contact within three working days  Learning
                      •   Participation in 18 regional engagement events for
                                                                                 Safety &       18
              19b        scheme members and beneficiaries which include                                   Met
                                                                                 Learning     events
                         two national sharing and learning events
                      •   Eight safety and learning products to be made          Safety &       8
              19c                                                                                         Met
                         available for scheme members and beneficiaries          Learning    products

                      Advice education events rated by participants at                                  Not met
              20                                                                  Advice       90%
                      least four out of five for effectiveness/impact                                    (89%)

                      Requests for advice from our Advice service responded to
              21     within two working days (or within an alternative timeframe   Advice      90%        Met
                      requested by the employing/contracting organisation)

                      Assessments and other interventions
              22                                                                  Advice       90%        Met
                      delivered within the target timeframe
                      Assessment and other intervention reports
              23                                                                  Advice       90%        Met
                      produced/issued within the target timeframe

                      Percentage of exclusions/suspensions critically reviewed in
                                                                                                        Not met
              24      line with the following timescales: Stage 1 - after initial four   Advice  90%
                                                                                                         (89%)
                     weeks. Stage 2 - at three months. Stage 3 - at six months
                      Decisions on referrals for assessments and other
              25      interventions communicated to the referrer within 13        Advice       90%        Met
                     working days of receipt of all referral information]]></page><page Index="74"><![CDATA[50                                                                                Performance analysis



                       Fit-for-purpose




         No.     KPI description                                   Area            Target          Met

                                                                                  Between
                 Accuracy of budget and in-year
                                                                                  9S°/n and
          26     financial management of NHS                      Finance                        Not met
                                                                                100% of in­
                 Resolution's indemnity schemes
                                                                                year target
                                                                Membership
                 Undertake annual customer satisfaction             and          Complete
         27a                                                                                     Not met
                 survey to inform service development           Stakeholder      in 2021/22
                                                                Engagement

                                                                                  60% of
                                                                Membership       our CNST1
                 Indemnity scheme member participation
                                                                    and          and LTPS2
         27b     in our member satisfaction survey to
                                                                Stakeholder      indemnity
                 ensure engaged member base
                                                                Engagement        scheme
                                                                                 members
                                                                                                   Not
                                                                                 Increasing     applicable
                 Evidence of increasing scores covered by annual               scores in 50%
          27c                                                       All
                 customer satisfaction surveys year on year                      of subject
                                                                               areas covered

                 Overall approval rating in the 2020/21
         27d                                                        All             60%
                 customer satisfaction survey
                                                                   Digital,
                                                                  Data and
          28     Availability of core systems                                       95%           Met
                                                                Technology
                                                                   (DDaT)

                 Availability of extranet and                                     97.5%  in
          29                                                       DDaT                           Met
                 claims reporting services                                       core hours
                                                                                 Within 24
                 Respond to critical security alerts
          30                                                       DDaT           hours of        Met
                 (NHS Digital CareCERT)
                                                                                  receipt

                 Helpdesk to respond to calls
          31                                                       DDaT             90%           Met
                 within two hours of receipt
          32     Vacancy rate                                       All            <10%          Not met

          33     Uptake of annual staff appraisals                  All             90%           Met

          34     Engagement for the staff survey                    All            >75%          Not met

                 Voluntary turnover of staff during
          35                                                        All            <15%          Not met
                 six-month probationary period
                                                                Finance and
                 Prompt payment of suppliers
          36                                                     Corporate          95%          Not met
                 within 30 days
                                                                  Planning]]></page><page Index="75"><![CDATA[NHS Resolution      Annual report and accounts 2021/22                                            51



             Claims KPI framework                                KPI  24 -  Critically reviewed
                                                                 exclusions and suspensions
             Despite the ongoing impact of Covid-19, we have
                                                                 89%  of exclusions in secondary care (118 out of
             maintained a good service overall. Through the year,
                                                                 133 cases) in  England were reviewed by the Advice
            the pandemic has continued to have a significant
                                                                 service within the target timeframe.  In the  15
             impact on the healthcare providers we indemnify,
                                                                 cases where a  review was not undertaken within
            with the priority being the frontline response. Access
                                                                 the required timeframe, this was either due to the
            to healthcare professionals to provide expert and
                                                                 healthcare organisation being  unavailable to complete
            factual input into claims has been constrained.
                                                                 the review or due to administrative oversight.  In
            This has resulted in challenges in fully meeting a
                                                                 all cases, these reviews have now taken place.
            small number of our KPIs, specifically the time to
             respond to a formal claim for compensation.         KPI  26 -  Accuracy of budget and
                                                                 in-year financial  management
            A more detailed analysis of KPIs                     NHS Resolution  underspent by £238.6 million (8.7%)
            that were unmet                                      across revenue budgets, with  £222  million against our
                                                                 largest indemnity scheme,  CNST. The budget for 2021/22
             KPIs 1  and 2 -  Response time to a
                                                                 was set in summer 2020, when the ongoing  impact
            formal  claim for compensation
                                                                 of the pandemic was unknown.  The underspend was
            We missed the KPI  relating to meeting  protocol     due to settlement of fewer than expected high value
            timescales where the pandemic limited the availability   claims, and  lower than expected inflation in claims
            of healthcare professionals to provide expert opinions,   settlements.  However,  expenditure on CNST claims
            for example.  In the lower value tranches the target   has increased by £158.4 million (7.6%) since 2020/21,
            was missed  by 20%  and a  10%  reduction from the   with an  increase in payments on  high value claims
             previous year.  Performance was stronger in the higher   being the main element. This will also be influenced
            value tranches (cases valued above £100,000) where   by the mix of claims falling due for payment.
            the target was missed  by 2%.  However, we exceeded
                                                                 KPI  27a-d -  Our annual customer
            our target by 6% for the KPI  measuring our response
                                                                 satisfaction survey
            to an agreed timeframe between the parties.
                                                                 In  response to the pandemic, we suspended our
             KPI 3 -  Time to resolution
                                                                 membership satisfaction survey,  given  pressures
            We did  not meet our KPI that measures the time      on the NHS frontline due to Covid-19.  However,
             between a decision  being  made on whether to admit   in 2021/22 we undertook a series of 'deep dive'
             liability and payment of any agreed compensation.   interviews with strategic partners, conducted by an
            This KPI  requires a year-on-year reduction  in time to   independent market research agency,  in order to gain
             resolution to meet its target. This year, the time taken   feedback on our impact among these stakeholders.
            from admission of liability to settlement increased  by
                                                                 KPI  32 -  Vacancy rates
            over  10%  compared with the previous year. Again, this
             KPI  relies on the input of healthcare professionals to   As at 31  March 2022 our vacancy rate was 24.3%.  This
            advise on ongoing,  past and future needs,  particularly in   vacancy rate has remained  high due to a delay in approval
             higher value cases, to assess the value of compensation.  of our Claims Evolution  Programme business case.
             KP114 -  Time taken to resolve appeals              KPI  34 -  Engagement with our staff survey
            and disputes (oral  hearing)                         Despite the response rate being  lower than our
                                                                 previous survey, due to the increase in our headcount
            This metric includes hearings delayed due to the
                                                                 figures,  more staff actually completed the survey
            Covid-19 pandemic during the January 2021
                                                                 this year.  Our response rate, 62.8%,  remained
             lockdown.  Had this not been the case the average
                                                                 above the national average response rate.
            time would  be 23 weeks and within target.
                                                                 KPI  35 -  Voluntary turnover of staff
             KP115 -  Time taken to resolve disputes (current
             market rent valuation  input required)              18%  of our overall voluntary turnover was
            Turnaround time was influenced  by one exceptional   from staff within their probation  period.
            case which experienced a  number of delays -  if this one   KPI  36 -  Prompt payment of suppliers
            case were excluded, we would have met our target.
                                                                 Performance against the prompt payment of suppliers
             KPI 20 -  Advice education events                   metric continues to be below the 95% target at 90%,
                                                                 but has improved since 2020/21  as the finance system
            89%  of education events have received a
                                                                 implemented in December 2019 has bedded  in and
            score of four out of a possible five during this
                                                                 incremental  process improvements have been  made.
            financial year.  Five events fell  below the KPI.]]></page><page Index="76"><![CDATA[52                                                                                Performance analysis





       An organisation fit for its purpose



       Sustainability report

       NHS Resolution's main activities have been  run from two   Climate change and  rural  proofing
       offices:  10 South Colonnade, Canary Wharf,  London,
                                                           We have assessed the potential  impact of climate change
       and Arena  Point and then moving to 7-8 Wellington
                                                           as  "low"  on our operations.  Our facilities and technology
       Place in  Leeds from  February 2022.  Both offices are
                                                           strategy has been to leverage wider government provided
       leased as serviced offices with the landlord taking
                                                           services, as evidenced by our location strategy, and
       primary responsibility for providing gas, electricity,
                                                           NFIS provided  platforms and services where possible,
       water and waste services. The service charges are built
                                                           as evidenced by our Technology strategy. This will
       into the lease terms. This means our direct influence
                                                           mitigate any potential impacts of climate change.
       on energy, water and waste management is limited
       and therefore much of our work around sustainability   In terms of commitment towards Net Zero, we are
       is through our commitment to the wider Government   committed to supporting the NFIS ambition of achieving
       initiatives for smarter working, such as the Places for   a Net Zero NFIS by reviewing the emissions we have direct
       Growth  programme and the  Flub Network strategy.   control over and those that we are able to influence.  In
                                                           2021/22 the senior management team supported the
       Migrating IT systems into the cloud has progressed
                                                           set up of a Net Zero and Sustainability Network with
       even further this year.  Smarter, agile working means
                                                           staff to put together proposals which would  move NFIS
       that localised energy use is reduced to minimal
                                                           Resolution towards the NFIS Net Zero goal  by 2040.
       levels across both  London and  Leeds sites. This is
       a  positive step towards more efficient, sustainable   Greenhouse gas (GHG) emissions
       systems and technologies.  IT hardware is recycled as
                                                           The GFIG  protocol provides an  international
       a  best practice through internal  NFIS channels.
                                                           accounting framework for GFIG  emissions
       Our initiative to work 'paperlite' has been achieved   and divides these into three scopes:
       through the new Ways of Working  programme, the
                                                           •  Scope 1  emissions cover sources controlled
       pandemic and the development of new software
                                                              by us and  include gas consumption, fuel
       technologies that have allowed  us to become less
                                                             oil  usage and fugitive emissions.
       dependent on  multifunctional devices and  retain
                                                           •  Scope 2 emissions cover electricity.
       physical records, and their associated storage.
       Our London office -   10 South Colonnade -  has a   •  Scope 3 covers all other emissions including
       comprehensive sustainability and net zero strategy in   delivery and distribution, purchase of materials
       place led  by the Government Property Agency (GPA). All   and consumables,  use of owned and leased
                                                             assets, contracted out services and waste
       governing body tenants collaborate on a  regular basis
       to discuss initiatives and the building's environmental   disposal. All categories are an optional
       performance and compliance objectives as part of a     reporting category except business travel.
       Sustainability Development Forum which feeds into
       the wider Government action plan on sustainability.
       The Leeds office has just moved to new offices at 7-8
       Wellington  Place under the responsibility of FIMRC
       and  has a similar make-up to the London office.
       The building  is under two years old and uses newer,
       efficient sustainable technologies in construction,
       mechanical and electrical, and fixtures and fittings.]]></page><page Index="77"><![CDATA[NHS Resolution      Annual report and accounts 2021/22                                            53





            Table 2: GHG emissions



              GHG emissions:                                     2021/22   2020/21    2019/20   2018/19   2017/18
              tonnes C02

              Gross emissions for       Combined tC02e from
                                                                   553.49      N/A        N/A       N/A       N/A
              scopes 1  and 2           gas and electricity
              Gross emissions           Energy from
                                                                     1.93      N/A        N/A       N/A       N/A
              for scope 3               waste tC02e
                                        Business travel                 5         2        38        44        24

            Given the NHS Resolution office move we are now able to calculate GHG emissions using monthly data received from GPA.


            Table 3: Energy consumption


              Scope 3 -                2021/22          2020/21          2019/20          2018/19         2017/18
              Building energy
              consumption
                                   Qty     Cost     Qty     Cost     Qty    Cost     Qty     Cost     Qty     Cost
                                (MWh)        (£)  (MWh)      (£)  (MWh)       (£) (MWh)1       (£)  (MWh)       (£)
             Electricity           252   49,308     144   17,581     188  23,566      184   22,411    304   38,113

             Natural gas             10   1,260      58    2,590     103    4,603      99   4,460      98    4,351

             Energy consumption was lower in previous years due to the pandemic and home working. Costs are now higher due to the
             return to office and NHS Resolution's move to new premises where the allocation of energy costs is calculated differently.


            Table 4: Travel


              Scope 3 -                2021/22          2020/21          2019/20          2018/19         2017/18
              Business travel


                                  Miles Cost (£)   Miles Cost (£)  Miles Cost (£)   Miles Cost (£)   Miles Cost (£)

             Road                 8,080   4,976   9,465    5,622  47,890   29,399  42,966  23,624  46,203   25,874
             Air                      0       0       0        0  49,553   14,100  43,683   11,356  42,873  12,510

             Rail                39,817  15,049    6,015   1,573 371,925 162,886 290,131   115,979 333,172  112,160




















             Tonnes of CO, equivalent (tCO,e)]]></page><page Index="78"><![CDATA[54                                                                                Performance analysis



       Table 5: Waste


        Waste                     2021/22         2020/21          2019/20          2018/19          2017/18

                              Qty    Cost     Qty     Cost     Qty     Cost     Qty     Cost     Qty    Cost
                          (tonnes)     (£) (tonnes)     (£) (tonnes)     (£) (tonnes)    (£) (tonnes)     (£)

                                6     702     5.19     639     12.8     549     14.6   1,805    12.7    1,563


       Table 6: Use of finite resources



        Waste                  2021/22          2020/21          2019/20           2018/19           2017/18



                        Qty    Cost (£)   Qty    Cost (£)  Qty    Cost (£)  Qty    Cost (£)   Qty    Cost (£)

       Water
                      367.5 m3     934   :339 m3     815  1,561  m3  3,680  1,343 m3  3,233 1,400 m3   3,370
       consumption
       Administrative       20               80             1,805            2,500             2,655
       paper1           reams       49    reams      178   reams    4,099    reams    5,570   reams    6,662
                         of A4            of A4             of A4            of A4            of A4

       Water consumption was lower in the previous years due to the pandemic and home working.  Costs are now returning
       to a more normal level due to the return to office and NHS Resolution's move to new premises where the allocation
       of water consumption costs is calculated differently.















































        Paper use  is paper purchased for home workers'  printers only.  Paper usage for outsourced  printing of collateral  has not  been  included.]]></page><page Index="79"><![CDATA[NHS Resolution      Annual report and accounts 2021/22                                            55





            Finance report






               Headlines in numbers                              Year-end provisions
               •  The provision for the liabilities arising      The provision is the value of liabilities arising from incidents
                 from claims has increased by £43.4 billion      that occurred before 31  March 2022 at current prices,
                 (50.8%) from £85.2  billion to £128.6 billion,   both in relation to claims received and our estimate of
                 primarily due to a technical accounting         claims that we are likely to receive in the future from
                 change affecting the provision.                 those incidents which have occurred but have yet to be
                                                                 reported as claims (incurred but not reported, IBNR).
               •  The total value of clinical  negligence claims
                 under the CNST scheme incurred as a  result     The provision has increased by £43.4 billion (50.8%) to
                 of incidents in 2021/22 was £13.3  billion,     £128.6 billion. The most significant factor, accounting
                 up from  £7.9 billion the previous year. The    for £42.6 billion of this change,  is the reduction in the
                 change in the long term discount rates set      long term and very long term discount rates set by HM
                 by HM Treasury has significantly affected this   Treasury. The discount rate is designed to recognise the
                 value,  increasing  it from £8.7  billion  based   value of money over time:  £1  now may be worth more
                 on the previous set of discount rates.          or less in the future. Applying a discount rate to the
                                                                 amounts we expect to pay out in the future enables
               •  Payments for settling claims in 2021/22  increased
                                                                 us to put a value on those outgoings at today's prices.
                 by £199 million (8.8%), to £2.459 billion.
                                                                 It tells us how much we would need to pay out if we
               •  Administration costs increased by £8.8 million   settled all of those future obligations today.  In accordance
                 (25%) to £44.2 million.                         with  International Financial  Reporting Standards,  HM
               •  Budget position:                               Treasury has applied market rates which reflect the low
                                                                 cost of borrowing to Government in determining the
                 - Department Expenditure Limit (DEL)
                                                                 long term discount rate.  Note 7.3 to the accounts shows
                   £239 million (8.7%) under budget.
                                                                 how the rates have changed, with the most significant
                 - Annually Managed  Expenditure (AME)           changes being the reduction in the nominal long term
                   £2.63  billion (5.7%) under budget.           (10 to 40 years) and very long term (over 40 years)
                                                                 rates from  1.99% to 0.95% and 0.66%  respectively.
               The two key aspects to NEIS  Resolution's financial
               activities are the provision for liabilities arising from   A significant proportion of the provisions are expected
               incidents which have already happened, and in­    to be settled over the longer term. Consequently,
               year budgetary performance which  includes both   these reductions in the long term rates have had a
               scheme payments and our administration costs.     considerable impact on the value of the provision.
                                                                 However, this is an accounting judgement that does
                                                                 not change the underlying future payments that
                                                                 will be incurred in meeting the obligations arising
                                                                 from claims when they fall due in the short term.]]></page><page Index="80"><![CDATA[56                                                                                Performance analysis



       Aside from this factor, the increase in the provision   Where Covid-19 does affect the provision, there are
       from another year's worth of activity has been  broadly   two partly offsetting factors:  expected lower claim
       offset by favourable movements in assumptions in    numbers from lower clinical activity,  particularly
       relation to claims inflation. Claims settlements have,   for non  maternity activity in 2020/21, offset by
       in  recent years, not risen as fast as historical  patterns   new risks and potential sources of claims.
       have suggested, and we have reduced the claims
                                                           Lower activity in 2020/21  reduces the IBNR provisions
       inflation assumption again for the 2021/22 financial
                                                           across CNST and CNSGP by around  £0.3  billion.  This
       year.  However,  it is important to recognise that the cost
                                                           is offset by the IBNR provision for new Covid-19 risks
       of clinical negligence across the NHS in-year continues
                                                           and potential claims which  is £1.3  billion, hence the net
       to be significant. The estimated cost of incidents
                                                           impact of Covid-19 is to increase the provision across all
       arising from the clinical activity in 2021/22 covered
                                                           schemes by around  £1.0 billion. This compares to a  net
       by our CNST scheme was £13.3  billion (see Note 2.1
                                                           impact of Covid-19 of £0.5  billion across all schemes last
       to the accounts). This figure is materially higher than
                                                           year. The main driver of the increase relative to 2020/21
       the £7.9 billion reported  in 2020/21  -  reflecting:
                                                           is the higher number of assumed claims in relation to
       •  the change in the  HM Treasury long term         the indirect impacts of Covid-19 of delays, cancellations
         discount rates, which places a much  higher       and misdiagnosis reflecting  longer waiting  lists.
         value on projected claims costs; and
                                                           Given the time lag  in  reporting claims there have
       •  the assumption that clinical activity would  have   only been a small  number of Covid-19 related
         increased  in 2021/22 compared with 2020/21       claims reported to date.  Given the lack of historical
         where activity would  have been  impacted  by the   claims data the high-level approach adopted to
         pandemic. We estimate that the annual cost of     quantifying the impact of Covid-19 on the provisions
         incidents would  have been  £8.7 billion without   is discussed  in detail  in  Note 7.2 to the accounts.
         the impact of the change in discount rates.
       The estimated impact of Covid-19 on the
       provision continues to be limited  because:
       •  the vaccination programme was successful  in
         reducing the impact on  NHS activity in 2021/22;
       •  the impact of Covid-19 is largely on incidents
         which have occurred in the last two financial
         years and the majority of the provision
         relates to incidents before this; and
       •  the majority of the provision  relates to maternity
         claims (70%) and the evidence available to date
         suggests that the number of claims to expect
         for 2021/22 will  be similar to previous years.]]></page><page Index="81"><![CDATA[NHS Resolution      Annual report and accounts 2021/22                                            57



             Figure 16:
             Change in  NHS Resolution provisions for all schemes
























                       Q    Total provisions as at 31 March 2021      I  |   Total provisions as at 31 March 2022
                       1   Projected IBNR increase calculated on start of year   5   Payments made in year
                           (2021 assumptions)
                                                                      6   Movement in provisions due to change in
                       2   Newly reported claims                          HM Treasury prescribed discount rates,
                                                                          including change in inflation basis
                       3   Movement in IBNR due to updated assumptions
                       4   Movement in existing claims due to changes
                           in data assumptions





             Figure  16 shows how the provision for liabilities has   •  A decrease of £2.3  billion as a result of removing
             changed over the last year for all  incident years across   the risk and uncertainty margin.  NHS Resolution  has
             all schemes.                                          been continually refining  its reserving  methodology.
                                                                   This is to develop a best estimate of the provision.
            The provision at 31  March 2021  has been  increased
                                                                   We seek to address the risk and uncertainty in the
             by £2.457  billion from £82.785 billion to £85.242
                                                                   provision through the discussion of sensitivities and
             billion to reflect a  prior period adjustment to the
                                                                   reasonable range in  Note 7.3 to the accounts.
             known claims provision.  Further details are provided
             at Item 4 below,  and at Note 7.4 to the accounts.  •  A decrease of £0.2  billion for the change in assumption
                                                                   for projected number of successful claims. This
             Items 1  and 2: Liabilities from another year's worth
                                                                   includes refinements to the methodology in  respect
             of activity for all schemes for all  incident years are
                                                                   of estimating the number of potential  PPOs. We
             £8.5  billion.
                                                                   separately project claims that are expected to be
             Item 3: shows a decrease of £6.9 billion due to changes   notified under the  EN Scheme, as this scheme is
             in assumptions affecting the IBNR provision. The main
                                                                   expected to accelerate the reporting of many PPO
             drivers of this decrease are in the CNST IBNR, which  is the
                                                                   claims. This refinement reduces the IBNR but is offset
             most material component with a £6.2  billion  reduction:
                                                                   by an  increase in the number of assumed PPOs for non-
             •  A decrease of £5.7 billion for inflation and average   EN claims, following recent claims reporting experience.
               cost assumptions.  In general, the average cost of   Taken together, the assumed number of claims
               claims in  recent years has not risen by as much as the   increases the CNST IBNR by £1.6 billion. Also included
               inflation assumptions made in  previous years. This   in this impact is the change in the assumed  probability
               is particularly the case for periodical payment order   of the claims settling with damages payable -  which
               (PPO) damage payments which make up the majority    by itself decreases the CNST IBNR by £1.8 billion.
               of the IBNR provision. The gross reductions in the
               CNST IBNR are £4 billion for changes in  long term
               inflation assumptions and  £4.5  billion for changes in
               the average cost per claim assumptions.  However, an
               adjustment has been  made to short-term  inflation
               assumptions in line with current economic conditions.
               This has increased the CNST IBNR by £2.8 billion.]]></page><page Index="82"><![CDATA[58                                                                                Performance analysis



       •  An  increase of £2  billion  in  respect of lag   Applying an actuarial view of the timing of
         and  payment patterns and  updated mortality      cashflows to the known claims provision  has resulted
         assumptions in  respect of potential  PPO claims.  in an adjustment to the known claims provision of
                                                           £2.8 billion in 2021/22. This is partially offset by the
       There has been an overall  increase of £0.5 billion (from
                                                           restatement of the opening provision of £2.4 billion.
       the net £0.5  billion  provided for in 2020/21) for the
       assessed  impact of Covid-19 on the provisions. This   Item 5: £2.5  billion was paid out during the financial
       primarily reflects slightly higher NHS activity in 2020/21   year to settle claims. This is lower than the amount
       than was estimated last year (which  is therefore expected   we receive in claims from another year's worth of

       to increase the number of clinical claims), and an  increase   activity (Items  1 and 2) partly because we generally
       in the number of claims owing to delays, cancellations   settle high-value cases where ongoing care is a feature
       and  misdiagnosis reflecting longer waiting  lists.  with a periodical payment order. This gives a regular
                                                           payment to the claimant over the rest of their life.
       The remaining decrease of £1.2  billion  relates to
       the effects of assumptions changes on  IBNR for     Five years ago (at the end of 2016/17 financial
       the other indemnity schemes (including a net        year), the number of PPOs in  payment was  1,826
       decrease of £14 million for the effect of Covid-19   with  £179 million  paid out that year, and a whole
       on the risk of claims covered  by other schemes).   life value of £12 billion. At the end of this financial
       Item 4: The liability has increased  by £1.6 billion  in   year (2021/22), the equivalent figures were 2,530,
       respect of changes in assumptions affecting known   £336 million and £29.5  billion  respectively.
       claims. The known claims provision  is impacted     Item 6: There is a significant increase in the provision
       by the changes in inflation and Annual Survey       of £42.6 billion due to the reductions in the long
       for Hours and  Earnings (ASHE) assumptions.         term and very long term discount rates specified
       •  A net increase of £2.8billion relates to claims   for use by HM Treasury, which  has been discussed
         that were open at 31  March 2021  and  remain     at page  55 of the Finance report.  This includes a
         open at 31  March 2022.  This is due to reserve   £1.7 billion increase arising from the adjustment
         values, estimated settlement year and  probability   made to the known claims provision  in  respect of
         of success of individual claims being  revised    timing of cashflows as set out at Item 4 above.
         as more information becomes available.
                                                           The changes discussed above highlight the uncertainty
       •  A decrease of £1.6 billion  in the liability relates to   affecting the valuation of the provision. The sensitivity
         claims closed during the year,  either at a  lower value   of the legal environment to our actions in  managing
         than expected, or where the claim was repudiated.  the cost of claims, the degree of activity in the legal
                                                           and health  policy arena  in  response to the growth
       An adjustment to the known claims provision  has
                                                           in costs, and  NHS  Resolution's view of the effect of
       been  introduced to allow for the difference between
                                                           these on  key assumptions may change over time.
       the value of claims expected to settle within one year
                                                           Resulting small changes in assumptions as well as
       of the balance sheet date based on  individual claims
                                                           changes to discount rates reflecting the financial/market
       data, and an actuarial view of the timing of cashflows
                                                           environment,  as described above, can  have significant
       based on  historical claims settlement patterns.
                                                           impacts on the provision from one year to the next.
       The settlement date for individual claims is used
                                                           Sensitivity of the valuation to changes in assumptions
       in the known claims provision calculation to
                                                           is discussed  in  more detail at Note 7.2 on  page  134
       determine the rate of inflation and discounting to
                                                           in the Notes to the accounts section of this report.
       be applied. The Covid-19 pandemic has increased
       the uncertainty over when claims are likely to settle.
       NHS Resolution experienced an  unexpected  £120
       million (5%) reduction  in claims payments in 2020/21
       at the height of the pandemic,  but payments have
       increased  by £199 million (9%) in 2021/22.
       In 2021/22 we have seen an  increase in  both the
       volume and value of claims in our claims data with
       settlement dates in the near term. This reflects that claims
       management has been disrupted over the last two years.
       As a result of this review, we have concluded
       that this approach should  have been applied to
       prior periods, drawing on the information that
       was available at the time, as it gives a better
       estimate of the known claims provision.]]></page><page Index="83"><![CDATA[NHS Resolution      Annual report and accounts 2021/22



             In-year financial performance
            The settlement and administration of indemnity schemes   The public sector funding  regime does not require NHS
             is funded  by a combination of contributions from   Resolution to have sufficient assets to cover the long
             members (NHS and  independent sector providers of   term liabilities as these will  be financed  by Government
             healthcare, clinical commissioning groups and other   at the time they become due for settlement. Therefore,
             DHSC ALBs), and financing from DHSC.  General  practice   NHS Resolution only collects the cash needed to
             indemnity (GPI) costs are funded out of the budget held   settle claims in the financial year in question.
             by NHS  England for the NHS, via  DHSC financing.
                                                                 Indemnity schemes in-year financial  position
             DHSC  sets a budget in respect of this financing on a
                                                                 Expenditure on clinical schemes against income and
             Departmental  Expenditure Limits (DEL) basis. The DEL is
                                                                 budget set by DHSC  is shown in Table 7.  These costs
             a  HM Treasury budgetary control1, which covers income
                                                                 include NHS Resolution's own administration costs.
             and spending on general administration costs, e.g.
             salaries and goods and services, but also the settlement
             (utilisation) of the provisions in the financial year.




            Table 7: Clinical schemes financial performance

              Clinical scheme                                                              2021/22        2020/21
                                              Income /   Expenditure         Under/      Percentage    Expenditure
                                               budget                    (over)spend        under/
                                             (£ million)    (£ million)    (£ million)  (over)spend      (£ million)
              Member funded - CNST               2,459          2,237           222             9%           2,079

              DHSC funded schemes                  114           104              10            9%             86
              GPI                                  86             94             (8)           -9%             67

              CNSC                                   1              0              0           52%               0
              Total clinical schemes             2,659          2,435           224             8%           2,233





             CNST is our largest scheme and has the majority of   The year-on-year increase in CNST spending  has been
            the underspend against budget.  In  recognition of   driven by a £177 million (19%) increase in spending
            the slowing of claims inflation  rates, total funding   on claims valued at over £3.5  million,  primarily in
            for CNST for 2021/22 was held at the same level as   damages payments, and with the majority of the total
            the previous financial year. The 2021/22  budget was   increase of £17  million  in claimant legal costs being
             set in the summer of 2020 when the full extent of   against this tranche of claims. This is influenced by the
            the pandemic, and the consequent impact on claims    mix of claims coming due for settlement in the year.
             payments on 2020/21  DEL expenditure, was unknown.
                                                                 NHS legal costs of CNST have reduced by £2.8 million
             Payments on CNST claims and scheme administration   year on year.  Expenditure on nil damages value claims
             increased year on year by £158 million (8%), compared   has reduced  by £8 million,  partially offset by increases
            to a year-on-year reduction of £94 million (4%)      in spending on claims valued at over £100,000.
             between 2019/20 and 2020/21.  Nevertheless, this
             increase still  resulted in a  £222  million (9%) underspend
             against the CNST collect as the assumptions for the
            volume and value of high-value claims settlements
             in  particular did  not occur to the extent expected.






              HM Treasury Consolidated  Budgeting Guidance can  be found at
              https://www.aov.uk/aovernment/publications/consolidated-budaetina-auidance-2017-to-2018]]></page><page Index="84"><![CDATA[60                                                                                Performance analysis



       The Early Notification Scheme within CNST is still very   The budget for GPI schemes was set during the
       much  in  its early stages of development. The scheme   financial year on the basis of a  run rate for expenditure
       proactively investigates specific brain injuries at birth for   for the first half of the financial year.  However, the
       the purposes of determining if negligence has caused   rate of expenditure on claims settlements increased
       the harm.  It usually takes on average until a child  is aged   unexpectedly in the second  half of the year as claims
       around  11  to understand the full extent of injury and   were expedited. This overspend was contained within
       the consequent level of care needed.  However, as we   the total  level of financing that DHSC  provides to
       continue to refine and streamline the scheme, and  by   NHS  Resolution for all of the schemes it funds.
       targeting our investigations, this has resulted in an 8%
                                                           Very few claims have been  received for the CNSC
       reduction  in  NHS legal costs to £4 million on  EN cases.
                                                           indemnity scheme set up as part of the response to
       The value of damages payments on the  EN Scheme
                                                           Covid-19.  £28,000 has been spent on  NHS legal costs,
       has increased from £3.2  million  in 2020/21  to £10.2
                                                           with a further £236,000 spent on administration
       million as the scheme aims to support families in  real
                                                           costs (including corporate overhead costs).
       time. Claimant legal costs have also increased from  £0.4
       million to £1.9 million as claims are now progressing.
       Expenditure on  DHSC  and  GPI schemes also increased
       year on year. A number of high value claims settled
       against the DHSC  clinical scheme in 2021/22 as
       expected, driving the increase in spending.

       Table 8: Non-clinical schemes financial performance

                                                                                      2021/22       2020/21

         Non-clinical scheme            Income /    Expenditure        Under/      Percentage    Expenditure
                                         budget                    (over)spend        under/
                                       (£ million)    (£ million)    (£ million)  (over)spend      (£ million)

         Member funded - LTPS                 57             49              8           14%             45
         Member funded - PES                   9              4              5           51%               3
         DHSC funded scheme                    7              7              0            4%               7

        CTIS                                   0              0              0            0%               0

        Total non-clinical schemes            73             61             13           17%              56


       Expenditure on  LTPS has increased  by £4 million (9%)   NHS  Resolution also has a  budget for Annually
       compared to last year and  by £2  million (5%) compared   Managed Expenditure. This is to cover expenditure
       with 2019/20.  Despite this increase in expenditure   on volatile or difficult-to-manage budget
       we still experienced an £8 million (14%) underspend   items, and is set on an annual basis.
       against the LTPS collect which was set in the summer of
                                                           NHS  Resolution's AME is in  respect of the net movement
       2020. The year-on-year increase in  payments is across
                                                           in  provisions for all of the indemnity schemes,  i.e. the
       all elements of the budget, with the biggest increase
                                                           change in the provision  less any provisions settled  in
       in damages spend (£3.6 million).  The overall  increase
                                                           the year.  Performance against budget is forecast in line
       in  payments year on year has been  mainly driven  by a
                                                           with the Parliamentary timetable,  but this is before the
       £3.5  million increase in spend on  high-value claims.
                                                           work on setting the key assumptions from observed
       Expenditure on  PES is volatile and  it is difficult to predict   experience has commenced.  Prudent estimates in relation
       due to the nature of claims received  under this scheme.  to key potential variables are therefore used to inform
                                                           the budget,  in discussion with  DHSC  and  HM Treasury.
       No claims have been received for the Coronavirus
       Temporary Indemnity Scheme (CTIS), and
       £79,000 has been spent on administration
       (including corporate overhead costs).]]></page><page Index="85"><![CDATA[NHS Resolution      Annual report and accounts 2021/22                                            61



            As noted above (see Item 3  under Figure  16),  some   Table 9: Annually Managed Expenditure
            favourable movements in  key assumptions,  most
             significantly financial assumptions in  relation to future
                                                                  Annually Managed                (fm)       (fm)
             inflation rates,  have had a  positive impact on AME
                                                                  Expenditure
            this year.  Flowever, the impact of the HM Treasury
             discount rate changes (Item 6 under Figure  16) was   Budget                                  45,938
             underestimated  in the budget. A gross adjustment
                                                                  Expenditure
             of £4,612  million was applied to the 2021/22 known
             claims provision to align expected settlement timings   Net cost of new claims       3,143
            with an actuarial view of timing of cashflows (Item 4    provisions
             under Figure  16).  This is partially offset by the increase
                                                                     Change in discount rate    42,623
             of £2,457  million of the provision at 31  March 2021.
                                                                     Settlement of provisions   (2,458)
            The net effect of these factors has resulted  in an
             underspend on the AME budget of £2,630 million.       Total expenditure                       43,308
             Flowever, there is no specific budgetary cover provided
                                                                   Under/(overspend)                        2,630
            for the prior year adjustment of £2,457 million,  and this
             has been  reported to DFISC  as a budgetary breach.]]></page><page Index="86"><![CDATA[62                                                                                Performance analysis



       Administration costs in-year
       financial performance

       Administration costs for all of our activities (including the   We have continued to expand our operations this year
       costs of administering member-funded schemes and  GPI   to handle the historical claims taken on from  MPS
       arrangements which  have been allocated to the scheme   in April 2021  and the increasing volume of claims
       DEL budgets above) have increased  by £8.8 million (25%)   being  received from the maturing CNSGP scheme.
       to £44.2  million. This primarily relates to staffing costs,  as   General  practice indemnity scheme claims require
       average full-time equivalent staff numbers have increased   more activity from our staff compared to claims against
       by 92 (23%) to 492. The costs of a further eight full-time   secondary care providers as the latter have legal teams
       equivalent staff were charged to capital  projects bringing   to support with the administration of the claim.
       our total to 500 full-time equivalent staff members.
                                                           We have launched a  programme of change in  respect
       In addition, this year we have generated  £935k (£759k   of our business model for claims delivery which we
       in 2020/21) of income from commercial activity in   anticipate will  increase our administration costs further,
       respect of activities and services to other national   but will deliver financial  benefits from reduced  NHS legal
       governments delivered by our Practitioner Performance   costs. We have also progressed with the implementation
       Advice service. These activities made a surplus of £ 142k   phase of a replacement of our core IT operating systems,
       (15%) during the year as we have adapted to remote   as well as other IT and digital projects to enhance our
       delivery of educational services through the pandemic.  infrastructure and analytical capabilities. Corporate
       The average administration cost of resolving claims   support costs have also increased  in  relation to provision
       has increased in recent years as a result of our    of actuarial advice on our expanded range of indemnity
       investment in staffing  in order to meet our widened   schemes, and to assist with the delivery of the objectives
       remit and objectives in tackling the broader drivers   of a growing and increasingly complex organisation.
       of claims costs to minimise costs overall.

       As a proportion of the value of total claims
       settlements, administration costs have increased
       from  1.28% to  1.50%. Administration costs have
       increased at a faster rate than claims payments.




       Figure 17:
       Administration spend as a percentage of annual total claims settlement costs


































                                                        Financial year]]></page><page Index="87"><![CDATA[NHS Resolution      Annual report and accounts 2021/22                                            63



             Capital
             £3 million was spent on capital purchases in the year,
             an  underspend of £5.4 million against the budget of
             £8.4 million.
            The majority of capital expenditure and  budget is
            for the Core Systems Programme, set up to replace
             our main operational IT systems. The start of the
             implementation phase of the project was delayed  by
             half a year due to the delay in approval from DHSC  as
            the department prioritised the Covid-19 response.

             Cash
            The balance has increased by £251  million to
             £549 million by the end of the year due to the
             in-year underspend on the member funded schemes.
            We continue to discuss with DHSC the options for
             utilising cash surpluses in the context of limited
             opportunities for budgetary cover to enable reductions
             in contributions for members in future years.  Funding
            for member-funded schemes is provided through the
             NHS finance regime, and any underspends incurred
             by NHS  Resolution contribute to the management
             of the overall  DHSC  group financial  position.
             I am satisfied that this Performance report is a
            true and fair reflection of the work undertaken
             by NHS  Resolution throughout 2021/22.







             Helen Vernon
             Chief Executive and Accounting Officer
             Date:  14 July 2022]]></page><page Index="88"><![CDATA[]]></page><page Index="89"><![CDATA[NHS Resolution      Annual report and accounts 2021/22                                            65





            Accountability

            report]]></page><page Index="90"><![CDATA[66                                                                        Corporate governance report





       Corporate governance report



       Directors' report
       This report primarily provides information about the composition of the

       Board1of NHS Resolution. The Board had authority or responsibility for
       directing or controlling the major activities of the entity during the year.



       Figure 18:
       NHS Resolution's Board




                                                                     Non-executive Director
                                                                     Nigel Trout




                                                                     Non-executive Director
                                                                     Charlotte Moar




                                                                     Non-executive Director
       I  H  h i  Board members   Q   Non-board members              Professor Dame Lesley Regan




                     Mike Pinkerton                                  Non-executive Director
                     Interim Chair of the Board                     Janice Barber
                     and Non-executive Director



                     Helen Vernon                                   Associate Non-executive Director
                     Chief Executive and                             Dr Mike Durkin QBE
                     Accounting Officer



                                                                    Associate Non-executive Director
                                                                     Sir Sam Everington QBE
















           Joanne         John         Dr Denise       Simon           Vicky          Ian           Niamh
           Evans          Mead          Chaffer       Hammond         Voller         Adams         McKenna
         Director of     Technical     Director of     Director      Director of   Director of      Chief
         Finance and      Claims       Safety and     of Claims     Advice and     Membership     Information
          Corporate      Director       Learning     Management       Appeals         and           Officer
          Planning                                                                 Stakeholder
                                                                                   Engagement


        NHS  Resolution  publishes a  register of interests of each of its Board  members on  its website:  https://resolution.nhs.uk/leadership/.]]></page><page Index="91"><![CDATA[NHS Resolution      Annual report and accounts 2021/22                                            67










             Statement of Accounting Officer's responsibilities

             Under the National  Health Service Act 2006, the    The Accounting Officer of DHSC  has designated  me,
             Secretary of State for Health and Social Care has   the Chief Executive, as Accounting Officer of NHS
             directed  NHS  Resolution to prepare for each financial   Resolution. The responsibilities of an accounting officer,
            year a statement of accounts in the form and on the   including  responsibility for the propriety and regularity
             basis set out in the Accounts Direction.  The accounts   of the public finances for which the accounting officer
             are prepared on an accruals basis and  must give a true   is answerable, for keeping proper records and for
             and fair view of the state of affairs of NHS Resolution   safeguarding  NHS  Resolution's assets, are set out in
             and of its net expenditure, statement of financial   Managing Public Money published  by HM Treasury.
             position and cash flows for the financial year.
                                                                 To the best of my knowledge and  belief,  I have properly
             In  preparing the accounts, the Accounting          discharged the responsibilities set out in  my letter of
             Officer is required to comply with the              appointment as Accounting Officer of NHS Resolution.
             requirements of the Government Financial            As far as I am aware, there is no relevant audit
             Reporting  Manual and in particular to:             information of which our auditors are unaware, and  I
                                                                 have taken all the steps that I ought to have taken to
             •  observe the Accounts Direction  issued by the Secretary
                                                                 make myself aware of any relevant audit information
               of State for Health and Social Care,  including the
                                                                 and to establish that our auditors are aware of that
               relevant accounting and disclosure requirements, and
                                                                 information.  I confirm that the annual report and
               apply suitable accounting  policies on a consistent basis;
                                                                 accounts as a whole is fair, balanced and understandable
             •  make judgements and estimates on a  reasonable basis;
             •  state whether applicable accounting standards    Helen Vernon
               as set out in the Government Financial  Reporting   Chief Executive and Accounting Officer
               Manual  have been followed, and disclose and
               explain any material departures in the accounts;

             •  prepare the accounts on a going concern basis; and
             •  confirm that the annual  report and accounts as a
               whole is fair,  balanced and understandable and take
               personal  responsibility for the annual report and
               accounts and the judgements required for determining
               that it is fair,  balanced and  understandable.]]></page><page Index="92"><![CDATA[68                                                                        Corporate governance report





       Governance statement



       Scope of responsibility
       As Chief Executive and Accounting  Officer of NHS  Resolution  I am  responsible for
       maintaining a sound system of internal control that supports compliance with our

       policies and the achievement of our objectives while safeguarding  public funds and
       our assets in accordance with the HM Treasury document Managing Public Money.


       I  have responsibility for the delivery of NHS Resolution's   •  risk management processes; and
       strategic aims and objectives within our legislative and   •  our operational and financial systems.
       regulatory parameters, as directed  by DHSC  and,  in
                                                           As Accounting Officer, I am supported  by our Senior
       conjunction with the Board through development of
                                                           Management Team (SMT),  internal audit and Audit and
       strategy and effective governance arrangements.
                                                           Risk Committee (ARC) and  make recommendations
       I am responsible for:
                                                           to the Board on the matters outlined in this statement
       •  compliance with and delivery against our
                                                           as they relate to effective governance.  I am supported
         framework agreement and  business plan as
                                                           by the Board and SMT in ensuring we commit to and
         agreed from time to time with  DHSC;
                                                           embed our aims and values in everything we do.
       •  delivery against key performance
                                                           I delegate day-to-day operational responsibility for
         indicators as agreed with  DHSC;
                                                           our financial systems and  internal  risk management
       •  provision,  oversight and effective working
                                                           arrangements to the Director of Finance and
         of systems of internal control;
                                                           Corporate  Planning, who also acts as the Senior
       •  oversight of the complaints process and          Information  Risk Owner (SIRO) for NHS Resolution.
         ensuring that the learning from complaints
         is embedded into how we operate;
       Figure 19:
       Our PEER values






               Professional                                                     Expert
              We are dedicated to providing                                     We bring  unique skills
               a professional, high quality                                     knowledge and expertise
               service, working flexibly to                                     to everything we do.
              find effective and  efficient
               solutions.









               Ethical                                                          Respectful
              We are committed to                                               We treat people with
              acting with honesty,                                              consideration and  respect
               integrity and fairness.                                          and encourage supportive
                                                                                collaborative and  inclusive
                                                                                team working.]]></page><page Index="93"><![CDATA[NHS Resolution      Annual report and accounts 2021/22                                            69










            The governance framework and structures

             Figure 20:
             NHS Resolution governance structure and subgroups reporting to the SMT













































            The NHS  Resolution  Board
            As of 31  March 2022 the Board consisted of the non­  I  report on the organisation's performance to the Board
             executive Chair, four non-executive members and     and to DHSC  on a  regular basis in accordance with the
            four executive members.  There are also two associate   Framework Agreement with  DHSC. As NHS  Resolution's
             non-executive and one associate executive director.   Accounting Officer,  I am supported by the senior
            The Board can consist of between three and five      management team (SMT),  internal audit, and Audit and
             non-executive directors and executive directors.    Risk Committee (ARC) to provide assurance to the Board
                                                                 on the matters as they relate to effective governance.
            The Board  provides leadership and strategic direction
            for the organisation and  is collectively accountable,   The Board  regularly reviews these reports to ensure it
            through the Chair, to the Secretary of State for     remains satisfied  regarding the quality of information,
             Health and Social Care for ensuring a sound system   and also that it is relevant and sufficient to inform the

             of internal control through its governance structures,   business of the Board.  During the period from  1 April
             and for putting  in  place arrangements for securing   2021  to 31  March 2022 the Board  met on six occasions
             assurance about the effectiveness of that system.   and attendance details are shown  in Table  10.]]></page><page Index="94"><![CDATA[70                                                                        Corporate governance report



       Table 10: NHS Resolution Board meeting attendance

         Name                                      Post                                       Meetings
                                                                                             attended

         Martin Thomas                             Chair                                      5/5

         Mike Pinkerton                            Non-executive Director and Interim Chair  6/6
        Charlotte Moar                             Non-executive Director                    6/6

         Nigel Trout                               Non-executive Director                    6/6
         Professor Dame Lesley Regan               Non-executive Director                    2/2

        Janice Barber                              Non-executive Director                    2/2
         Professor Keith Edmonds                   Non-executive Director and Associate      4/4
                                                   Non-executive Director
         Helen Vernon                              Chief Executive                           6/6

        Joanne Evans                               Director of Finance and Corporate Planning  6/6

         Dr Denise Chaffer                         Director of Safety and Learning           6/6
        Vicky Voller                               Director of Advice and Appeals            6/6
         Dr Mike Durkin OBE                        Associate Non-executive Director          6/6

        Sir Sam Everington OBE                     Associate Non-executive Director          6/6

        John Mead                                  Associate Board Member                    6/6


       Key points to note:

       •  Martin Thomas -  last meeting as Chair was January 2022
       •  Mike  Pinkerton -  first meeting as Interim Chair was March 2022
       •  Professor Keith  Edmonds -  last meeting was November 2021

       •  Professor Dame Lesley Regan -  first meeting was January 2022
       •  Janice Barber -  first meeting was January 2022]]></page><page Index="95"><![CDATA[NHS Resolution      Annual report and accounts 2021/22                                            71



             Over the year some of the topics considered at the Board  meetings included:

             Figure 21:
             Frequency of key matters discussed through the year at Board meetings



                        Operational                        Management proposals      Z  '  P  r  o  j  e  c  t
                        matters                            requiring Board input     W   y    oversight
                                                           or approval




              Chief Executive's report          Primary Care Appeals service -     Legal Panel Framework
              6/6 meetings                      scheme of delegation               2/6 meetings
                                                1/G meetings
              Performance review                                                   Core Systems Programme
              6/6 meetings                      Maternity Incentive Scheme updates   2/6 meetings
                                                3/6 meetings
              Complaints report                                                   Change management reports
              3/6 meetings                      Strategy development              4/6 meetings
                                                S/6 meetings
              Inquiries updates                                                    Practitioner Performance
              3/6 meetings                      Business plan                     Advice reports
                                                3/6 meetings                       1/6 meetings
              Claims performance framework
              2/6 meetings                      Annual report and accounts        System and technology review
                                                3/6 meetings                      2/6 meetings
              Gender pay gap report
              1/6 meetings                                                        Guidance on significant concerns
                                                                                   1/6 meetings
              Equality, diversity and inclusion report
              1/6 meetings



                        Liaison with                       Key                               Other matters
                        key stakeholders                   developments              □ □ requiring Board
                                                                                     Dn      approval





              Customer survey                   Updates on key claims case reports   Internal policy approvals and updates
              1/6 meetings                      S/6 meetings                      4/6 meetings

                                                Legal updates                      Responsible Officer's report
                                                2/6 meetings                       1/6 meetings


                                                                                   Risk and assurance report
                                                                                   2/6 meetings

                                                                                   Risk appetite statement
                                                                                  2/6 meetings]]></page><page Index="96"><![CDATA[72                                                                        Corporate governance report



       Compliance with the corporate                       Committees of the Board
       governance code
                                                           The Board  is supported by four committees established
       While we are not required to comply with the UK     to enable the Board, and  me as Accounting Officer,
       Code of Corporate Governance the Board and          to discharge our responsibilities and to ensure
       its committees have due regard to the principles    that effective financial stewardship and internal
       set out in the Code.  Effectiveness reviews of the   controls are in  place. A review of the terms of
       Board and ARC take the Code into account.           reference for the three committees was carried out
                                                           in 2021/22 to assure their fitness for purpose.
       Board effectiveness
                                                           Audit and Risk Committee
       A Board effectiveness self-assessment was carried out
       in 2021. The 2021  review was also informed  by a  look   The ARC  supports the Board and  me in our responsibilities
       back on the content of the Board  meetings referenced   on  matters related to internal and external audit,
       against a number of sources including the following:  corporate governance, anti-fraud policies,  internal
                                                           control and  risk management, and  NEIS Resolution's
       •  HM Treasury:  Corporate governance in central
                                                           annual  report and accounts.  The ARC  is chaired  by a
         government departments:  Code of good  practice
                                                           non-executive director and  is supported  in delivery of its
       •  NAO Board  Evaluation Questionnaire in  line with  function by internal and external auditors. The Chair of
         Corporate governance in central government        the DEISC ARC  attended the ARC  meeting in June 2021.
         departments: Code o f good practice (updated 2017).
                                                           ARC  has two independent lay members.
       Following the self-assessment, we have concluded that

                                                           During the period of  1 April 2021  to 31  March
       the Board  is fulfilling and discharging its responsibilities
                                                           2022 the committee met on four occasions.
       effectively and there are no significant gaps.
                                                           Attendance by members was as follows.
       The Board  have agreed that, given the change in Chair
       and  non-executive director membership,  an  independent
       effectiveness review will  be carried out in 2022/23
       which will also encompass the Board sub-committees.




       Table 11: Audit and Risk Committee meeting attendance

         Name                                      Post                                       Meetings
                                                                                             attended

        Charlotte Moar                             Non-executive Director and Chair of ARC   4/4

         Mike Pinkerton*                           Non-executive Director                    3/3
        Charles Bellringer                         Independent Lay Member                    4/4

        Julia Wortley                              Independent Lay Member                    4/4

       *  Mike Pinkerton attended the February 2022 ARC  meeting as NEIS  Resolution  Interim Chair.]]></page><page Index="97"><![CDATA[NHS Resolution      Annual report and accounts 2021/22                                            73





               During the year ARC particularly focused on:

               •  Approving and  having oversight of the         •  Independent assurance reports on
                 internal audit plan. Approving and  having        the Core Systems Programme.
                 oversight of the counter fraud  plan.
                                                                 •  Reviewing the Annual  report and accounts
               •  Taking assurance from the Reserving and  Pricing   and  updates from the NAO.
                 Committee around  matters related to reserving.
                                                                 •  Reviewing the statement of compliance with the
               •  Receiving regular updates on strategic and       mandated Government Functional Standards.
                 operational risks and  reviewing plans to ensure
                                                                 •  Undertaking deep dives into Freedom to
                 those risks are being  mitigated,  particularly
                                                                   Speak Up,  including details of why some staff
                 where strategic risks are outside risk appetite.
                                                                   only wish to report matters anonymously.
               •  Reports on  information governance, cyber
                 security and  health, safety and wellbeing.



            ARC effectiveness

            ARC  carried out a self-effectiveness review in October 2021. The results indicated that the ARC  has
             continued to perform its role effectively and as set out in  its terms of reference. An action plan for
            further improvement was agreed in February 2022 with the key areas of focus set out in Table  12.

            Table 12: ARC effectiveness review

              Issue and action                                     Update


              Maturing risk management arrangements
              Gain confidence that there is a clear deliverable   Plan presented to ARC meeting of
              resourced plan to increase maturity of risk management   February 2022.
              arrangements and embed a culture of risk
              identification and mitigation across the organisation.
              Strengthen assurances from SMT to ARC that there is an   Improved risk review by SMT and ODG
              effective risk management framework in place through   with risk report to be presented at the
              the reporting of risks from the governance subgroups.  May 2022 ARC meeting.
              Escalation of risks to the Board.                   Risk reports to the Board include an executive
                                                                  summary setting out the risk management and
                                                                  assurance ARC have agreed should be brought to the
                                                                  attention of the Board.
                                                                  ARC Chair's report redesigned to ensure that it is clear
                                                                  on assurances provided to the Board and any matters
                                                                  for escalation to the Board.
              Ensuring a culture which counters fraud effectively
              Take opportunity for assessment of compliance with   ARC review of compliance with GFS
              the new Government Functional Standard which        at meeting of February 2022.
              sets out minimum and enhanced standards around      Fraud annual report and workplan on the
              countering fraud both for external (claimant) fraud   agenda for the ARC meeting of May 2022.
              and for staff/supplier fraud to gain assurance that:
                                                                  Deep dive into assurance around claimant
              a) internal fraud arrangements are robust, meet     fraud arrangements to be presented
              legislative/Government standards and that roles     at the May 2022 ARC meeting.
              and responsibilities between management and new
              provider GIAA are clear and working effectively.
              b) external (claimant) counter fraud arrangements,
              both pre and post claim are robust, and
              meet legislative/Government standards.]]></page><page Index="98"><![CDATA[74                                                                        Corporate governance report



       Remuneration and Terms of Service Committee
       The Remuneration and Terms of Service Committee
                                                              I,  Martin Clarke,  am  Government Actuary and a
       is a  non-executive committee, the role of which
                                                              Fellow of the Institute and  Faculty of Actuaries.
       includes the determination of the remuneration,
                                                              In  my opinion, the IBNR provisions for NPIS
       benefits and terms of service of all  posts covered
                                                              Resolution as at 31  March 2022 to be included
       by the  Pay Framework for Executive and Senior
                                                              in  NPIS  Resolution's report and accounts have
       Managers (ESM). All  meetings were quorate.
                                                              been calculated using an appropriate actuarial
                                                              methodology and assumptions which are within
       People Committee
                                                              a reasonable range, given the purpose of the
       This Committee was established  in 2021/22 to support   calculation and taking  into account discussions
       the Board and the Accounting Officer by reviewing
                                                              held with the working groups and the NPIS
       the comprehensiveness and  reliability of assurances in   Resolution's Reserving and  Pricing Committee.
       relation to its people strategies and activities.  The first   The actuarial assumptions were selected on a best
       meeting of this committee was held  in  March 2022.    estimate basis, with  no explicit adjustment for
                                                              risk and  uncertainty.  I  have calculated the IBNR
       Reserving and Pricing Committee
                                                              provisions to be £64,288 million for all schemes
       I chair the  Reserving and  Pricing Committee (RPC)    combined as at 31  March 2022  using the method
       with membership comprised of the Director of           and assumptions selected by NPIS  Resolution. This
       Finance and Corporate  Planning,  Director of Claims,  opinion statement should be considered  in the
       Plead of Reserving and  Pricing and a non-executive    context of my advice to the  Reserving and  Pricing
       director.  From January 2022 the committee's           Committee. There are a number of uncertainties
       membership has been augmented by an  independent       underlying the IBNR provisions.  My advice to the
       member.  The committee is attended  by our actuarial   Reserving and  Pricing Committee and Note 7 to
       advisers, the Government Actuary's Department.         NPIS  Resolution's Annual  report and accounts
                                                              describe this uncertainty and quantify the sensitivity
       The Committee meets regularly in order to:
                                                              of the IBNR provisions to key assumptions. This
       •  set the methodology and assumptions                 opinion does not negate the fact that the future
         for calculating the value of the provisions          cash flows will  not develop exactly as projected and
         for the statutory financial accounts;                may,  in fact, vary significantly from the projections.

       •  develop cash flow estimates to inform
         budgetary requirements and set contribution
         levels for indemnity scheme members; and
       •  ensure that the framework for assurance for models
         used for calculating  business critical information  is
         applied  in  line with the Macpherson recommendations.
       Key matters considered  in 2021/22 included:

       The results of the work undertaken  by RPC  on
       calculating the key estimates for the accounts in
       respect of the provision are included in the Annual
       report and accounts, which are presented to ARC
       and the Board for consideration. This supports me
       in the process to sign the accounts as a true and
       fair view of the year's activities.  The actuarial adviser
       has provided an opinion on the methodology and
       assumptions used to calculate a key estimate in the
       accounts, the 'incurred but not reported' provision.]]></page><page Index="99"><![CDATA[NHS Resolution      Annual report and accounts 2021/22                                            75



             Senior Management Team
            The Senior Management Team (SMT) includes directors and   I  report on the work of the SMT to the Board and
             heads of the operating areas in the organisation. The SMT   hold members of the SMT to account for delivering
             meets most weeks and discusses issues concerned with   against agreed objectives which are linked to
            the activity of NHS  Resolution for which the SMT oversight   delivery of our strategy and  business plan.
             or approval is required, including resource management
                                                                 SMT and sub-group review
             and planning, governance arrangements, complaints and
            stakeholder management. The SMT reviews particular   In  February 2021  I commissioned an  Internal Audit
             areas of our activity or areas of development and   advisory review of the governance groups to ensure the
             considers any changes in the external environment that   groups have clear roles and responsibilities and that our
             may have an impact on NHS  Resolution and its services.  governance structure is effective in supporting transparent
            The SMT reviewed its terms of reference to ensure they   and timely decision  making at the appropriate level.
             are fit for their purpose. There are regular risk review
                                                                 From the review an action  plan  has been developed
            sessions to ensure we have controls and treatments in
                                                                 to take forward through 2022/23. We will continue
             place to mitigate risks and bring them within appetite.
                                                                 to implement the revised ways of working to ensure
             During the year the SMT held a series of sessions to   consistent assurance reports to the SMT where required.
             support the production of the business plan for 2022/23.
            We also held sessions to develop our 2022-25 strategy
            with our focus being to continue to deepen and
             improve the work we have been doing since 2017.]]></page><page Index="100"><![CDATA[76                                                                        Corporate governance report



       Table 13: SMT sub-groups
        SMT              Function                                   Outcome of Governance Groups Review
        sub-group
        Change           Provides assurance of a formal process    CMG is well run with good information feed,
         Management      to oversee the activity under the change   and exception and highlights-based reporting.
        Group (CMG)      portfolio of programmes and projects,     A key part of the success of the group is the
                         and that this is aligned to our strategy.  investment in the PMO resource which assists
                                                                   with the functioning of the group's meetings

        Operational      Provides assurance on all matters         Name change from Operational Risk Review
         Delivery        related to the governance and             Group to Operational Delivery Group. This
        Group (ODG)      processes of the operational delivery     more appropriately describes the broad remit
                         of the strategy and business plan.        of the group in terms of operational delivery.
                                                                   An action plan specific to ODG is being
                                                                   taken forward to support improvements
                                                                   for this group

         Information     Provides assurance on the Data            Group is well established.
        Governance       Security and Protection Toolkit and       Recommendations included making
        Group (IG)       that other IG requirements are being      greater use of the forward planner
                         operated and delivered to required        to document the group's work
                         standards within NHS Resolution.
                         Provides operational oversight of
                         maintenance of ISO 27001  certification.

        Significant      Supports the prompt and effective         The group has an established cycle of
        Concerns         management of significant concerns        reporting to SMT twice a year and feedback
        Group (SCG)      identified by individual NHS services.    suggests that this suits the nature of the
                         Functions where these give rise to a need   content. Any urgent or important matters
                         for a coordinated organisational response.  for decision or awareness are directed
                                                                   to the CEO and/or other directors as
                                                                   appropriate so that there are no 'surprises'
        Workforce        To ensure the organisation has oversight   WSG is to be renamed Workforce
        Strategy         on workforce planning and staffing        Development Group to make the distinction
        Group (WSG)      decisions and to build in a process of    between its role and the more strategic
                         assurance and risk management.            role of the new People Committee.
                                                                   Terms of reference will be reviewed
                                                                   to ensure clarity of responsibilities
                                                                   between the People Committee, WDG
                                                                   and operational management


       The control  environment                            Within the framework SMT maintain and update a
                                                           strategic risk register which  reflects those risks that could
       The system of internal control is designed to eliminate
                                                           have an  impact on the delivery of our strategy.  ODG  are
       risk where possible and manage residual risk to a
                                                           charged with the review of corporate operational risks
       reasonable level,  rather than to eliminate all  risk of
                                                           that may impact the delivery of our business plan as well
       failure to achieve objectives. Therefore,  it provides a
                                                           as business as usual matters.  Risk reporting and escalation
       reasonable and  not absolute assurance of effectiveness.
                                                           is set out in our risk management policy and procedure,
       Capacity to handle risk                             which  is published on our website:
                                                           https://resolution.nhs.uk/governance-
       Through our risk management framework we regularly
                                                           policies/risk-management/.
       considered the risks and issues that could  have an
       impact on the achievement of our business objectives.
       This included consideration of the controls we have in
       place to mitigate those risks and then, where required,
       developing  plans to bring those risks within appetite.]]></page><page Index="101"><![CDATA[NHS Resolution      Annual report and accounts 2021/22                                            77



            Table 14: The top five risks linked to strategic aims and the controls in place to mitigate them
              Strategic aim            Identify                    Risk management
                                       Risk identified as potential   Key controls in place to mitigate
                                       threat (or opportunity) to   the risk
                                       the achievement of NHS
                                       Resolution objectives
              All strategic aims       Claims data could be       Processes in place for FOI requests.
                                       incorrectly interpreted    Processes in place for DHSC policy requests.
                                       either due to the urgent
                                                                  Annual Internal Audit reviews of claims data quality.
                                       nature of requests and/
                                       or the integrity and
                                       quality of our data.

              All strategic aims       Data security and integrity   IT policies and procedures in place.
                                       is compromised, for        System controls including firewalls.
                                       example, through cyber­
                                                                  IG Group reviews metrics for virus incident log.
                                       attack or unauthorised/
                                                                  IG Group reviews incidents and takes forward
                                       inappropriate
                                                                  learning.
                                       disclosure of data.
                                                                  IG reports to SMT, ARC and the Board.
                                                                  External company carry out regular penetration tests
                                                                  and report findings and improvements.
                                                                  Internal Audit reviews and deep dives.
                                                                  ISO 27001  certification.
                                                                  Cyber Essentials Plus audit and certification.
              All strategic aims       Fail to recognise and      The Policy, Strategy and Transformation team ensure
                                       respond to changes in      horizon scanning to support policy development.
                                       the environment in which   SMT strategy session discussions of emerging topics.
                                       NHS Resolution operates.
                                                                  Membership of Cross Government Strategy steering
                                                                  committee and working group.
                                                                  Monitoring and evaluation of developments in
                                                                  models of care.
                                                                  Monitoring and evaluation of the Maternity
                                                                  Incentive Scheme.
              All strategic aims       Fail to deliver our core   SMT and Board overview of transformation
                                       functions due to possible   proposals.
                                       impact of planned growth   ODG review of delivery against business plan.
                                       and transformational
                                                                  CMG oversight of programme and portfolio delivery.
                                       change initiatives, as
                                       well as unplanned events
                                       (e.g. a pandemic).

              Help the system,         Fail to identify information   Early Notification Scheme launched for maternity
              organisation and         within the data we hold    care, with incentivisation of members to identify
              individuals identify     which either in isolation   concerns early.
              and address issues.      or when connected with     Significant Concerns Group and frameworks in place.
                                       information held by
              Work in partnership
                                       others elsewhere in the
              with other ALBs,
                                       NHS indicates a current or
              NHS trusts, patients
                                       emerging patient safety
              and healthcare staff
                                       risk from a particular
              to improve the way
                                       organisation or individual.
              in which the NHS
              responds to incidents.]]></page><page Index="102"><![CDATA[78                                                                        Corporate governance report



       Through the regular review of the risk register and the   Management assurance
       assessment of the controls and  required treatments
                                                           NHS  Resolution's assurance arrangements bring
       we were able to look at how treatment plans have
                                                           together governance and quality linked to our
       contributed to any reduction of risk impact and/
                                                           strategic objectives.  Its purpose is to ensure that
       or likelihood of occurrence. One such risk where we
                                                           systems and  information are available to provide
       reduced the risk score was 'NHS Resolution's core
                                                           assurance on  identified strategic risks and that such

       systems become obsolete1which was previously
                                                           risks are being controlled and objectives achieved.
       captured as a strategic risk and de-escalated to
       the Corporate Operational  Risk Register.           Data quality
       Where key issues have arisen we considered
                                                           We recognise the importance of having systems
       whether the current controls in place could
                                                           in place to ensure, as far as possible, the data we
       be strengthened to reduce the likelihood of a
                                                           produce is accurate and adequately described.
       recurrence and major impact on the organisation.
                                                           The controls we have in place include:
                                                           •  Exception  reports and management review
         Risk appetite                                     •  Quality assurance through the
                                                              Business Intelligence Team
         The Board  has developed a statement of risk
         appetite which  is reviewed and updated annually.   •  Internal audit of data both from the claims
         The Board's approach is to minimise its exposure to   function and third  party Internal Audit provider
         risk in relation to the delivery of its operations and
                                                           •  External audit review of data quality
         compliance with good standards of governance.
                                                              in  relation to the provision.
         The Board  recognised there are a number of
         initiatives underway simultaneously,  including:  Internal audit

         •  The continued challenges with the              An  internal audit plan  is developed  in conjunction with
            impact of the Covid-19 pandemic.               management and the Audit and  Risk Committee to focus
                                                           on the areas of risk, and  provide insight, advice and
         •  Revising our delivery model for our services.
                                                           assurance on the internal control framework.  Internal
         •  Implementing a revised operating
                                                           Audit carried out eight reviews in the financial year:
            model for the claims function.
         •  Adopting  new ways of working with a             Audit title                    Assurance
            hybrid model across the organisation.
                                                             Data Security Protection Toolkit  Advisory
         •  An office move for our Leeds-based staff.
                                                             Risk Maturity                  Advisory
         •  The programme for replacing our core IT systems.
                                                             Data Quality                   Substantial
         These present both challenges and opportunities. The
         Board expects that management will plan for and     General Practice Indemnity     Substantial
         appropriately resource these initiatives, while ensuring
         that the health and well-being of our staff and core   Stakeholder Management      Reasonable
         operations are not compromised.  Confidence in our
                                                             Claims Evolution Programme     Advisory
         ability to deliver core business is key to maintaining
         our position as a trusted and effective organisation.  Key Financial Controls - Payroll  Reasonable  1
                                                             Procurement of Legal Panel     Partial
                                                                                            assurance
       Business continuity
                                                             Follow up of outstanding
                                                                                            Good progress
       Effective business continuity arrangements continued   internal audit recommendations
       to be paramount for us during 2021/22 due to
                                                           The audit of the procurement of the legal  panel
       the impacts of Covid-19 as well as an  IT-related
                                                           resulted  in a partial assurance rating arising from
       outage in April 2022. We regularly review our
                                                           issues related to planning and documentation, which
       departmental  Business Impact Assessments (BIAs),
                                                           did  not affect the outcome of the procurement.
       which take into account the changing external,  as
                                                           Improvement actions are being taken forward  in
       well as our own  internal, operating environment.
                                                           response to the recommendations made by Internal
       Lessons learnt from any business continuity events and   Audit across all audits undertaken in the year.
       the BIAs have supported  us in  reviewing our business
       continuity, crisis management and  pandemic plans.]]></page><page Index="103"><![CDATA[NHS Resolution      Annual report and accounts 2021/22                                            79



            The Head of Internal Audit gave MODERATE             Anti-fraud, bribery and corruption
            assurance to the Accounting Officer that NHS
                                                                 As with all  NHS organisations, the risk of fraud  is a
             Resolution has had adequate and effective systems
                                                                 significant consideration. The nature of NHS Resolution's
            of control,  governance and  risk management
                                                                 work inevitably focuses our attention on the risk of
             in  place for the reporting year 2021/22.
                                                                 fraudulent claims being brought against our members,
             Performance and financial controls                  and we take a zero-tolerance stance towards fraud
                                                                 and  bribery. We have established controls in  place to
             NHS  Resolution's financial and operational performance
                                                                 mitigate the risk of fraud as far as possible,  including
             is reported  regularly to the Senior Management
                                                                 an  up-to-date Anti-fraud, bribery & corruption policy
            Team, to the Board and to me.  Our financial
                                                                 and procedure, as well as annual training. These
             position, together with operational  KPIs,  is reported
                                                                 provide guidance for all staff, enabling them to
            quarterly to DHSC to demonstrate that performance
                                                                 recognise and deal with  potential  instances of fraud
             is being  managed  in  line with expectations.
                                                                 and  bribery.  Counter fraud services are provided  by
            There are policies and  procedures for the management   GIAA who work in accordance with the NHS Counter
            of finances and resources, including a scheme of     Fraud Authority Standards for Providers to prevent,
            delegated authorities for the approval of expenditure.  deter, detect and investigate fraud and  bribery.  During
            The internal audit programme routinely covers key    2021/22 we have worked closely with our colleagues
            financial controls to provide assurances to management   in the NHS Counter Fraud Authority,  DHSC  and the
            and the Board.  Governance arrangements through the   Cabinet Office in the adoption of the Government
             Reserving and  Pricing Committee for the valuing of   Counter Fraud  Functional Standard GovS013.
             provisions for claims are set out earlier in this statement.
                                                                 We continue our membership of the Claims and
            Timing of cashflows -  known claims provisions       Underwriting  Exchange (CUE), a database of non-clinical
                                                                 claims reported to insurers.  This enables us to share
            The known claims provision calculation uses the
            expected settlement date (ESD) from individual       information with other indemnifiers,  so as to identify
            claims recorded in the Claims Management System      potentially fraudulent claims. We are fully alive to the
            (CMS) to apply inflation and discounting to reach a   information governance risks entailed in such an initiative
            valuation.  However, for the disclosure of the expected   and ensure that due legal  process is adhered to.
            timing of cashflows, this has historically been  based   Information security and governance
            on an actuarial view of settlement patterns.
                                                                 NHS Resolution  has maintained ISO 27001  Information
            An adjustment to the 2021/22  known claims           Security certification which provides evidence that we
             provision  has been applied to the estimate         have an effective information security management
            technique as there has been a significant divergence   system. The surveillance audit carried out in  December
             between the two views,  most likely as a result     2021  reviewed a range of governance and technical
            of the impact of the Covid-19 pandemic.              security controls. The audit identified zero major non­
                                                                 conformances and two minor non-conformances. As a
            As part of this reassessment, we have concluded that
            this approach should  have been applied to prior periods,   result of this the audit recommended the certification
            drawing on the information that was available at the   for NHS  Resolution be continued. We have also
            time, as it results in a better estimate of the known claims   achieved Cyber Essential  Plus certification which  is a UK
             provision. The prior period financial statements have   Government scheme of good practice in  information
                                                                 security.  NHS  Resolution is committed to minimising
            therefore been  restated as required  by IAS 8 Accounting
                                                                 the risks associated with  information handling and
             Policies, Changes in Accounting  Estimates and  Errors.
             Further details of the adjustments to the financial   to ensuring that all staff are fully aware of their
            statements are provided at Note 7.4 to the accounts.  responsibilities in  relation to information governance.

            We are identifying potential  improvements to the
             process to estimate the expected timing of cash-flows.]]></page><page Index="104"><![CDATA[80                                                                        Corporate governance report



       Figure 22:
       Information governance incidents reported by severity

             200





















                     Financial year          NHS Resolution         NHS Resolution         NHS Resolution
                                             Near miss              Non-reportable         Total
                                             Third party supplier   Third party supplier   Third party supplier
                                             Near miss              Non-reportable         Total
                                             NHS Resolution incidents
                                             reported to ICO



       During this year, there were 266 incidents recorded  by   We received 269 requests under FOI of which 79% were
       NHS  Resolution. This includes those reported  by third   responded to within the 20 working day timescale for
       party suppliers.  Of this total,  180 were 'near misses'.  responses. Where responses exceeded the 20 working
      A near miss is defined as an incident that did  not lead   day time period,  it was due to a  number of factors
       to harm,  loss or damage,  but could have done, and is   such as the complexity of the request.  In those cases
       reported  in order that we can  learn from the near miss   we advised the requestor of the likely timescales for
       occurrence.  During this reporting  period there have been   a  response. We are reviewing the internal  processes
       three reports to the ICO, which are pending an outcome.  for responding to FOI  requests to consider how we
                                                           can also improve our compliance rate. A significant
       The trend  in  reporting  remains high and we have
                                                           number of FOI  requests concerned maternity and
       noted that the reporting numbers remain similar to
                                                           obstetrics claims. There continues to be a growing
       those of last year in the context of an  increase in
                                                           interest in our claims data and we have continued
       size and  level of activity in the organisation.  Further
                                                           to publish  responses on our Disclosure Log1.
      work is being  planned to improve the current internal
       incident reporting framework so that we can  better   We have also updated our Factsheets2 and our
       report on  incidents and derive more insight and    Publication Scheme3 to assist the public to find
       learning. We are also providing focused training and   information about our organisation and our activities.
       awareness of information security matters following   We seek to be open and in the majority of cases we
       a review of the incidents related to these matters.  do provide disclosure of information  in full. Where we
                                                           do not,  it is because doing so would  be to increase
       Responding to members of the public
                                                           the risk of identifying claimants or others who trust
       Effective processes were in place throughout the    us with their sensitive health  information. Of the
      year to ensure we responded to all public enquiries,   small  number of cases where we have withheld some
       correspondence,  parliamentary questions, issues    information, two were reported to the Information
       raised under Freedom of Information (FOI) and  Data   Commissioner, and our decisions to withhold
       Protection Act (DPA) legislation, and complaints.   information were upheld on legal grounds.








        https://resolution.nhs.uk/foi-disclosure-log/
        https ://resolution.nhs.uk/resources/?fwp_resources_type=factsheet
        https://resolution.nhs.uk/wp-content/uploads/2020/04/Freedom-of-lnformation-Publication-scheme.pdf]]></page><page Index="105"><![CDATA[NHS Resolution      Annual report and accounts 2021/22                                            81



            Data Protection requests                             We implemented this by changing our timelines,
                                                                 encouraging early resolution and giving our
            NHS Resolution  receives two types of requests under
                                                                 business areas ten working days to respond.  It
            the DPA. The first type. Subject Access Requests
                                                                 was believed that extending the timeframe would
            (SARs),  give individuals the right to request any
                                                                 give more time to examine and  informally resolve
            information held about themselves.  During this
                                                                 these complaints at the earliest opportunity.
            period  154 SARs were received, which  is an  increase
            of 38 (33%) on last year.  Of these  140 (91 %) were   Freedom to Speak Up
            responded to within the statutory deadline of one
                                                                 We have a Freedom to Speak Up policy and  have in
            calendar month. Where these were not responded to
                                                                 place four Freedom to Speak Up guardians as well as
            within the specified time period, we have advised the
                                                                 a non-executive director who is the Freedom to Speak
            requestor of the reasons for delay, such as complexity
                                                                 Up officer.  The guardians continue to work with a
            or volume of information  in scope of the request.
                                                                 number of departments within the organisation to
            The second type of requests are third party requests for   influence change and drive improvement arising from
            information for personal data relating to activities for the   concerns raised, which for this year has included:
            prevention and detection of crime.  Such  requests can
                                                                 •  Monthly meetings with  HR/OD to talk through themes
            come from the police,  regulators and,  in  respect of our
                                                                   from  issues raised and  remedial actions that can be put
            claim function, other insurance bodies who are members
                                                                   in place, as well as how to mitigate against Freedom
            of the Claims and  Underwriting  Exchange (CUE).
                                                                   to Speak Up arrangements being  used  instead of
            Complaints and feedback                                appropriate line management and  HR procedures.

            From  1 April 2021  to 31  March 2022 we received 35   •  Identifying training or policy and procedures
            complaints, which were reviewed through the processes   knowledge gaps that exist across the organisation.
            laid down  in our formal complaints policy, of which 31
                                                                 •  Sharing intelligence with the mental health
            were concluded and four remain active as these were
                                                                   first aiders so they can shape their offer.
            received  before the end of the reporting  period. This
            compares to 26 complaints logged  in 2020/21. These   •  Inputting  into the corporate values and behaviours
            numbers remain small  relative to the volume of activity   framework and actions to embed these.
            across the organisation and there is no single explanation   •  Participating  in corporate induction sessions to
            for an increase of complaints since last year. We are,   promote the commitment to speaking up and
            however, always keen to learn from complaints.         how that facilitates change in the organisation.
            There have been four complaints referred to our      Health, safety and wellbeing
            Chair during this reporting period.  None of these
                                                                 To ensure the health, safety and wellbeing of our
            were upheld. There have been  no complaints to the
                                                                 staff we have in place policies and procedures. Staff
            Parliamentary and  Health Service Ombudsman.
                                                                 are required to participate in the training  provided to
            We also have a claims management framework for       ensure awareness.  The health, safety and wellbeing of
            recording concerns and queries relating to claims and   our staff is paramount to us. We have ensured all staff
            these are addressed through our claims management    have complete display screen equipment assessments to
            function.  This process provides our service users with   make sure that they are working  in a safe way both  in
            a  route by which their concerns can  be addressed,   the office and at home. All our staff have access to the
            whereas previously the complaints policy was the     enhanced offerings of the  Employee Assistance,  Health
            only route and that did  not encompass complaints    and Wellbeing Tools and  Mental  Health  First Aiders.
            about claims decisions because of the legal framework   We have given all staff an individual  risk assessment
            within which claims operate. There is now a dedicated   to identify those who may need extra support.
            Complaints and  Learning  Manager within the
                                                                 Through 2021/22 we expanded the incident reporting
            claims function, who has been able to resolve these
                                                                 process to include incidents relating to staff wellbeing,
            concerns and ensure they are addressed  promptly.
                                                                 in particular those related to difficult communications with
            In  March we implemented a reviewed  NHS Resolution   service users. This ensured that we had visibility of these
             Complaints Policy and  in doing so took into account NHS   incidents and that we acted to put in  place measures to
            Complaints Standards which set out how organisations   support staff and our service users where appropriate.
            providing  NHS services should approach complaint
            handling.  The Standards aim to support organisations
            in  providing a quicker, simpler and  more streamlined
            complaint handling service, with a strong focus on
            early resolution  by empowered and well-trained staff.]]></page><page Index="106"><![CDATA[82                                                                        Corporate governance report



       Respect for human  rights                           Cabinet Office had  made changes to its approval  levels
                                                           for contingent labour from  1 November 2021; we were

       We are strongly committed to ensuring our supply
                                                           not made aware of this until  receipt of the Schedule of
       chains and  business activities are free from ethical and
                                                           Delegations. We have undertaken a  review of contractual
       labour standards abuses.  Steps taken to date include:
                                                           spend to identify where we may not have applied the
       People                                              DPISC  and Cabinet Office controls.  Retrospective business
                                                           cases were submitted to regularise the position. These
       •  We confirm the identities of all  new employees and
         their right to work in the United  Kingdom and  pay   have been approved subject to meeting conditions
         all our employees above the National Living Wage.  on  improving  processes to ensure compliance.
                                                           We have updated our procurement and temporary staff
       •  Our Freedom to Speak Up -  Raising Concerns policies
                                                           procedures to ensure the correct approval  processes
         additionally give a platform for our employees to
                                                           are followed.
         raise concerns about poor working  practices.
                                                           We are committed to ensuring our tenders include
       Procurement and our supply chain
                                                           matters related to the Social Value Act and as such  have
       •  Our procurement approach follows the
                                                           included this as an evaluation criteria in appropriate
         Crown Commercial Service Standard and
                                                           tenders. All  procurement is considered  in terms of
         includes a  mandatory exclusion question          business need and  is the most economically advantageous
         regarding the Modern Slavery Act 2015.
                                                           for us. We continue to develop and embed  best practice
       •  When procuring goods and services, we additionally   in contract management to ensure we achieve good
         apply NHS Terms and Conditions. This requires     value for money on the contracts we enter into.
         suppliers to comply with  relevant legislation.   Statutory functions

       NHS  Pension scheme regulations
                                                           An assurance map has been  maintained, which provides
       As an employer with staff entitled to membership of   high  level assurance that we are operating within the
       the NHS  Pension scheme, control  measures are in  place   relevant directions and statutory functions for NHS
       to ensure all employer obligations contained within the   Resolution. This gives me as Accounting Officer the
       scheme regulations are complied with. This includes   assurance that we have a clear view of those functions
       ensuring that deductions from salary, employer's    and regulations we should  be working to.  During
       contributions and payments into the scheme are in   2021/22 we continued to administer and operate
       accordance with the scheme rules, and that member   new scheme arrangements in relation to Covid-19.
       Pension scheme records are accurately updated  in
       accordance with the timescales detailed in the regulations.
       Procurement and contracting
       We have annual plans in  place to ensure that
       acquisitions for goods and services are supported
       through a procurement process and are completed in
       compliance with  Public Procurement Regulations.
       In  May 2022 DPISC  issued the ALB Schedule of
       Delegations, which sets out the spending authorities
       that apply to ALBs in  line with  HM Treasury and
       Cabinet Office, and  DPISC's own  requirements.]]></page><page Index="107"><![CDATA[NHS Resolution      Annual report and accounts 2021/22                                            83



             Government Functional  Standards
            We took forward a self-assessment of our position
             against the mandated  requirements of the Government
             Functional Standards which are relevant to NHS
             Resolution.  From the assessments we concluded that:
             •  Overall the baseline requirements of the
               mandated standards have been  met,  in that we
               have governance structures in place with  roles
               and  responsibilities assigned as appropriate.
             •  Where some mandated standards are partially
               met each  business area  has agreed  plans to take
               improvements forward through 2022/23.
            We will continue to enhance our assurance framework
             by adopting  best practice, where applicable, and  in
             line with the Government Functional Standards.





               Accounting  Officer's conclusion
               The governance arrangements detailed in the
               statement aim to support NHS  Resolution to
               maximise its understanding and  use all of the
               available information about the quality and
               effectiveness of our systems, to help us improve
               services and satisfy assurance requirements
               about the effectiveness of our systems of
               internal control.  Based on  my review,  I am not
               aware of any significant control  issues and I
               am content that appropriate arrangements
               are in place for the discharge of all statutory
               functions for which NHS  Resolution is
               responsible, and that they are in  line with the
               recommendations set out in the Harris  Review.
               In summary,  I am satisfied that the framework
               of governance,  risk management and system of
               internal controls are adequate and  have been
               effectively maintained throughout 2021/22.]]></page><page Index="108"><![CDATA[84





       Remuneration and staff report



       Remuneration and Terms of Service Committee

       The Remuneration and Terms of Service Committee (the Committee) is a non-executive committee
       whose members have a  role that includes the determination of the remuneration,  benefits and
       terms of service of all  posts covered  by the  Pay Framework for Executive and Senior Managers
       (ESMs). The Committee was established by NEIS  Resolution's Board, which determines its terms
       of reference, and  met three times during the 2021/22 year. All meetings were quorate.




       Figure 23:
       Remuneration and Terms of Service Committee meeting attendance
                                                                                   ©









                                                          Professor Keith

        Martin Thomas1           Mike Pinkerton1          Edmonds3                 Charlotte Moar
                                            2
        Chair                    Interim Chair            Non-executive            Non-executive
                                                          Director                 Director
        Meetings attended        Meetings attended        Meetings attended        Meetings attended
                                 1/1                      2/2                      3/3
        2/2   "










                                                                                   Professor Dame
        Mike Pinkerton2          Nigel Trout              Janice Barber4           Lesley Regan5
        Non-executive            Non-executive            Non-executive            Non-executive
        Director                 Director                 Director                 Director
        Meetings attended        Meetings attended        Meetings attended        Meetings attended
        2/2                      3/3                      1/1                      1/1



















       1 Martin Thomas' term of office ended on  28 January 2022.

       2  Mike  Pinkerton  commenced as NHS Resolution's Interim  Chair on  29 January 2022.
       3  Professor Keith  Edmonds' term of office ended on  6  December 2021.
       4  Janice  Barber's appointment as Non-executive  Director commenced on  18 January 2022.
       5  Professor Dame  Lesley Regan's appointment as Non-executive  Director commenced on  6  December 2021]]></page><page Index="109"><![CDATA[NHS Resolution      Annual report and accounts 2021/22                                            85










             In July 2021  the Committee considered and  noted   Full detail on the medical and dental  pay and terms
            the annual  Directors' performance reviews,  presented   and conditions of service can  be found on the NHS
             by the Chief Executive who was in attendance.  In   Employers website2. The relevant NHS  Resolution
             November 2021  the 2021/22 annual pay award and     policies applied during the financial year in  relation
             performance related payments were determined        to salaries were the  Recruitment and selection policy
             by the Committee based on guidance provided  by     and procedure (HR16) and the national  NHS terms
             DHSC  and approved.  In  March 2022 the Committee   and conditions o f service noted above. Allowances
             provided feedback to the Chief Executive on the     to staff in  payment during the year other than basic
             performance of the directors and executive directors   salary were high-cost area supplement,  recruitment
            for the 2021/22 year.  Other matters dealt with  by the   and  retention  payments (RRP), and on-call allowances
             Committee during the year included the performance   for information systems and governance staff.
             and objectives of the Chief Executive and the  12-month
                                                                 Remuneration for directors
             extensions for two associate non-executive directors.
                                                                 The following tables provide the contractual salary
            The Committee considered  its performance in 2021
                                                                 and  pension details of those executive and non­
             as satisfactory and concluded that it had discharged
                                                                 executive directors who had control over the major
             its obligations as set out in the terms of reference.
                                                                 activities of NHS  Resolution during 2021/22.  Tables
            The Committee also considered that the terms of
                                                                 15,  16 and  17 are subject to audit. There was one
             reference remain appropriate and fit for their purpose.
                                                                 change in Board membership during 2021/22 -  the
             Remuneration policy                                 Chair Martin Thomas' term of office ended on 28
                                                                 January 2022, and he was replaced by an  Interim
             NEIS  Resolution is bound  by the NHS terms and     Chair,  Mike  Pinkerton, from 29 January 2022.
             conditions o f service (known as Agenda for Change).
            With the exception of the directors who are paid in
             accordance with  DHSC pay framework for executive
             and senior managers in ALBs, all staff are paid  in
             accordance with Agenda for Change. Where necessary,
             NEIS  Resolution also makes use of the national medical
             and dental  pay, and terms and conditions of service
            for those positions which are deemed necessary to
             have a current licence to practise and/or professional
             membership with an appropriate body. We currently
             have two staff members employed  under the medical
             and dental terms and conditions of service.
             Full details on the Agenda for Change,  including
             a copy of the current handbook, can  be found on
            the NHS Employers website1. The provisions set out
             in this handbook are based on the need to ensure
             a fair system of pay for NHS employees which
             supports modernised working  practices.  Nationally,
             employer and trades union  representatives have
             agreed to work in  partnership to maintain an NHS
             pay system which supports NHS service modernisation
             and meets the reasonable aspirations of staff.










              httD://www.nhsemDlovers.ora/vour-workforce/Dav-and-reward/nhs-terms-and-conditions/nhs-terms-and-conditions-of-service-handbook
              https://www.nhsemplovers.orq/pav-pensions-and-reward/medical-staff/pav-drculars]]></page><page Index="110"><![CDATA[86                                                                       Remuneration and staff report



       Table 15: Executive and non-executive director salaries and allowances1for 2021/22

        Name and title          Salary       Expense   Performance       Long term   All pension-       Total
                                            payments       pay and     performance        related
                                             (taxable)    bonuses pay and bonuses        benefits
                                  £000                       £000            £000          £000         £000
                              bands of        total to    bands of        bands of      bands of       bands
                                £5,000   nearest £100       £5,000         £5,000         £2,500    of £5,000


        Mike Pinkerton1          10-15          2,500           0             N/A           N/A        10-15
                     2

        (Interim Chair)


        Martin Thomas3          50-55           2,700           0             N/A           N/A        55-60
        (Chair)




        Helen Vernon           160-165             0         5-10               0        45-47.5     215-220
        (Chief Executive)




       Joanne Evans            120-125          1,500         0-5               0        35-37.5     160-165
        (Director of Finance
        and Corporate
        Planning)

        Dr Denise Chaffer      115-120             0            0               0          2.5-5     120-125
        (Director of Safety
        and Learning)


       Vicky Voller            115-120             0            0               0        32.5-35     145-150
        (Director of Advice
        and Appeals)


        Professor Keith           5-10             0          N/A             N/A           N/A         5-10
        Edmonds4
        (Non-executive
        Member)
        Charlotte Moar5          10-15          1,800         N/A             N/A           N/A        10-15
        (Non-executive
        Member)











       1The executive and  non-executive directors do  not  receive any non-cash  benefits other than travel  costs booked through the
        corporate booking  company for journeys to  locations approved  under NHS  Resolution's travel and  expenses policy. The gross
        value of this benefit and any taxable expenses reimbursed are  included  in the  Expense payments column of this table.
       2  Mike  Pinkerton commenced as  NHS  Resolution's Interim  Chair on  29 January 2022. The  interim  chair full year equivalent
        salary is in the band  £60-65k. The  non-executive director full year equivalent salary is in the band  £5-1 Ok.
       3  Martin Thomas' term of office ended on  28 January 2022.  Martin Thomas' full year equivalent salary was  in the band  £60-65k.
       4  Professor Keith  Edmonds was  reappointed as Non-executive  Director until 30 September 2021, and then appointed as an associate  non­
        executive  member from  1 October 2021  to 6  December 2021.  Professor Keith  Edmonds'  full year equivalent salary was in the band  £5-10k.

       5  Charlotte  Moar is also the Chair of the Audit and  Risk Committee.]]></page><page Index="111"><![CDATA[NHS Resolution      Annual report and accounts 2021/22                                            87





             Name and title           Salary       Expense   Performance      Long term    All pension-      Total
                                                  payments      pay and     performance        related
                                                  (taxable)     bonuses pay and bonuses       benefits
                                       £000                        £000            £000          £000         £000
                                    bands of        total to   bands of        bands of       bands of      bands
                                      £5,000   nearest £100      £5,000          £5,000        £2,500    of £5,000


             Mike Pinkerton2           5-10            600          N/A             N/A           N/A         5-10
             (Non-executive
             Member)


             Nigel Trout               5-10              0          N/A             N/A           N/A         5-10
             (Non-executive
             Member)


             Janice Barber6             0-5              0          N/A             N/A           N/A         0-5
             (Non-executive
             Member)


             Professor Dame             0-5              0          N/A             N/A           N/A         0-5
             Lesley Regan7
             (Non-executive
             Member)

             Dr Mike Durkin OBE8       5-10              0          N/A             N/A           N/A         5-10
             (Associate Non­
             executive Member)


             Sir Sam                   5-10              0          N/A             N/A           N/A         5-10
             Everington OBE9
             (Associate Non­
             executive Member)




























            6 Janice  Barber's appointment as  Non-executive  Director commenced on  18 January 2022.
              Janice  Barber's full year equivalent salary was in the band  £5-1 Ok.
            7  Professor Dame  Lesley Regan's appointment as Non-executive  Director commenced on  6  December 2021.
              Professor Dame  Lesley Regan's full year equivalent salary was in the band  £5-1 Ok.

            “  Dr Mike  Durkin's appointment as Associate  Non-executive  Director was extended for a further twelve  months with  effect from  1 July 2021.

            9  Sir Sam  Everington's appointment as Associate  Non-executive  Director was extended for a further twelve  months with  effect from  1 July 2021]]></page><page Index="112"><![CDATA[88                                                                       Remuneration and staff report




       Table 16: Executive and non-executive director salaries and allowances1for 2020/21
        Name and title          Salary       Expense   Performance       Long term   All pension-       Total
                                            payments       pay and     performance        related
                                             (taxable)    bonuses pay and bonuses        benefits
                                  £000                       £000            £000          £000         £000
                              bands of        total to    bands of        bands of      bands of    bands of
                                £5,000   nearest £100       £5,000         £5,000         £2,500      £5,000



        Ian Dilks1              45-50              0            0             N/A           N/A       45-50
               2
        (Chair)


        Martin Thomas3          15-20              0            0             N/A           N/A        15-20
        (Chair)




        Helen Vernon          160-165              0         5-10               0        52.5-55    220-225
        (Chief Executive)




       Joanne Evans4          120-125           5,700           0               0        25-27.5     155-160
        (Director of Finance
        and Corporate
        Planning)

        Dr Denise Chaffer      115-120             0            0               0       22.5-25      140-145
        (Director of Safety
        and Learning)


       Vicky Voller            115-120             0         5-10               0       50-52.5      170-175
        (Director of Advice
        and Appeals)





























       1The executive and  non-executive directors do  not  receive any non-cash  benefits other than travel  costs booked through the
        corporate booking  company for journeys to  locations approved  under NHS Resolution's travel and expenses policy. The gross
        value of this benefit and any taxable expenses reimbursed are  included  in the  Expense payments column of this table.
       -  Ian  Dilks  left NHS Resolution on  31  December 2020.  Ian  Dilks' full year equivalent salary was in the band  £60-65k.
       3  Martin Thomas' term of office ended on  28 January 2022.  Martin Thomas' full year equivalent salary was in the band  £60-65k.x
       4  Travel and accommodation  costs have been  incurred  by the  Executive  Director for journeys between the Leeds and
        London base following the opening of an  expanded  Leeds office and the  relocation of that Director to  Leeds.]]></page><page Index="113"><![CDATA[NHS Resolution      Annual report and accounts 2021/22                                            89





             Name and title           Salary       Expense   Performance      Long term    All pension-      Total
                                                  payments      pay and     performance        related
                                                  (taxable)     bonuses pay and bonuses       benefits
                                       £000                        £000            £000          £000         £000
                                    bands of        total to   bands of        bands of       bands of    bands of
                                      £5,000   nearest £100      £5,000          £5,000        £2,500       £5,000


             Professor Keith           5-10              0          N/A             N/A           N/A        5-10
             Edmonds5
             (Non-executive
             Member)
             Charlotte Moar6          10-15              0          N/A             N/A           N/A       10-15
             (Non-executive
             Member)


             Mike Pinkerton            5-10            700          N/A             N/A           N/A        5-10
             (Non-executive
             Member)


             Nigel Trout               5-10              0          N/A             N/A           N/A        5-10
             (Non-executive
             Member)


             Dr Mike Durkin OBE7       5-10            700          N/A             N/A           N/A        5-10
             (Associate Non­
             executive Member)


             Sir Sam Everington        5-10              0          N/A             N/A           N/A        5-10
             OBE (Associate Non­
             executive Member)


































             5  Professor Keith  Edmonds was reappointed for a  period of one year with  effect from  1 April  2020.
            6  Charlotte  Moar is also the Chair of the ARC.  Charlotte  Moar was reappointed for a  period of three years with  effect from  1 September 2020.


            7  Dr Mike  Durkin's appointment as Associate  Non-executive  Director was extended for a further twelve  months with  effect from  1 July 2020.]]></page><page Index="114"><![CDATA[90                                                                       Remuneration and staff report



       Pension entitlements for executive directors
       All directors at NHS  Resolution  pay into the NHS Pension scheme.  Past and  present employees are covered  by the
       provisions of the NHS Pension scheme.  Details of the benefits payable under these provisions can be found on the
       NHS Pensions website at www.nhsbsa.nhs.uk/pensions and further details
       are set out in the Financial statements section of this report.


       Table 17: Pension entitlements for executive directors

        Name and title              Real increase       Real increase  Total accrued pension     Lump sum at
                                      in pension   in pension lump sum   at pension age at   pension age related
                                  at pension age       at pension age      31 March 2022  to accrued pension at
                                                                                                31 March 2022
                                           £000                £000                £000                 £000
                                 bands of £2,500     bands of £2,500      bands of £5,000     bands of £5,000

        Helen Vernon                      2.5-5               0-2.5               50-55               85-90
        (Chief Executive)




       Joanne Evans                       2.5-5                   0               15-20                    0
        (Director of Finance
        and Corporate
        Planning)

       Vicky Voller                       0-2.5               0-2.5               30-35               45-50
        (Director of Advice
        and Appeals)


        Dr Denise Chaffer                 0-2.5                5-7.5              45-50              135-140
        (Director of Safety
        and Learning)

                                 Cash equivalent      Cash equivalent        Real increase         Employer's
                                 transfer value at   transfer value at   in cash equivalent       contribution
                                   31 March 2022       31 March 2021        transfer value      to stakeholder
                                                                                                     pension
                                           £000                £000                £000                 £000


        Helen Vernon                       856                  794                  57                   23
        (Chief Executive)




       Joanne Evans                         212                 171                  40                   16
        (Director of Finance
        and Corporate
        Planning)
       Vicky Voller                         414                 379                  33                   14
        (Director of Advice
        and Appeals)


        Dr Denise Chaffer                     0                   0                   0                   18
        (Director of Safety
        and Learning)]]></page><page Index="115"><![CDATA[NHS Resolution      Annual report and accounts 2021/22                                            91



             Cash equivalent transfer values                     Fair pay disclosure
            A cash equivalent transfer value (CETV) is the actuarially   Reporting bodies are required to disclose the
             assessed capital value of the pension scheme benefits   relationship between the remuneration of the highest-
             accrued by a  member at a particular point in time.  paid director in their organisation and the median
            The benefits valued are the member's accrued benefits   remuneration of the organisation's workforce,
             and any contingent spouse's pension  payable from the   both for total remuneration and for basic pay.
             scheme. A CETV is a payment made by a  pension scheme
                                                                 Total  remuneration  includes salary,  non­
             or arrangement to secure pension benefits in another
                                                                 consolidated performance-related pay and
             pension scheme or arrangement when the member leaves
                                                                 benefits-in-kind.  It does not include severance
             a scheme and chooses to transfer the benefits accrued
                                                                 payments,  employer pension contributions and
             in their former scheme. The pension figures shown
                                                                 the cash equivalent transfer value of pensions.
             relate to the benefits that the individual has accrued as
             a consequence of their total  membership of the pension   The total  banded  remuneration of the highest-paid
             scheme,  not just their service in a senior capacity to   director in NHS  Resolution in the financial year 2021/22
            which disclosure applies. The CETV figures and the other   was £165,000-£170,000 (2020/21,  £165,000-
             pension details include the value of any pension  benefits   £170,000).  This was 3.55 times (2020/21, 3.40) the
             in another scheme or arrangement that the individual   median  remuneration of the workforce, which was
             has transferred to the NHS pension scheme. They also   £47,716 (2020/21,  £49,198). The 25th percentile
             include any additional  pension  benefit accrued to the   remuneration of 4.31  (2020/21,4.30) was £39,374
             member as a result of their purchasing additional years of   (2020/21,  £39,464), which  represents the lowest
             pension service in the scheme at their own cost. CETVs   quartile of remuneration in the organisation, and the
             are calculated within the guidelines and framework   75th  percentile remuneration of 2.81  (2020/21,  2.82)
             prescribed  by the Institute and  Faculty of Actuaries.  was £60,316(2020/21,  £60,058), which  represents the
                                                                 upper quartile of remuneration  in the organisation.
             Real  increase in  CETV
                                                                 The basic pay remuneration of the highest-paid director
            This reflects the increase in CETV effectively funded
                                                                 in  NHS  Resolution  in the financial year 2021/22 was
             by the employer.  It takes account of the increase
                                                                 £160,000-£165,000 (2020/21,  £160,000-£165,000).
             in accrued pension due to inflation, contributions
                                                                 This was 3.55 times (2020/21,  3.87) the median
             paid  by the employee (including the value of
                                                                 remuneration of the workforce, which was £45,524
             any benefits transferred from another scheme or
                                                                 (2020/21,  £41,723). The 25th  percentile remuneration
             arrangement) and  uses common  market valuation
                                                                 of 4.73 (2020/21,  5.15) was £34,172 (2020/21
            factors for the start and end of the period.
                                                                 £31,365), which represents the lowest quartile of
             Compensation on early retirement                    remuneration  in the organisation, and the 75th
             or for loss of office                               percentile remuneration of 3.04 (2020/21,3.13) was
                                                                 £53,219 (2020/21,  £51,268), which  represents the
            There were no early retirements or other
                                                                 upper quartile of remuneration  in the organisation.
             exit arrangements for directors during the
             reporting  period. This is subject to audit.        In 2021/22,  no employee received  remuneration  in
                                                                 excess of the highest-paid director (2020/21, was zero).
             Payments to past directors
                                                                 Remuneration bands ranged from £20,000-£25,000
            There were no payments made to past                  to £165,000-£170,000 (2020/21,  £20,000-£25,000
             directors. This is subject to audit.                to £165,000-£170,000). There has been  no year-
                                                                 on-year change in the remuneration  banding of
                                                                 the highest paid director. The percentage change in
                                                                 salary and allowances is 3.89%. This reflects both
                                                                 the pay award of 3%  and the increase in average
                                                                 workforce by  100 FTE at an average remuneration
                                                                 lying  between the median and the upper quartile.

                                                                 The fair pay disclosures are subject to audit.]]></page><page Index="116"><![CDATA[92                                                                       Remuneration and staff report



       Staff report
       Since the start of the 2021/22 year there has been a   which  held  its inaugural meeting in  March 2022. The role
       notable increase in budgeted full time equivalent (FTE)   of the  People Committee is to support the Board and the
       staff. The increase in  budgeted establishment continues   Accounting Officer by reviewing the comprehensiveness
       to reflect the organisation's requirements to successfully   and reliability of assurances in  relation to its people
       operate the Clinical  Negligence Scheme for General   strategies and activities. The committee members
       Practice, the Claims Evolution  Programme, the Core   provide advice on the adequacy of the organisation's
       Systems Programme and the corporate support required   people plans and strategies. They provide support and
       for the ongoing  increase in  remit and establishment.   recommend which  issues/matters should be escalated
       While increasing our budgeted establishment and     to the Board for further discussion/agreement.
       headcount we have seen an  increase in our annual
                                                           Throughout 2021/22 we have continued to support
       staff turnover to  10.5%,  up from 8.8%  in 2020/21.
                                                           our workforce in a range of personal and  professional
       Further information on the organisational establishment,   development opportunities both internally and
       including a breakdown by directorate, is now included   externally.  Our ongoing commitment to people
       within our finance performance report which  is     management excellence has been  recognised  by the
       presented to the Board.  This additional analysis of   interim Investors in  People (IIP) report received  in  March
       data enables the organisation to consider where there   2022. We are now working towards achieving gold
       may be risks associated with  high vacancy areas.   level accreditation when we reaccredit in early 2023.
       During 2021/22 the Board approved the development   Tables  18 and  19 set out staff costs and average
       of a  People Committee, a sub-committee of the Board,  staff numbers, which are subject to audit.



       Table 18: Staff costs for 2020/21  and 2021/22

        Staff costs                             Permanently           Other          2021/22         2020/21
                                             employed staff                            Total            Total
                                                      £000             £000            £000             £000
        Salaries and wages                           24,236           2,313          26,549           20,718
        Social security costs                         2,741               0            2,741           2,237

        Employer contributions                        4,030               0            4,030           3,399
        to NHS Pensions
        NEST pension contributions                       4                0               4                8

        Apprenticeship levy                             121               0             121               84
        Total                                        31,132           2,313          33,445           26,446



       Table 19: Average full-time equivalent staff numbers

        Average number of persons               Permanently          Other*          2021/22         2020/21
        employed/staff numbers               employed staff                            Total            Total
        and related costs
        Core department                                468               24             492              400

        Capital projects                                  8               0               8                0
        Total                                          476               24             500              400

       *Other is temporary/agency workers engaged with the organisation.]]></page><page Index="117"><![CDATA[NHS Resolution      Annual report and accounts 2021/22                                            93






            As at 31  March 2022, of the eight executive and     The following graphs detail  how the organisation's
             senior managers, three were male (37.5%) and five   workforce is made up in  respect of the other
            were female (62.5%). The gender split ratio for the   monitored characteristics that are included
            whole of NHS  Resolution was 36%  male and 64%       under the Equality Act 2010.
            female. The organisation regularly reports to the
                                                                 The proportions of staff against each of the monitored
             Board, and  more recently to its established  People
                                                                 characteristics have remained  broadly comparable
             Committee, the details of its workforce gender by
                                                                 to the proportions for the 2020/21  year.
             pay band  including executive and senior managers.



             Figure 24:
             Headcount by gender and grade1


                                                  96





















                                                                                                        Dental
                   I   Female   d )  Male

             Figure 25:                                          Figure 26:
            Workforce - disability                               Workforce - sexual orientation
























               ■ No         ■ Not        ■ Prefer not  ■ Yes        ■ Hetero­  ■ Do not wish to  ■ Undecided  ■ LGBTQ.
                              declared    to answer                  sexual    disclose my sexual
                                                                               orientation
                 79%          16%         3%           3%
                                                                     75.8%     21%              0.2%        2.9%


              Under the Agenda for Change  NHS terms and conditions o f service,  pay band 2  is the  lowest grade and  pay band  9  is the  highest grade.]]></page><page Index="118"><![CDATA[94                                                                       Remuneration and staff report



       Figure 27:                                          Figure 28:
       Workforce - religion/belief1                        Workforce - ethnicity (organisational  profile)























         ■ Christianity  ■ Do not wish   ■ Atheism  ■ Islam       ■ White      ■ BAME       ■ Do not wish
                        to disclose                                                           to disclose
           39.2%        28.3%        14.4%        8.1%              63%          33%          4%

         ■ Other      ■ Hinduism   ■ Sikhism    ■ Juda ism

           4.7%         3%           1.9%         0.4%




       Disability                                          In addition to discussing  internal  matters, the group
                                                           invites external speakers to the meetings in order to share
       NHS Resolution has achieved level two of the Government's
                                                           knowledge and best practice. The group met on a further
       Disability Confident scheme, which replaces the previous
                                                           two occasions in 2021/22 and topics covered  included:
       Two Ticks -  Positive About Disabled  People scheme.
                                                           •  Workforce Disability Equality Standard
       A staff-led disability group was established  in April 2021,
       the Disability Network. The purpose of this group is to:  •  Mobility implications on  returning
                                                             to office-based working
       •  Create an active forum to promote the awareness
         of disability and  inclusion  in a supportive     •  Disability leave
         and  non-judgmental environment;
                                                           •  Social model of disability (presentation
       •  Be central to the visions and values at            from the Shaw Trust).
         NHS Resolution, and encourage staff
                                                           The table following shows the percentage of applications
         engagement and staff empowerment;
                                                           that were shortlisted and the percentage of appointments
       •  Assist in making NHS Resolution an employer      made from those who consider themselves as having a
         of choice for people with a disability.           disability, those who do not consider themselves as having
                                                           a disability and those who do not wish to disclose this
       •  Assist in ensuring disabled people and those with  long
                                                           information.  It also provides a comparison to 2020/21.
         term health conditions have equal access to jobs and
         are able to fulfil their potential at NHS Resolution.


















        Note:  total  is 99.7%   due to  rounding.]]></page><page Index="119"><![CDATA[NHS Resolution      Annual report and accounts 2021/22                                            95



            Table 20: A comparison of the proportion of job candidates shortlisted and appointed to role at
                     NHS Resolution in 2020/21  and 2021/22 with and without a disclosed disability

             Application category                    % Shortlisted   % Shortlisted    % Appointed     % Appointed
                                                         2021/22          2020/21 from shortlisting  from shortlisting
                                                                                          2021/22          2020/21

             Disabled                                        24.4             8.0              5.9            15.0
             Not disabled                                    26.9             5.8             19.1            50.0
             Not disclosed                                   31.1             2.9            69.7             33.3
             Total                                          26.8              5.8            20.0             47.1





             Overall the organisation shortlisted a greater number   Ethnicity
             of candidates across all categories in 2021/22. While
                                                                 The proportion of Black, Asian and  Minority
            the number of appointments made in 2021/22
                                                                 Ethnic (BAME) employees has reduced to 33%  in
             increased slightly, the percentage of appointments
                                                                 2021/22 (compared with 36%  in 2020/21). We
            from the number of shortlisted applicants reduced
                                                                 have continued to grow our workforce in  Leeds
            from 47.1%  in 2020/21  to 20%  in 2021/22.
                                                                 as well as seeing a number of staff moving to
            The number of applicants who considered themselves   100%  home working  in the past  12  months.
             as having a disability and who were shortlisted for
                                                                 It is important that we understand our regional figures
             interview increased to 24.4%  in 2021/22  up from
                                                                 and  how these align to the local  population.  Figure 29
             8%  in 2020/21. The number of appointments
                                                                 shows the current workforce profile against the regional
             made within this category reduced from  15%  in
                                                                 profile information from the 2011  census data. Once the
             2020/21  to 5.9%  in 2021/22. A similar reduction was
                                                                 information from the 2021  census is available, we will
             noted in the not disabled category which reduced
                                                                 review our regional profiles against the latest figures.
            from  50%  in 2020/21  to  19.1%  in 2021/22.
             Since January 2022 we have been  undertaking audits
             on all recruitment campaigns covering a range of
             monitoring characteristics.  The purpose of these
             audits is to identify any areas which may need to be
             considered and addressed further by way of learning.]]></page><page Index="120"><![CDATA[96                                                                       Remuneration and staff report



       Figure 29:

       Workforce - ethnicity (Leeds1and  London against the regional figures)



                                  88.8%
























                             Leeds                                              London


        ■   BAME                                      White                                |  Undisclosed
           workforce profile                          workforce profile                      workforce profile
        ■   BAME                                  ■   White                               n  Undisclosed
           regional profile                           regional profile                       regional profile


       Our workforce profile is closely aligned to the regional   While a number of the pay bands are closely aligned
       figures for London. We continue to employ a higher   to the organisation's overall ethnicity ratio, there is an
       proportion of BAME staff in Leeds when compared to   underrepresentation of BAME staff at the  ESM  level and
       the regional figures. The main category of BAME staff in   across pay bands 8A to 8C. This is consistent with the
       Leeds is Asian, and we do have an  underrepresentation   national data around the underrepresentation of BAME
       of staff from  Black Atrican/Caribbean/British      staff at senior level within the NETS and  in the industry
       backgrounds in comparison to the regional profile.  in general. The information also shows that there is
                                                           an overrepresentation of BAME staff within the lower
       The organisation continues to provide regular
                                                           pay bands. As detailed under the  Equality, diversity and
       reports to the Board and  its recently established
                                                           inclusion section of this report, the organisation continues
       People Committee, detailing its workforce ethnicity
                                                           to take a  number of steps in order to address these issues.
       by pay band including senior managers. There are
       some noted areas of under- and overrepresentation
       of BAME staff as detailed  in  Figure 30.
























        For the  Leeds regional census data  0.8%   categorised themselves as 'other' and are  not  included  in this figure.]]></page><page Index="121"><![CDATA[NHS Resolution      Annual report and accounts 2021/22                                            97



             Figure 30:
             Headcount by ethnicity



                                                 92





























                                                White   |   BAME    ■   Not disclosed






             Sickness absence                                    Off-payroll engagements
             As at 31  March 2022,  NHS  Resolution's twelve­    As of 31  March 2022,  NHS Resolution  has ten off-payroll
             month cumulative sickness absence rate was  1.61 %.   appointments costing  more than  £245 per day.  Four
             The organisation's absence rate has remained  below   of these appointments have or are likely to last longer
             the NHS national average for England and for other   than six months and were new engagements within
             similar national  NHS organisations.  During 2021/22 we   the reporting  period.  Four appointments have lasted
             maintained  real-time absence reporting, and provided   between one and two years at the time of reporting.
             full oversight on the level and  reasons for absence   The appropriate pre-placement checks were completed
             by department within weekly workforce summary       for these and for all of the off-payroll engagements,
             reports to SMT. Through our recently established    with the required assurances obtained to confirm
             People Committee, we continue oversight of our      these placements were assessed to ensure that the
             absence management processes.  Overall we ensure    appropriate tax and national insurance arrangements
             that the required  level of support is provided to our   were in  place as they were not covered  by IR351.
             workforce while supporting our managers in the
             management of both informal and formal cases.




















              IR35  is tax legislation that is designed to combat tax avoidance by workers supplying their services to clients
              via  an  intermediary, such as a  limited company,  but who would be an employee  if the  intermediary was not  used.]]></page><page Index="122"><![CDATA[98                                                                       Remuneration and staff report



       Table 21: For all off-payroll engagements as of 31  March 2022, for more than f245 per day



        No. of existing engagements as of 31 March 2022                                                   10
        Of which:
        No. that have  existed  for less than one year at time of reporting                                6

        No. that have  existed  for between one and two years at time of reporting                         4
        No. that have  existed  for between two and three years at time of reporting                       0
        No. that have  existed  for between three and four years at time of reporting                      0

        No. that have existed for four or more years at time of reporting                                  0


       Table 22: For all off-payroll engagements between 1  April 2021  and 31  March 2022,
               for more than £245 per day


        No. of temporary workers engaged between 1 April 2021 and 31  March 2022                          22
        Of which:

        No. not subject to off-payroll legislation                                                         0
        No. subject to off-payroll legislation and determined as in scope of IR35                          0
        No. subject to off-payroll legislation and determined as out of scope of IR35                     22

        No. of engagements reassessed for compliance or assurance purposes during the year                 0
        No. of engagements that saw a change to IR35 status following the review                           0


       Table 23: For any off-payroll engagements of Board members, and/or senior officials with significant
               financial responsibility, between 1 April 2021  and 31  March 2022



        No. of off-payroll engagements of Board members, and/or senior officials                           0
       with significant financial responsibility, during the financial year
       Total no. of individuals on payroll and off-payroll that have been deemed                          10
        'Board members, and/or senior officials with significant financial responsibility'
        during the financial year]]></page><page Index="123"><![CDATA[NHS Resolution      Annual report and accounts 2021/22                                            99



             Exit packages
             There were no compulsory or voluntary redundancies during the 2021/22 financial year.  This is subject to audit.
             Trade Union  Regulations 2017

             The Trade Union (Facilities Time Publication  Requirements) Regulations 2017 came into force on  1 April

             2017. These regulations require relevant public sector organisations to report on the trade union facility
             time in their organisation. The following tables detail the number of union officials within  NHS  Resolution,
             the percentage of their time spent on facilities time, the percentage of pay bill spent on facilities time and

             the percentage of paid trade union activities. This covers the period  1 April 2021  to 31  March 2022.

            Table 24: Relevant union officials
             Number of employees who were relevant union        Full-time equivalent employee number
             officials during 2021/22
                                                              2                                                  2



            Table 25: Percentage of time spent on facility time
             Percentage of time                                 Number of employees

                                                            0%                                                   0
                                                         1-50%                                                   2

                                                        51-99%                                                   0
                                                          100%                                                   0


            Table 26: Percentage of pay bill spent on facility time

             Percentage of pay bill
             Total cost of facility time                                                                    £9,712

             Total pay bill                                                                            £33,445,585
             Percentage of the total pay bill spent on facility time, calculated as:                        0.03%
             (total cost of facility time f total pay bill) x 100


            Table 27: Paid trade union activities
             Paid activities

             Hours spent by employees who were relevant union officials during 2021/22 on paid trade union activities,
             as a percentage of total paid facility time hours.

             Time spent on paid trade union activities as a percentage of total paid facility time          6.17%
             hours calculated as: (total hours spent on paid trade union activities by relevant
             union officials during the relevant period  e total paid facility time hours) x 100]]></page><page Index="124"><![CDATA[100                                                                      Remuneration and staff report



       People
       Following the awarded Silver level  Investors in  People   In the spring of 2021, and as part of the ongoing
       (IIP) accreditation in  March 2020, our interim  IIP review   support to the Ways of Working  programme, our Fluman
       in  March 2022 continues to recognise the progress made   Resources and Organisational Development (FIR&OD)
       across a number of areas. This has been achieved despite   team facilitated a series of co-design staff workshops to
       another difficult year in navigating the organisation   create an  understanding of the support staff required
       through the pandemic,  in addition to a number of   in the short and  longer term  in  relation to health and
       change programmes completed and  underway. The      wellbeing.  Feedback from these sessions have been
       support to the workforce and the continued delivery   used to inform activities and support mechanisms.
       of work in  line with our Workforce and Organisational
                                                           Our approach has ensured that our workforce has
       Development Strategy has made a  positive impact
                                                           the required resilience to respond  positively to the
       in  many ways and the IIP continues to recognise our
       ongoing commitment to people management excellence.  pandemic and associated  revised ways of working.
       As a result of the ongoing  pandemic, 2021/22       Despite the workforce spending the vast majority of
       continued to be a challenging period for the workforce   time working from  home throughout 2021/22,  our
       both  personally and  professionally. The continued   staff engagement activities have continued to see
       adjustments to the working from home and social     a positive level of input with the completion of our
       distancing requirements was unsettling and required the   staff annual appraisals remaining high at 97%  in
       organisation to adjust its approach to staff support on   2021, and a  positive response rate of 62.8%  to the
       a  number of occasions.  In October 2021  all staff were   staff survey undertaken at the beginning of 2022.
       asked to complete a further individual risk assessment
                                                           We have progressed a significant number of the key
       in  relation to a return to office-based working.  In
                                                           priorities noted  in our workforce and organisational
       December 2021, and  in  response to the Government's
                                                           development strategy. Activities delivered
       'plan B' announcement we had to revert to further
                                                           throughout 2021/22 include the following areas.
       individual  risk assessments for home-based working.
       During the summer months of 2021  with a return to   Equality, diversity and  inclusion (EDI)
       office-based working, the organisation introduced
                                                           We aim to create an environment where staff
       measures for monitoring,  reporting and escalating
                                                           respect and value each other's diversity. As an  NFIS
       when there were confirmed  positive Covid-19 cases.
                                                           arm's length  body (ALB),  it is imperative we are
       Our focus has continued primarily on  maximising the   transparent and embrace the core values of the NFIS,
       health and wellbeing (HWB) of our entire workforce   which are respect, dignity, compassion and  inclusion
       in order to support staff to work as productively as   as well as, of course, our own  PEER values.
       possible, while balancing home and family lives.  Our
                                                           In January 2022, we updated our EDI  policy (which
       health and wellbeing offer for staff was updated and
                                                           provides details of the responsibilities of all staff for
       launched on our Connect intranet page in September
                                                           promoting  EDI to ensure we consistently demonstrate
       2021. A key part of this offer is a  PIWB toolkit which
                                                           our PEER values) and associated behaviours
       provides information on a range of physical,  mental
                                                           framework.  Reference is also made in the policy to
       and financial  health support measures for both staff
                                                           the Just and  Learning Culture charter, the purpose
       and  managers and  is kept under constant review,
                                                           of which is to ensure a consistent and fair approach
       to ensure it remains relevant and fit-for-purpose.
                                                           is taken  in  relation to incidents and errors.
       2021/22 brought a large amount of change activity
       including the completion of our move from Victoria to   We continue to make progress on our EDI agenda and
       Canary Wharf which coincided with a  return to office-   action  plan, which was approved  by the Board  in July
       based working. This was in addition to the launch of our   2020. The plan  is focused on three primary areas which
       Core Systems and Claims Evolution change programmes.  are set out with progress to date in the following material.
       In  response to this significant period of change
       and the ongoing  pandemic impacts,  in January
       2022, a campaign named  'Focus on you  in 2022'
       was launched and  included a number of 'Lunch
       & Learns' and workshops focusing on:
       •  'your career'
       •  'your mental health'
       •  'your health and wellbeing toolkit'

       •  'your financial wellbeing'.]]></page><page Index="125"><![CDATA[NHS Resolution      Annual report and accounts 2021/22                                           101



             Recruitment, selection and on-boarding              •  Following the development of the behaviours
                                                                   framework, awareness sessions have been designed
             •  There is a dedicated recruitment page on our Connect
                                                                   to embed the framework within the organisation.
               intranet which provides details of NHS Resolution
               vacancies.  The purpose of this is to support open and   •  Building on our Disability Confident Scheme
               transparent promotion of all our job opportunities.  we have supported the launch of a staff-led
                                                                   disability network which runs quarterly events.
             •  The recruitment and selection policy and staff
               training  programme have been  updated to         •  We have developed a dedicated Connect
               reflect current legislation and best practice.      intranet page updated with the purpose and
                                                                   aims of the Disability Staff Network.
             •  A number of interventions continue to run to
               support individuals through the recruitment and   •  HR&OD  have facilitated an open staff discussion
               selection process. These include preparation for the   meeting in order to test the appetite for
               recruitment and selection  process, interview and   establishing a staff-led LBGT+ network.
               assessment centres and focused career coaching.
                                                                 Our Diversity Matters staff group continued to meet
             •  Since January 2022 we have completed audits      bi-monthly with a vibrant programme of topics, including:
               on  recruitment campaigns covering a range of
                                                                 •  An  update on staff survey results and  next steps;
               monitored characteristics.  The purpose is to identify
               any areas which may need to be considered         •  An open discussion on  how Diversity Matters has
               and addressed further by way of learning.           contributed to staff lived experience at NHS Resolution;
             •  Where appropriate, we continue to use specific   •  A networking session on what we want
               job boards in order to promote roles to those       an  inclusive organisation to look like;
               groups who may be underrepresented.
                                                                 •  An  update on progress made on our Equality,
             •  As part of our 2022/23 business plan, we           diversity and  inclusion strategy and action plan;
               have developed specific KPIs in  relation to
                                                                 •  A presentation on the Leadership Academy's
               improving the diversity of our workforce.
                                                                   wellbeing coaching offer;  and
             Leadership and talent management                    •  A presentation on the leadership model at
             •  We continue to promote and support access to       North  East London  NHS Foundation Trust.
               leadership development for all levels of staff.   As a result of a suggestion from the Diversity Matters
             •  Where available, we promote external             group, we have amended our annual leave policy to
               leadership development opportunities aimed        introduce a 'public holiday swaps' arrangement. This
               specifically at BAME staff, for example the       gives staff the opportunity to work over public holidays
               Ready Now and Stepping  Up programmes.            and to enable them to take leave at other times,
                                                                 including for significant dates in  religious calendars.
             •  There are dedicated Connect intranet pages
               for coaching (internal and external) and          In accordance with the Sickness absence and promoting
               mentoring,  including the promotion of an         attendance policy and procedure (HR09),  NHS Resolution
               ALB-wide reciprocal mentoring platform.           put together a  policy statement on  'menopause at work'
                                                                 which aligns to our broader EDI strategy and action  plan
             Capacity and capability
                                                                 and our wellbeing work. The aim  is to promote a wider
             •  We have checked in  regularly with our           understanding of menopause support and  reasonable
               junior case managers to ensure progress           adjustments to staff experiencing  menopausal symptoms.
               is made against objectives.]]></page><page Index="126"><![CDATA[102                                                                      Remuneration and staff report



       Leadership development
       The HR&OD team continue to run a range of leadership   The programme was delivered virtually and consisted
       and  management development interventions, working in   of four two-hour sessions delivered over four weeks.
       partnership with external  providers where appropriate and   The modules covered the topics outlined in Figure 31.
       making best use of the apprenticeship levy. These include:
                                                           Eleven cohorts were delivered and there have been
       •  Developing a management and  leadership          approximately six to eight participants in each cohort.
         programme which  is a foundation programme        Given the considerable change taking place,  leadership
         for new line managers and existing                development has been acutely focused on developing
         managers (apprenticeship funded).                 our leaders to respond to and manage change. This
                                                           has taken  place in terms of a  range of OD interventions
       •  Developing  managers to support themselves
                                                           and learning and development workshops.
         and others through change.
       An SMT development programme is planned for 2022.

       In  response to the 2020 staff survey,  in July 2021
       a  managing through leadership course was
       designed and offered to all members of staff.




       Figure 31:
       Modules and topics covered by our leadership course




       Managing through  leadership - knowing ourselves




           Where we are
                                                     Task focus

             Managing priorities                                                     Influencing strategy
             Communication skills                                                    Managing complexity
             Team management                                                         Organisational
             Business knowledge                                                      awareness
                                                                                     Managing change
                                         Ijtills &          Business
                                    capabilities            leadership



                     Team                                                                Organisational
              development                                                                development



                                          Self-             Relationship
                                    awareness              management


           ^  Self-awareness                                                       •s  Understanding others
           v'  Self-confidence                                                     v"  Developing others
           *  Managing emotions                                                    v'  Inspiring trust and
           ^  Motivating self                                                        commitment
                                                                                   ^  Managing
                                                    People focus                     relationships]]></page><page Index="127"><![CDATA[NHS Resolution      Annual report and accounts 2021/22                                           103



             Inclusive talent management
             and succession planning

            Talent and succession  planning forms a key part     We have maintained our membership of the Health and
             of our Emerging  People Strategy and will  build on   Care Leaders Scheme (HCLS) and continued to offer
            the work started  in our existing workforce and OD   and access various external leadership development
             strategy. We believe in investing in the development   opportunities which  include the Ready Now, Stepping
             and potential of all staff, to ensure we have effective   Up,  Leaders 2025 and  Nye Bevan  programmes.
             leadership at all  levels. We promote equality, diversity
                                                                 Throughout 2021/22 the organisation has continued
             and inclusion and are taking action to embed an
                                                                 to promote apprenticeships as a way of learning and
             inclusive approach to talent management, supporting
                                                                 developing our own talent. We have used opportunities
             staff to appreciate difference through our staff
                                                                 such as the National Apprenticeship Week,  Lunch & Learn
             networks and ensuring we are focused on attracting,
                                                                 sessions and  monthly apprenticeship drop-in sessions
             developing and retaining a diverse workforce.
                                                                 to educate staff on the range of options and approach
             For 2022 we have updated our performance appraisal   to learning. We currently have  19 staff undertaking
             and development review process in order to encourage   apprenticeships; this number continues to grow and
             a more cyclical approach to performance and talent   it is very encouraging to see staff taking advantage of
             management, and a prompt to encourage talent        this way to improve their skills and career prospects.
             conversations. This will  help to ensure the talent pipeline
            for each directorate is underpinned by individual
             career conversations,  intentions and aspirations.]]></page><page Index="128"><![CDATA[104                                                                      Remuneration and staff report



       Gender pay gap
       In  March 2022,  in accordance with the requirements
                                                              What are we going to do?
       under the Equality Act 2010, we published
       our 2021  gender pay gap report. The report            We are committed to closing our gender pay gap,
       was published on the GOV.UK website.                   ensuring that the right approach and actions are
                                                              taken to appropriately address the areas where
       What are the key highlights of the
                                                              female staff are underrepresented. This approach
       2021 gender pay gap report?
                                                              can  be challenging and does not always provide
       •  Our 2021  gender median pay gap has decreased to    an  immediate improvement in the reported
         7%  compared to 9.1 %  in 2020. The decrease in the   figures.  It does, however, ensure that we are
         median  pay gap could  be in  part due to the removal of   closing the gap positively and to ensure longevity
         pay points across all pay bands as part of the Agenda   in terms of the diversity of our future workforce.
         for Change terms and conditions contract refresh.
                                                              We want female employees to be proportionately
       •  Our gender mean  pay gap has increased from 7.8%    represented across all  pay grades. We have already
         in 2020 to 8.4%. The report identifies a  number     identified and are working towards a  number
         of significant drivers behind our increased gender   of actions as part of our Equality, diversity and
         mean pay gap including sector and  role specific     inclusion strategy, which will support our aims
         considerations.  During the 2021  reporting year, we   to close the gender pay gap. We do recognise,
         employed  more females than males in assistant and   however, that there is more to do to close the
         administrative roles at band 4 within Claims and     gap. As such, we are exploring EDI  partnerships
         HR&OD.  In contrast,  male employees predominantly   to enable the expansion of our recruitment
         occupy roles within  Digital,  Data and Technology   campaigns. We will continue to promote and
         (DDaT). As these roles are in  high demand, they     embed the values and  behaviours framework
         are currently attracting a  recruitment and retention   across the organisation and into all of our policies
         premium.  In addition, the impact of the Covid-19    and  processes. We will also specifically address the
         pandemic on working women  has been widely           impact that the pandemic has had and  is having
         reported.  Having  reviewed our leaver metrics for the   on female employees,  by continuing to promote
         reporting  period, some of the reasons for leaving   and champion flexible working,  particularly
         reflect the concerns that female staff have been     part-time working for employees returning from
         more affected by the pandemic than male staff.       parental  leave or those with carer responsibilities.
       •  Our pay gap remains lower than the
         current UK pay gap of  15.4%.
       •  In common with the wider NHS, our workforce is
                                                           Workforce Race Equality Standard
         predominantly female; 64%  of our workforce is female.
                                                           and Workforce  Disability Equality
       •  Female employees received a higher amount of     Standard  reporting
         bonus pay compared to male employees.
                                                           It was confirmed  by the national team responsible for
       •  Over the  12-month  reporting  period, we appointed  Workforce Disability Equality Standard (WDES) that there
         1.5 times more females into senior roles than  males.  will be no official 2021  WDES collation for ALBs.  Similarly,
                                                           the national team responsible for Workforce Race
       •  While bands 7 to 8b are largely reflective of
                                                           Equality Standard (WRES) have been  unable to provide
         the organisation's profile, as in the 2020 report
                                                           an  update on the WRES 2020/21  data collation launch
         there was an upwards trend  in employing
                                                           and we have been advised by the team to pause until the
         more female staff in  band  5 during 2021.
                                                           2019/20 report is published. As such, we did  not report
       •  Although there has been an  increase of 5%  in   on WRES or WDES for the 2020/21  reporting  period.
         female employees in the upper middle earnings
         quartile, there has been a decrease in 2%  of
         female employees in the upper earnings quartile.]]></page><page Index="129"><![CDATA[NHS Resolution      Annual report and accounts 2021/22                                           105





             Parliamentary accountability


             and audit report


            The following  disclosures are subject to audit.


             Losses and special  payments                        Indemnity scheme cover for NHS Resolution
            We had losses of £129,586 in 2021/22.                For 2021/22,  NHS Resolution was covered  under both
             In 2020/21  we had losses of £3,710.                LTPS and  PES.
             Fees and charges                                    Remote contingent liabilities

             Contribution  levels for members of the indemnity   The judgements taken to place a value on the
             schemes that NHS  Resolution operates,  i.e.  the   provision and contingent liabilities (see Notes 7 and 8
             CNST,  LTPS and  PES, are determined  in order to meet   to the accounts) arising from the indemnity schemes
             members' liabilities as they fall due,  in accordance   that NHS Resolution operates do not include an
            with our accounting  policy at Note  1.3 to the      assessment for events that, at this point in time, are
             accounts on page  118. The contributions collected   too uncertain or remote to include. Therefore, there
             are set on a full cost recovery basis, and can  be   is no recognition of potential change in the value of
             seen  in  Note 3 to the accounts on  page  126.     the provision arising from policy developments,  in
                                                                 particular around efforts to improve safety in the NHS
             Expenditure on consultancy
                                                                 (other than through experience reflected in current and
             Expenditure incurred on consultancy in 2021/22 was nil.   past claims), and considerations relating to applying
             In 2020/21  the expenditure on consultancy was nil.  a limit to recoverable costs for lower value claims.

             Publicity and advertising                           Disclosures in relation to liabilities arising from the
                                                                 Covid-19 pandemic have been made in  Notes 7
             Publicity and advertising spend for the year was
                                                                 and 8 to the accounts.
             £95,590. This compares to £67,462  in 2020/21.
                                                                 I am satisfied that this Accountability report is a
             Regularity of expenditure -  gifts
                                                                 true and fair reflection of the work undertaken
            We have not received or made any gifts where
                                                                 by NHS Resolution throughout 2021/22.
            the value exceeded £300,000.  Staff are required
            to declare gifts in  line with  NHS  Resolution's
             Hospitality and  Gifts Policy and  Procedure (HR04).



                                                                 Helen Vernon
                                                                 Chief Executive and Accounting Officer
                                                                 Date:  14 July 2022]]></page><page Index="130"><![CDATA[106





       The certificate and  report of the


       Comptroller and Auditor General

       to the Houses of Parliament



       Opinion on financial statements
       I certify that I  have audited the financial  statements of the NHS  Litigation

       Authority (herein  referred to as NHS  Resolution) for the year ended
       31  March  2022  under the National  Health Service Act 2006.


       The financial statements comprise NHS  Resolution's:  Opinion on regularity

       •  Statement of Financial  Position as at 31  March 2022;  In my opinion,  in all  material respects, the income and
       •  Statement of Comprehensive Net Expenditure,      expenditure recorded in the financial statements have
         Statement of Cash  Flows and Statement of Changes   been applied to the purposes intended by Parliament
         in Taxpayers'  Equity for the year then ended; and  and the financial transactions recorded in the financial
                                                           statements conform to the authorities which govern them.
       •  the related notes including the significant
         accounting  policies.                             Basis for opinions
       The financial  reporting framework that has been applied   I conducted my audit in accordance with International
       in the preparation of the financial statements is applicable   Standards on Auditing UK (ISAs UK), applicable law
       law and UK adopted International Accounting Standards  and Practice Note  10 Audit of Financial Statements
       In my opinion, the financial statements:            of Public Sector Entities in the United Kingdom.  My
                                                           responsibilities under those standards are further
       •  give a true and fair view of the state of NHS
                                                           described in the Auditor's responsibilities for the audit
         Resolution's affairs as at 31  March 2022 and of its
                                                           of the financial statements section of my certificate.
         net expenditure for the year then ended; and
                                                           Those standards require me and my staff to comply with
       •  have been  properly prepared in accordance with
                                                           the Financial  Reporting Council's Revised Ethical Standard
         the National  Health Service Act and Secretary
                                                           2019.  I  have also elected to apply the ethical standards
         of State directions issued thereunder.
                                                           relevant to listed entities.  I am independent of NHS
       Emphasis of matter - provision for                  Resolution  in accordance with the ethical requirements
                                                           that are relevant to my audit of the financial statements
       Clinical Negligence Scheme for Trusts               in the UK.  My staff and I  have fulfilled our other ethical
                                                           responsibilities in accordance with these requirements.
       I draw attention to the disclosures made in Note 7 to
       the financial statements concerning the uncertainties   I believe that the audit evidence I have obtained is sufficient
       inherent in the claims provision for the Clinical Negligence   and appropriate to provide a basis for my opinion.
       Scheme for Trusts. As set out in Note 7, given the long
       term nature of the liabilities and the number and  nature
       of the assumptions on which the estimate of the provision
       is based, a considerable degree of uncertainty remains
       over the value of the liability recorded by NHS Resolution.
       Significant changes to the liability could occur as a result
       of subsequent information and events that are different
       from the current assumptions adopted by NHS  Resolution.
       My opinion is not modified in respect of this matter.]]></page><page Index="131"><![CDATA[NHS Resolution      Annual report and accounts 2021/22

















             Conclusions relating to going concern               Opinion on other matters

             In auditing the financial statements,  I have concluded   In my opinion the part of the Remuneration and Staff
            that NHS Resolution's use of the going concern basis   Report to be audited has been properly prepared in
            of accounting in the preparation of the financial    accordance with Secretary of State directions issued
            statements is appropriate.                           under the National  Health Service Act 2006, and that:
             Based on the work I have performed,  I have not identified   In my opinion, based on the work undertaken
            any material uncertainties relating to events or conditions   in the course of the audit:
            that,  individually or collectively, may cast significant
                                                                 •  the parts of the Accountability report subject to
            doubt on NHS Resolution's ability to continue as a going
                                                                   audit have been  properly prepared  in accordance
            concern for a period of at least twelve months from
                                                                   with Secretary of State directions made under
            when the financial statements are authorised for issue.
                                                                   the National  Health Service Act 2006;  and
             My responsibilities and the responsibilities of the
                                                                 •  the information given  in the  Performance and
            Accounting Officer with respect to going concern are
                                                                   Accountability reports for the financial year for
            described  in the relevant sections of this certificate.
                                                                   which the financial statements are prepared  is
            The going concern basis of accounting for NHS  Resolution   consistent with the financial statements and is in
             is adopted in consideration of the requirements set   accordance with the applicable legal  requirements.
            out in  HM Treasury's Government Financial  Reporting
             Manual, which require entities to adopt the going   Matters on which I report
            concern basis of accounting in the preparation of the   by exception
            financial statements where it is anticipated that the
            services which they provide will continue into the future.  In the light of the knowledge and understanding of NHS
                                                                 Resolution and its environment obtained in the course
             Other information                                   of the audit, I have not identified material misstatements
                                                                 in the Performance and Accountability reports.
            The other information comprises information included
                                                                 I have nothing to report in respect of the following
             in the annual report,  but does not include the financial
                                                                 matters which I report to you if, in my opinion:
            statements nor my auditor's certificate thereon. The
            Accounting Officer is responsible for the other information.   •  I  have not received all of the information and
             My opinion on the financial statements does not cover   explanations I  require for my audit; or
            the other information and except to the extent otherwise
                                                                 •  adequate accounting  records have not been
            explicitly stated in my certificate,  I do not express any
                                                                   kept by NHS  Resolution or returns adequate
            form of assurance conclusion thereon.  In connection with
                                                                   for my audit have not been  received from
             my audit of the financial statements, my responsibility is
                                                                   branches not visited  by my staff; or
            to read the other information and, in doing so, consider
            whether the other information is materially inconsistent   •  the financial statements and the parts of the
            with the financial statements or my knowledge obtained in   Accountability report subject to audit are not in
            the audit or otherwise appears to be materially misstated.  If   agreement with the accounting records and
             I identify such material inconsistencies or apparent material   returns; or
             misstatements,  I am required to determine whether this
                                                                 •  certain disclosures of remuneration specified  by HM
            gives rise to a material misstatement in the financial
                                                                   Treasury's Government Financial  Reporting  Manual
            statements themselves.  If,  based on the work I  have
                                                                   have not been  made or parts of the Remuneration
             performed,  I conclude that there is a material misstatement
                                                                   and Staff Report to be audited is not in agreement
            of this other information,  I am required to report that fact.
                                                                   with the accounting records and  returns; or
             I have nothing to report in this regard.
                                                                 •  the Governance Statement does not reflect
                                                                   compliance with  HM Treasury's guidance.]]></page><page Index="132"><![CDATA[108          The certificate and report of the Comptroller and Auditor General to the Houses of Parliament



       Responsibilities of the Accounting                  Identifying and assessing potential  risks
                                                           related to non-compliance with  laws
       Officer for the financial statements
                                                           and  regulations, including fraud
       As explained  more fully in the Statement of Accounting
                                                           In identifying and assessing risks of material misstatement
       Officer's Responsibilities, the Accounting Officer
                                                           in respect of non-compliance with laws and regulations,
       is responsible for:
                                                           including fraud, we considered the following:
       •  maintaining  proper accounting records;          •  the nature of the sector, control environment and
       •  the preparation of the financial statements and    operational performance including the design
         annual report in accordance with the applicable     of NHS Resolution's accounting  policies,  key
         financial  reporting framework and for being         performance indicators and  performance incentives.
         satisfied that they give a true and fair view;    •  inquiring of management,  NHS  Resolution's
                                                              Head of Internal Audit and those charged with
       •  ensuring that the Annual  report and accounts
                                                             governance,  including obtaining and  reviewing
         as a whole is fair, balanced and  understandable;
                                                             supporting documentation  relating to NHS
       •  internal controls as the Accounting Officer
                                                              Resolution's policies and  procedures relating to:
         determines is necessary to enable the preparation
                                                             -   identifying, evaluating and complying with
         of financial statement to be free from material
                                                                laws and  regulations and whether they were
         misstatement, whether due to fraud or error; and
                                                                aware of any instances of non-compliance;
       •  assessing  NHS Resolution's ability to continue as a
                                                             -   detecting and  responding to the risks of fraud
         going concern, disclosing, as applicable,  matters related
                                                                and whether they have knowledge of any
         to going concern and  using the going concern  basis of
                                                                actual, suspected or alleged fraud; and
         accounting  unless the Accounting Officer anticipates
         that the services provided  by NHS Resolution will  -   the internal controls established to mitigate risks
         not continue to be provided  in the future.            related to fraud or non-compliance with  laws and
                                                                regulations including NHS Resolution's controls
       Auditor's responsibilities for the                       relating compliance with the National  Health
       audit of the financial statements                        Service Act 2006, and  Managing Public Money.
                                                           •  discussing among the engagement team and
       My responsibility is to audit, certify and report
                                                              involving  relevant internal and external specialists,
       on the financial statements in accordance with
                                                              including actuarial and IT expertise regarding
       the National  Health Service Act 2006.
                                                              how and where fraud might occur in the financial
       My objectives are to obtain reasonable assurance about   statements and any potential indicators of fraud.
       whether the financial statements as a whole are free
                                                           As a  result of these procedures, I considered the
       from material misstatement, whether due to fraud or
                                                           opportunities and  incentives that may exist within  NHS
       error, and to issue a certificate that includes my opinion.
                                                           Resolution for fraud and  identified the greatest potential
       Reasonable assurance is a high level of assurance
                                                           for fraud  in the following areas:  recognition of revenue,
       but is not a guarantee that an audit conducted in
                                                           bias in  management estimates and posting of unusual
       accordance with ISAs (UK) will always detect a material
                                                           journals.  In common with all audits under ISAs (UK),
       misstatement when it exists.  Misstatements can arise
                                                           I am also required to perform specific procedures to
       from fraud or error and are considered material if,
                                                           respond to the risk of management override of controls.
       individually or in the aggregate, they could reasonably
       be expected to influence the economic decisions of   I also obtained an  understanding of NHS Resolution's
       users taken on the basis of these financial statements.  framework of authority as well as other legal and
                                                           regulatory frameworks in which NHS Resolution operates,
       Extent to which the audit was considered
                                                           focusing on those laws and  regulations that had a
       capable of detecting non-compliance with
                                                           direct effect on  material amounts and disclosures in the
       laws and regulations including fraud
                                                           financial statements or that had a fundamental effect
       I design procedures in line with my responsibilities,   on the operations of NHS  Resolution. The key laws and
       outlined above, to detect material misstatements in   regulations I considered  in this context included the
       respect of non-compliance with laws and regulation,   National Health Service Litigation Authority (Establishment
       including fraud. The extent to which my procedures   and Constitution) Order  1995, the National  Health Service
       are capable of detecting non-compliance with laws   Litigation Authority Regulations 1995, the National
       and regulations, including fraud is detailed below.  Health Service Act 2006, and  Managing Public Money.]]></page><page Index="133"><![CDATA[NHS Resolution      Annual report and accounts 2021/22                                           109



            Audit response to identified  risk                   Other auditor's responsibilities
            As a result of the above, the procedures I  implemented   I am required to obtain evidence sufficient to
            to respond to identified risks included the following:  give reasonable assurance that the income and
             •  reviewing the financial statement disclosures    expenditure reported in the financial statements
               and testing to supporting documentation to        have been applied to the purposes intended by
               assess compliance with  provision of relevant     Parliament and the financial transactions conform
               laws and  regulations described above as having   to the authorities which govern them.
               direct effect on the financial statements;        I communicate with those charged with governance
                                                                 regarding, among other matters, the planned
             •  enquiring of management, and the Audit
                                                                 scope and timing of the audit and significant audit
               and  Risk Committee concerning actual
               and  potential  litigation and claims;            findings, including any significant deficiencies in
                                                                 internal control that I  identify during my audit.
             •  reading and  reviewing minutes of meetings
               of those charged with governance and the          Report
               Board and  internal audit reports; and
                                                                 I have no observations to make on
             •  in addressing the risk of fraud through management   these financial statements.
               override of controls, testing the appropriateness
               of journal entries and other adjustments; assessing
               whether the judgements made in  making            Gareth Davies
               accounting estimates are indicative of a potential   Comptroller and Auditor General
               bias; and evaluating the business rationale of    Date:  18 July 2022
               any significant transactions that are unusual
               or outside the normal course of business.
                                                                 National Audit Office
             I also communicated relevant identified laws and
                                                                 157-197 Buckingham Palace Road
             regulations and potential fraud risks to all engagement
                                                                 Victoria,  London
            team members including internal specialists and
                                                                 SW1W9SP
             remained alert to any indications of fraud or non­
            compliance with laws and regulations throughout
            the audit. A further description of my responsibilities
            for the audit of the financial statements is located
            on the Financial Reporting Council's website at:
            www.frc.org.uk/auditorsresponsibilities. This
            description forms part of my certificate.]]></page><page Index="134"><![CDATA[]]></page><page Index="135"><![CDATA[NHS Resolution      Annual report and accounts 2021/22                                           111





                   Financial


                  statements]]></page><page Index="136"><![CDATA[112                                                                                Financial statements





       Statement of comprehensive net


       expenditure for the year ended


       31  March 2022






        Comprehensive net expenditure                         Notes             31  March   Restated' 31 March
                                                                                   2022                 2021

                                                                                   £000                 £000
        Other operating income                                    3           (2,525,620)         (2,309,526)
       Total operating income                                                 (2,525,620)         (2,309,526)

        Staff costs                                               2              33,445               26,446

        Purchase of goods and services                            2                7,042               6,247
        Depreciation and impairment charges                       2                 886                  934

        Provision expense                                         7           45,418,628             155,363

        Other operating expenditure                               2               2,830                1,813
       Total operating expenditure                                            45,462,831             190,803

        Net operating expenditure                                             42,937,211          (2,118,723)

        Finance expenditure                                       7              347,620             503,375
        Net expenditure for the year                                          43,284,831          (1,615,348)

        Comprehensive net expenditure for the year                            43,284,831          (1,615,348)

       The Notes on pages  118 to  156 form part of these financial statements.
































        The 2020/21  restatement is a decrease in the provision expense of £333  million to reflect a prior period adjustment for 2020/21
        in respect of the revaluation of the  known claims provision. See Note 7.4 for further details of the  revaluation.]]></page><page Index="137"><![CDATA[NHS Resolution      Annual report and accounts 2021/22                                           113





             Statement of financial  position


             as at 31  March 2022



             Statement of financial position  Notes                                   Restated1           Restated1
                                                             31 March 2022       31 March 2021          1April 2020

                                                                     £000                 £000                £000
             Non-current assets
             Property, plant and equipment                            858                1,289               1,407
             Trade and other receivables                             3,719               1,142               1,354
             Total non-current assets                               4,577                2,431               2,761
             Current assets
             Trade and other receivables        4                   18,117              16,328              27,560
             Cash and cash equivalents          5                 548,669              297,829              120,691
             Total current assets                                 566,786              314,157             148,251
             Total assets                                         571,363              316,588              151,012
             Current liabilities
             Trade and other payables           6                 (60,511)             (50,128)            (96,407)
             Provisions for liabilities and     7               (2,761,484)         (2,749,702)          (2,783,788)
             charges - known claims
             Total current liabilities                          (2,281,995)         (2,799,830)          (2,880,195)
             Total assets less current liabilities              (2,250,632)         (2,483,242)          (2,729,183)
             Non-current liaDilities
             Provisions for liabilities and     7              (61,500,568)        (39,667,626)         (37,523,835)
             charges - known claims
             Provisions for liabilities and     7             (64,288,000)         (42,825,000)        (46,536,000)
             charges - IBNR
             Total non-current liabilities                    (125,788,568)        (82,492,626)        (84,059,835)
             Total assets less liabilities                    (128,039,200)        (84,975,868)        (86,789,018)
             Taxpayers' equity
             General Fund                                           16,764               8,165               5,873
             Ex-RHA reserve                                       (76,013)             (62,451)            (65,457)
             ELS reserve                                        (1,536,350)          (1,135,862)         (1,305,942)
             CNST reserve                                     (120,007,174)        (78,756,404)        (80,383,206)
             DHSC clinical reserve                              (4,124,538)          (3,141,362)        (3,480,036)
             ELGP reserve                                               0             (457,482)          (1,000,437)
             ELSGP reserve                                      (1,100,864)           (421,168)                  0
             CNSGP reserve                                       (821,279)            (615,083)           (306,740)
             CNSC reserve                                         (92,362)             (79,098)                  0
             CTIS reserve                                          (2,085)              (2,006)                  0
             DHSC non-clinical reserve                            (132,741)           (111,635)           (101,309)
             PES reserve                                            3,007                1,757              (5,850)
             LTPS reserve                                        (165,565)            (203,239)           (145,914)
             Total taxpayers' equity                          (128,039,200)        (84,975,868)        (86,789,018)


             The current and  non-current liabilities provisions for liabilities and charges -  known claims have been increased by £2,790 million
              and  £2,457 million  respectively, to reflect a prior period adjustment as at  1 April 2020 and 31  March 2021  in  respect of the

              revaluation of the  known claims provision. See Note 7.4 for further details of the  revaluation.]]></page><page Index="138"><![CDATA[114                                                                                Financial statements





       The General  Fund and individual scheme reserves
       are used to account for all financial  resources.
       See the Understanding our indemnity schemes
       section  in the appendix for a  brief description of
       each scheme to which the reserves relate.
       The Board approved a  recommendation on  12 July 2022
       that the financial statements from page  111  should be
       signed by the Accounting Officer and these were signed
       by Helen Vernon on  14 July 2022.  The Notes on pages
       118-1 56 form  part of these financial statements.







       Helen Vernon
       Chief Executive and Accounting Officer
       Date:  Thursday  14 July 2022]]></page><page Index="139"><![CDATA[NHS Resolution      Annual report and accounts 2021/22                                           115





             Statement of cash flows for the


            year ended 31  March 2022



             Cash flows                                            Notes         31 March 2022            Restated1
                                                                                                      31 March 2021
                                                                                         £000                 £000
             Cash flows from operating activities

             Net expenditure                                                       (43,284,831)           1,615,348
             Other cash flow adjustments                             2                    886                  982
             (lncrease)/decrease in receivables                      4                  (1,789)              11,232

             Increase/fdecrease) in payables                         6                  10,383             (46,279)
             Increase/fdecrease) in provisions                       7              43,307,723           (1,601,295)
             Net cash inflow/(outflow) from operating activities                        32,372             (20,012)

             Cash flows from investing activities
             Purchase of property, plant and equipment                                    (43)                (488)
             Purchase of intangible assets                                              (2,989)               (164)

             Net cash inflow/(outflow) from investing activities                        (3,032)               (652)
             Cash flows from financing activities
             Net Parliamentary funding                                                 221,500              197,802
             Net financing                                                             221,500              197,802

             Net increase in cash and cash equivalents                                 250,840              177,138
             Cash and cash equivalents at the beginning of the period                  297,829              120,691
             Cash and cash equivalents at the end of the period      5                 548,669             297,829

            The Notes on pages  118-1 56 form  part of these financial statements.
































             The 2020/21  restatement is a decrease in the provision expense of £333  million to reflect a prior period adjustment for 2020/21
              in respect of the revaluation of the  known claims provision. See Note 7.4 for further details of the  revaluation.]]></page><page Index="140"><![CDATA[116                                                                                Financial statements





       Statement of changes in taxpayers equity


       for the year ended 31  March 2022






        Changes in taxpayers      Notes     General    Ex-RHA         ELS        CNST       DHSC        ELGP
        equity                                Fund     Reserve    Reserve      Reserve     clinical  Reserve
                                                                                          Reserve

                                             (£000s     (£000s)    (£000s)     (£000s)     (£000s)    (£000s)


       Restated1balance
                                              5,873     (65,457)  (1,305,942)  (80,383,206)  (3,480,036)  (1,000,437)

       at 1April 2020
       Changes in taxpayers equity for 2020/21
       Restated net expenditure
                                             (5,381)     2,006     140,080    1,626,802    253,674    473,826
       for the year
       Restated total recognised
       income and expense                       492     (63,451)  (1,165,862)  (78,756,404)  (3,226,362)  (526,611)
       as at 2020/21

       Net Parliamentary funding              7,673       1,000     30,000           0      85,000     69,129

       Restated1balance at
                                              8,165    (62,451)  (1,135,862)  (78,756,404)  (3,141,362)  (457,482)
       31 March 2021
       Changes in taxpayers equity for 2020/21 Transfer between schemes


       Transfer between schemes                  0           0          0            0          0     (25,153)

       Expenditure

       Authority and claims
                                   2         (6,736)        (1)       (57)     (23,304)      (264)         0
       administration
       (lncrease)/decrease in
                                   7             0     (20,840)   (397,286)  (22,282,207)  (1,034,593)  193,635
       provision for known claims
       (lncrease)/decrease in
                                   7             0       6,000     (35,000)  (21,404,000)  (29,000)   289,000
       the provision for IBNR

                                             (6,736)    (14,841)  (432,343)  (43,709,511)  (1,063,857)  482,635

       Income

       Scheme and other income     3            935          0          0     2,458,741         0          0

       Total recognised income
                                             (5,801)    (14,841)  (432,343)  (41,250,770)  (1,063,857)  482,635
       and expense for 2021/22
       Net Parliamentary funding2            14,400       1,279     31,855           0      80,681         0

       Balance at 31 March 2022              16,764     (76,013)  (1,536,350)  (120,007,174)  (4,124,538)  0



       1The balance of reserves at  1 April  2020 and  31  March  2021  have been  increased  by £2,790  million and  £2,457  million  respectively to  reflect a  prior


        period adjustment  for 2020/21  in  respect of the revaluation of the  known claims provision.  See  Note 7.2  for further details of the  revaluation.
       2  The  net Parliamentary funding  represents the cash  drawdown of £221.5  million  in  2021/22 for DHSC-funded  indemnity
        schemes and administration  costs. The  Notes on  pages  118-156 form  part of these financial statements.]]></page><page Index="141"><![CDATA[NHS Resolution      Annual report and accounts 2021/22

















                  ELSGP      CNSGP       CNSC        CTIS  DHSC non­         PES       LTPS                  Total
                Reserve     Reserve    Reserve                 clinical   Reserve   Reserve               Reserves
                                                              Reserve

                 (£000s)    (£000s)     (£000s)    (£000s)    (£000s)     (£000s)    (£000s)                (£000s)

                      0    (306,740)         0          0     (101,309)    (5,850)  (145,914)            (86,789,018)





                (421,168)  (308,343)    (79,098)    (2,006)   (15,326)      7,607    (57,325)              1,615,348



                (421,168)   (615,083)   (79,098)    (2,006)   (116,635)     1,757   (203,239)            (85,173,670)



                      0           0          0          0       5,000          0          0                 197,802

                (421,168)  (615,083)    (79,098)    (2,006)   (111,635)     1,757   (203,239)           (84,975,868)





                  25,153          0          0          0           0          0          0                      0




                  (5,536)    (3,029)      (236)       (79)       (124)       (97)     (4,740)               (44,203)


                (635,499)   (58,981)      (128)         0      (13,167)    (8,660)   (45,523)           (24,303,249)


                (147,000)   (147,000)   (13,000)        0     (15,000)      1,000     31,000            (21,463,000)


                (788,035)  (209,010)    (13,364)      (79)    (28,291)     (7,757)   (19,263)            (45,810,452)




                      0           0          0          0           0       9,007     56,937              2,525,620


                (788,035)  (209,010)    (13,364)      (79)    (28,291)      1,250     37,674            (43,284,832)

                  83,186      2,814        100          0        7,185         0          0                 221,500

               (1,100,864)  (821,279)   (92,362)    (2,085)   (132,741)     3,007   (165,565)          (128,039,200)]]></page><page Index="142"><![CDATA[118                                                                                Financial statements



       Notes to the accounts


       1.    Accounting policies                           The following have not been adopted
                                                           early in these accounts:
       The financial statements have been  prepared  in
       accordance with the 2021/22  Government Financial   •  IFRS 16 Leases
       Reporting  Manual (FReM) issued  by FIM Treasury.   The effective date is for accounting periods
       The accounting  policies contained  in the FReM apply   beginning on or after  1 January 2019,  but this has

       International Financial  Reporting Standards (IFRS) as   been deferred  in an  update to the FReM due to
       adapted or interpreted for the public sector context.   Covid-19, with a  new effective date for accounting
       Where the FReM  permits a choice of accounting      periods beginning on or after  1 April 2022.

       policy, the accounting  policy that is judged most

                                                           From  1 April 2022,  leases currently classified as
       appropriate to the particular circumstances of NFIS
                                                           operating leases will  be added into the statement
       Resolution for giving a true and fair view has been
                                                           of financial  position,  recognising  right-to-use lease
       selected. The particular policies adopted by NFIS
                                                           assets and  lease liabilities, and as a consequence
       Resolution are described  in the following text. They
                                                           recognising depreciation of the right-of-use
       have been applied consistently in dealing with  items
                                                           assets and  interest on the lease liabilities.
       that are considered  material to the accounts.
                                                           This standard  is not anticipated to have future material
       The accounts are presented  in  pounds sterling and all
                                                           impact on the financial statements of NFIS  Resolution.
       values are rounded to the nearest thousand  pounds. The
       functional currency of NFIS  Resolution  is pounds sterling.  •  IFRS 17 Insurance Contracts
       1.1.   Accounting conventions                       The effective date is for accounting periods beginning
                                                           on or after  1 January 2021,  but not adopted  by the

       These accounts are prepared  under the historical cost

                                                           FReM with an expected adoption date from  1 April
       convention,  modified to account for the revaluation
                                                           2023.  NFIS  Resolution's assessment is that IFRS  17 will
       of property,  plant and equipment and  intangible
                                                           not be applicable to the schemes it operates and so is
       assets where material, at their value to the business
                                                           not anticipated to have an  impact on the accounts.
       by reference to current cost. This is in accordance with
       directions issued  by the Secretary of State for Health   None of these new or amended standards and
       and Social Care and approved  by FIM Treasury.      interpretations are anticipated to have future material
                                                           impact on the financial statements of NFIS  Resolution.
       1.2.  Early adoption of standards,
            amendments and interpretations                 1.3.  Income
       NFIS  Resolution  has not adopted any IFRS,         A source of funding for NFIS  Resolution as a Special
       amendments or interpretations early.                Health Authority is a  Parliamentary grant from DFISC
                                                           within an approved cash  limit, which is reported within
       Standards, amendments and interpretations
                                                           the Statement of Changes in Taxpayers'  Equity. This
       in issue but not yet effective or adopted
                                                           funds the ELS,  Ex-RFIA, DFISC  clinical and  non-clinical
       International Accounting Standard 8, accounting     liabilities schemes, CNSC  and CTIS (the Covid-19
       policies, changes in accounting estimates and       schemes created in 2020/21), the additional costs of
       errors,  requires disclosure in  respect of new IFRS,   the personal  injury discount rate arising from the change
       amendments and  interpretations that are, or        in the rate announced by the Lord Chancellor in  March
       will  be, applicable after the accounting period.   2017, and some administration costs.  In addition,
       There are a number of IFRS, amendments and          from  1 April 2019,  NFIS  Resolution received funding

       interpretations issued  by the International Accounting   from NFIS  England via DFISC for the administration of
       Standards Board. These are effective for financial   general  practice indemnity arrangements,  as directed
       statements after this accounting period.            by the Secretary of State.  Parliamentary funding  is
                                                           recognised  in the financial  period  in which  it is received.

                                                           The operating income disclosed  in  Note 3 to the
                                                           accounts is that which  relates directly to the operating
                                                           activities of NFIS  Resolution.  NFIS  Resolution currently
                                                           has the following  income streams, the accounting
                                                           treatment of which  have been assessed against the
                                                           requirements of IFRS  15  Revenue Recognition:]]></page><page Index="143"><![CDATA[NHS Resolution      Annual report and accounts 2021/22







             •  Revenue from contracts with customers in  relation   1.4.  Taxation
               to indemnity schemes:  NHS Resolution  receives
                                                                 NHS Resolution  is not liable to pay corporation tax.
               contributions for the provision of indemnity cover
                                                                 Expenditure is shown  net of recoverable VAT.  Irrecoverable
               for the CNST,  LTPS and  PES schemes. The authorising
                                                                 VAT is charged to the most appropriate expenditure
               legislation for these schemes gives the right to collect
                                                                 heading or capitalised if it relates to an asset.
               these contributions. This is deemed,  per the FReM
               adaptation of IFRS  15, to constitute a contractual   1.5.  Pensions
               arrangement between  NHS Resolution and  its scheme
                                                                 NHS Resolution offers two pension schemes
               members. The period of cover is annual, commencing
                                                                 to staff, the NHS Pension scheme and the
               on  1 April each year (contracts do not span financial

                                                                 National  Employment Savings Trust (NEST).
               years).  Invoices are raised yearly, quarterly, over
               ten  months and  monthly.  Revenue is recognised   NHS Pension scheme
               in our accounts in equal  monthly instalments over   The provisions of the NHS Pensions scheme cover past
               the term of the yearly contract, as and when  NHS   and  present employees.  Details of the benefits payable
               Resolution's performance obligations are fulfilled.  under these provisions can  be found on the NHS Pensions

             •  Revenue from contracts in  relation to professional   website at www.nhsbsa.nhs.uk/pensions. The NHS
               services:  Invoices are raised either yearly or quarterly   Pension scheme is a defined benefit scheme, which
               as per the contract.  Regardless of the timing on   is not designed to be run in a way that would enable
               raising  invoices for payment, we recognise revenue   NHS bodies to identify their share of the underlying
               in equal instalments over the accounting year,  as   scheme assets and liabilities. Therefore, each scheme
               and when  performance obligations are fulfilled.  is accounted for as if it were a defined contribution
                                                                 scheme: the cost to the NHS body of participating in
             •  Revenue from contracts in  relation to training courses:
                                                                 each scheme is taken as equal to the contributions
               We recognise revenue in this category only once the
                                                                 payable to that scheme for the accounting period.
               training  has taken  place, that being the point at which
               NHS  Resolution's performance obligations are fulfilled.  There are two NHS pension schemes: the  1995/2008
                                                                 scheme and the 201 5 scheme. The employer
             NHS  Resolution introduced the  Maternity Incentive
                                                                 contribution rate for the period  1 April 2019 to 31

            Scheme (MIS) to support the delivery of safer
                                                                 March 2023  is 20.68%  of pensionable pay for both
             maternity care through the introduction of an
                                                                 the  1995/2008 scheme and the 201 5 scheme. The
             incentive element to contributions to the Clinical
                                                                 employer contribution  rate is set through a  process
             Negligence Scheme for Trusts (CNST).
                                                                 known as the scheme valuation. A scheme valuation
            Where a trust has successfully demonstrated achievement   is carried out every four years and  it measures the full
            against the ten safety actions,  it will  recover its element   cost of paying  pension  benefits to current pensioners.
            of CNST contribution that went into the maternity
                                                                 The most recent 2016 scheme valuation  identified
             incentive fund,  plus a share of any unallocated
                                                                 the need to increase the employer contribution
            funds. Trusts unable to demonstrate achievement of
                                                                 from  14.3% to 20.68%  (including a  levy of 0.08%
            the ten actions may be able to recover a lesser sum
                                                                 for scheme administration) from  1 April 2019. The

            from the fund to help them achieve the actions.
                                                                 expected contribution for 2022/23  is £5.9 million.
            As NHS Resolution  is not deemed a customer in this
            arrangement, the monies received from the scheme
            are considered out of scope of IFRS  15.  Instead
            they are treated as per IAS  1,  in that the receipts of
            funds are offset against the cost of the scheme.
            The scheme was paused for the financial year
            2020/21  due to the pandemic as we did not wish
            to add an additional  burden to trusts responding to
            Covid-19 via recording requirements at the same
            time. Year three of the scheme was later launched
             in October 2020 with collection of funds from
            April 2021  with  redistribution later in the 2021/22
            financial year alongside the final evaluation of the
             performance of NHS trusts in delivering the actions.]]></page><page Index="144"><![CDATA[120                                                                                Financial statements



       NEST                                                The transfer of the claims previously managed  by MDDUS
                                                           (an  MDO) happened on 6 April 2020; these liabilities
       The Pensions Act 2008 and 2011  Automatic Enrolment
                                                           have been accounted for under the  Existing  Liabilities
       regulations required all employers to enroll workers
                                                           Scheme for General  Practice (ELSGP) in the 2020/21  and
       meeting certain criteria into a  pension scheme and
                                                           subsequent accounts.  Claims previously managed by MPS
       pay contributions toward their retirement.  For those
                                                           (an  MDO) were accounted for under Existing  Liabilities for
       staff not entitled to join the NHS  Pension scheme,  NHS
                                                           General  Practice (ELGP) in 2020/21. The claims previously
       Resolution  used an alternative pension scheme called
                                                           managed  by MPS transferred to NEIS Resolution on
       NEST to fulfil its Automatic Enrolment obligations.

                                                           1 April 2021  and are accounted for under ELSGP in
       NEST is a defined contribution pension scheme       2021/22.  CNSGP and  ELSGP are accounted for under IAS
       established by law to support the introduction of   37,  in  line with the treatment of other NEIS  Resolution
       Automatic Enrolment.  Contributions are taken from   indemnity schemes.  ELGP,  ELSGP and CNSGP are funded
       qualifying earnings, which for the tax year 2021/22   out of the budget for the NEIS managed  by NEIS England,
       were £6,240 up to £50,270. Total contributions      which comes to NEIS Resolution via DEISC financing.
       are 9%, with employee contributions at 5%,
                                                           In  relation to the transfer of assets and  liabilities to the
       employer contributions at 3%  and  Government
                                                           DEISC  Group from the  MDOs, these are accounted for
       contributions (basic tax relief) at  1%.  More details

                                                           under IFRS 3  Business Combinations. This requires the
       on  NEST can  be found on the NEST website www.
                                                           subsequent measurement of assets and  liabilities acquired
       nestpensions.org.uk/schemeweb/nest/aboutnest.
                                                           in accordance with other applicable IFRS.  NEIS Resolution
       1.6.  Short-term employee benefits                  has a  management and oversight role in  relation to
                                                           in-scope claims, flowing from the directions from
       Salaries, wages and employment-related  payments
                                                           DEISC, and accounts for these liabilities under IAS 37.
       are recognised in the period  in which the service
       is received from employees.  Leave that has         NEIS  Resolution does not consider that any of our
       been earned but not taken at the year-end  is       indemnity schemes or management and oversight of
       not accrued on the grounds of materiality.          General  Practice claims fall  under the definition of an
       1.7.  Provisions and contingent liabilities         insurance contract as per IFRS 4 Insurance Contracts.
                                                           This is because significant insurance risk is passed back
       NEIS Resolution  provides for legal or constructive   to the members of risk-pooling schemes through annual
       obligations that are of uncertain timing or amount   contributions, to the GP Contract funding held by NEIS
       at the balance sheet date on the basis of the best   England transferred via DEISC  as provision of financing,
       estimate of the expenditure required to settle the   or directly to DEISC  through the provision of financing.
       obligation. Where the effect of the time value of
                                                           The difference between the gross value of claims
       money is significant, the estimated cash flows are
                                                           and the probable cost of each claim as calculated
       discounted using  HM Treasury's nominal discount rate.
                                                           above is also discounted, taking  into account
       Nominal discount rates are applied to general       the likely time to settlement, and  is included  in
       provisions, in accordance with the Financial  Reporting   contingent liabilities as set out in Note 8.
       Advisory Board (FRAB) recommendation in 2017.
                                                           Resolution of claims is difficult to predict as many
       The ELS,  Ex-RHA, CNSC, CTIS and DHSC  clinical and
                                                           factors can  lead to delay during the settlement and/
       non-clinical schemes are funded by DEISC, CNST,  LTPS
                                                           or resolution  process; and emerging evidence can
       and  PES from member contributions, and the accounts
                                                           alter valuation. Accordingly NEIS Resolution  makes a
       for the schemes are prepared in accordance with  IAS 37.
                                                           best estimate regarding the likely year of settlement
                                                           and expected value against each  notified claim.
                                                           These estimates are reviewed throughout the life
                                                           of the claim and amended to reflect variations in
                                                           expectations, which  inevitably alter the value provided.]]></page><page Index="145"><![CDATA[NHS Resolution      Annual report and accounts 2021/22                                           121



             1.8.  Financial  assets                             1.10.  Critical judgements and key sources
                                                                       of estimation  uncertainty
            The simplified approach to impairment,  in accordance
            with  IFRS 9,  measures the loss allowance for trade   In the application of NFIS  Resolution's accounting  policies,
             receivables, contract assets and  lease receivables at an   which are described elsewhere in  Note  1, the directors are
            amount equal to lifetime expected credit losses (stage   required to make judgements, estimates and assumptions
             1).  For other financial assets, the loss allowance is   about the carrying amounts of assets and  liabilities that
             measured at an amount equal to lifetime expected credit   are not readily apparent from other sources. The estimates
             losses if the credit risk on the financial instrument has   and associated assumptions are based on  historical
             increased significantly since initial recognition (stage 2).  experience and other factors that are considered to be
                                                                 relevant. The judgements that have the most significant
             DHSC  provides a guarantee of last resort against
                                                                 effect on the amounts recognised  in the financial
            the debts of its arm's length  bodies and  NFIS bodies
                                                                 statements relate to the calculation of the provisions for
            and as such  NFIS  Resolution does not recognise
                                                                 known claims and for IBNR,  as explained  in  Note 7.2.

            stage  1 or stage 2  losses against these bodies.
                                                                 1.11.  IFRS 8 -  operating segments
             For financial assets that have become credit impaired
            since initial recognition (stage 3),  NFIS  Resolution   NFIS  Resolution  has one reportable segment
             measures expected credit losses at the reporting date as   under IFRS 8:  income and expenditure are
            the difference between the asset's gross carrying amount   separated into different scheme types in the
            and the present value of the estimated future cash flows   Statement of Changes in Taxpayers' Equity.
            discounted at the financial asset's original effective
             interest rate. Any adjustment is recognised  in  profit or
             loss as an  impairment gain or loss.  In the current year,
            following  review of NFIS  Resolution debts, we have not
             recognised any expected credit loss (nil in 2020/21).
             1.9.  Financial  liabilities
             Financial liabilities are recognised  in the Statement of
             Financial  Position when  NFIS  Resolution becomes a  party
            to the contractual provisions of the financial  instrument
            or,  in the case of trade payables, when the goods or
            services have been  received.  Financial liabilities are
            de-recognised when the liability has been discharged;
            that is, the liability has been  paid or has expired.
             Financial liabilities are initially recognised at fair value.]]></page><page Index="146"><![CDATA[122                                                                                Financial statements



       2.    Expenditure


         Expenditure                                           Notes             2021/22   Restated12020/21

                                                                                  (£000s)            (£000s)

         Non-executive members' remuneration1                                        129                 135
                                            2

        Other salaries and wages3
           Salaries and wages                                                     26,549              20,718

           Social security costs                                                    2,741              2,237

           Pension costs                                                           4,034               3,407

           Apprenticeship levy                                                       121                 84

         Education, training and conferences                                         118                 46

         Establishment expenses                                                     1,061               456

         Hire and operating lease rental4

           Land and buildings                                                        730               1,516

           Lease cars                                                                  4                   7
           Photocopiers                                                                0                   0

           Franking machine                                                            0                   0

           Vending machine                                                             0                 (13)

         Insurance                                                                   211                222

        Transport (business travel)                                                   22                  11

         Premises and fixed plant                                                  4,395               3,545

         External contractors

           Actuary's advice                                                         1,322               993

           Primary Care Appeals advisory expenditure                                  29                  21









       4   Building  lease costs reduced  due to  release of historical accruals  upon  reconciliation of costs with  Government Property Agency.







       1The 2020/21  restatement  reflects a  prior period adjustment for 2020/21  in  respect of the  revaluation of the  known claims provision. The  impact

        is a  reduction  in the  increase  in  provision for known  claims for 2020/21  of £333  million.  See  Note 7.4 for further details of the  revaluation.
       2  Additional explanations can  be found  in  Remuneration and staff  report  in the Accountability report section.
       3  Additional explanations can  be found  in  Remuneration and staff  report  in the Accountability report section.
       4  Building  lease costs reduced  due to  release of historical accruals  upon  reconciliation of costs with  Government Property Agency.]]></page><page Index="147"><![CDATA[NHS Resolution      Annual report and accounts 2021/22                                           123







              Expenditure continued                               Notes                2021/22            2020/21
                                                                                        (£000s)            (£000s)

                 Consultancy                                                                 0                  0

                 External corporate legal fees5                                            188                165
                 Practitioner Performance Advice                                           182                 97
                 assessment expenditure

                 Practitioner Performance Advice                                             0                  0
                 professional services

                 Other                                                                    1,156               508
              Auditor's remuneration: audit fees6                                          250                225

              Internal audit fees                                                           63                 68

              Bank charges and interest                                                     13                 10

                                                                                        43,317             34,458

              Depreciation                                                                 454                558

              Amortisation                                                                 376                376

              Loss on disposal                                                              20                 48

              Impairment                                                                    36                  0

                                                                                           886                982
                                                                                        44,203             35,440

              Other finance costs - unwinding of discount         7                    347,620            503,375

              Increase in provision for known claims              7                   6,174,216          3,828,662
              (excl. unwinding of discounts and
              change in discount rate)

              Change in the discount rate7                        7                 42,623,207            228,701

              lncrease/(decrease) in the provision for IBNR       7                 (3,378,795)        (3,902,000)

                                                                                    45,766,248            658,738

              Total expenditure8                                                    45,810,452             694,178










            5  External  corporate  legal fees do  not  include  legal fees in  relation to clinical and  non-clinical  claims. These costs are  included within  Note 7  Provisions.
            6  NHS  Resolution  did  not  make any payments to  its auditors for non-audit work.
            7  The discount rates  used are  mandated  by HM Treasury and are set out at Note 7.3 to the accounts.
            s  Of the  £44.2  million total  expenditure for 2021/21,  £5.5  million  is shown as administration  expenditure  in  DHSC  consolidated  group accounts.]]></page><page Index="148"><![CDATA[124                                                                                Financial statements



       2.1   Analysis of the provision expense


        2021/22             Ex-RHA          ELS       CNST        DHSC         ELGP       ELSGP       CNSGP
                                                                 clinical
                              £000        £000         £000        £000        £000        £000         £000

        2021/22 incidents

         Known claims            0           0       67,880           0           0           0         1,136

         IBNR                    0           0    13,216,979          0           0           0      339,523

        Total 2021/22            0           0    13,284,859          0           0           0      340,659

         Prior years incidents
         Known claims        20,840     397,286   22,214,328   1,034,592          0      441,864      57,845

         IBNR                (6,000)     35,000    8,187,021     29,000           0     (142,000)   (192,523)

        Total prior years    14,840     432,286   30,401,349   1,063,592          0      299,864    (134,678)

        Total                14,840     432,286   43,686,208   1,063,592          0      299,864     205,981





        2021/22                CNSC           CTIS        DHSC           LTPS          PES             Total
                                                     non-dinical
                                £000         £000          £000         £000          £000              £000

        2021/22 incidents
         Known claims             72            0            39         6,344         6,053           81,524

         IBNR                 15,000            0             0        49,913         2,631        13,624,046

        Total 2021/22         15,072            0            39        56,257        8,684         13,705,570

         Prior years incidents

         Known claims             55            0         13,128       39,179         2,607        24,221,724

         IBNR                 (2,000)           0         15,000      (80,913)       (3,631)        7,838,954

        Total prior years     (1,945)           0         28,128      (41,734)       (1,024)       32,060,678
        Total                  13,127           0         28,167       14,523         7,660        45,766,248]]></page><page Index="149"><![CDATA[NHS Resolution      Annual report and accounts 2021/22                                           125







              2020/21             Ex-RHA         ELS     Restated       DHSC         ELGP       ELSGP       CNSGP
                                                            CNST       clinical
                                    £000        £000        £000         £000        £000        £000        £000

              2020/21  incidents

              Known claims             0           0       42,339          0            0           0        1,722

              IBNR                     0           0    7,896,441          0            0           0      322,920

              Total 2020/21            0           0    7,938,780          0            0           0      324,642

              Prior years incidents
              Known claims           (19)    (86,299)   4,308,866     (27,418)   (150,826)    226,081       13,323

              IBNR                (2,000)    (54,000)  (11,648,441)  (227,000)   (323,000)     191,000     (30,920)

              Total prior years   (2,019)    (140,299)  (7,339,575)  (254,418)   (473,826)     417,081     (17,597)

              Total               (2,019)    (140,299)    599,205    (254,418)   (473,826)     417,081     307,045





              2020/21                CNSC          CTIS         DHSC          LTPS           PES      Restatement1
                                                           non-dinical                                       Total
                                     £000          £000          £000         £000          £000             £000

              2020/21  incidents
              Known claims              0             0            21         5,264        2,213            51,559

              IBNR                  79,000         1,500            0        94,649        2,930         8,397,440

              Total 2020/21         79,000         1,500           21        99,913         5,143        8,448,999

              Prior years incidents

              Known claims              0             0          7,150       29,125       (1,805)         4,318,178

              IBNR                      0           500         8,000       (19,648)      (2,930)       (12,108,439)

              Total prior years         0           500        15,150         9,477       (4,735)        (7,790,261)
              Total                 79,000        2,000         15,171      109,390          408           658,738




















             The provision  expense  has been  increased  by  £2,457  million to reflect a  prior period adjustment for 2020/21  in  respect
              of the  revaluation of the  known  claims provision.  See  Note 7.4 for further details of the  revaluation.]]></page><page Index="150"><![CDATA[126                                                                                Financial statements



       Explanatory note
       Note 2.1  provides an analysis of the provision expense   The prior year's incidents figures show the changes in
       charged to the Statement of Net Comprehensive       provisions that have been  recognised  in previous reporting
       Expenditure in the reporting year.  The cost of     years.  In 2021/22 this was an  increase of £32.061  billion
       claims arising from incidents occurring in 2021/22   across all schemes, which has been affected by the
       totals £13.706 billion across all schemes. This     change in the HM Treasury long term discount rates
       compares to £8.449 billion  in 2020/21.             as described  in the Finance report at pages 55 to 63.
       The estimated cost of incidents arising from the clinical   The approach taken to valuing the
       activity in 2021/22 covered  by the largest scheme,   provision  is shown  in  Note 7.2.
       CNST, was £13.3  billion. This figure is materially higher
       than the £7.9 billion  reported  in 2020/21  reflecting:

       •  the change in the  HM Treasury long term
         discount rates, which places a much  higher
         value on projected claims costs; and
       •  the assumption that clinical activity would  have
         increased  in 2021/22 compared with 2020/21
         where activity would  have been  impacted  by the
         pandemic. We estimate that the annual cost of
         incidents would  have been  £8.7 billion without
         the impact of the change in discount rates.




       3.   Operating income


        Operating income                                                        2021/22             2020/21
                                                                                   £000                £000
        CNST contributions                                                     2,458,741           2,243,740

         LTPS contributions                                                      56,937               56,956

         PES contributions                                                        9,007                8,071

         Practitioner Performance Advice                                            935                 759

        Total                                                                  2,525,620           2,309,526]]></page><page Index="151"><![CDATA[NHS Resolution      Annual report and accounts 2021/22                                           127



            4.    Receivables


              Receivables        Ex-RHA        ELS      CNST      DHSC       ELGP      ELSGP     CNSGP       CNSC
                                                                 clinical

                                   £000       £000      £000       £000       £000      £000       £000      £000

              NHS receivables         0          0         41         0          0         0          0         0
              - revenue

              Accrued income          0          0          0         0          0         0          0         0

              Prepayments            40        948        876      2,067         0         0          0         0

              VAT                     0          9      5,781        56          0       494         77        12

              Other receivables       0        350      2,902         4        226         0          0         0

              Total                  40       1,307     9,600      2,127       226       494         77        12



              Receivables           CTIS     DHSC         PES      LTPS     Admin            Total           Total
                                              non-                                        31  March       31  March
                                            dinical                                          2022            2021
                                   £000       £000      £000       £000       £000           £000            £000
              NHS receivables         0          0        49       2,003        43           2,136           3,767
              - revenue

              Accrued income          0          0          0         0         23             23               0

              Prepayments             0          0          0         0       1,188          5,119           4,486
              VAT                     0         23          9       302        355            7,118          3,851

              Other receivables       0          0          2        74        163           3,721           4,224

              Total                   0         23         60      2,379     1,772          18,117          16,328]]></page><page Index="152"><![CDATA[128                                                                                Financial statements



       5.   Cash and cash equivalents


        Cash and cash equivalents        Ex-RHA             ELS          CNST          ELSGP          CNSGP



                                           £000           £000           £000            £000           £000

        At 1  April 2021                     100         35,208        192,279            100            100

        Change during the year                13          2,558        228,159              0              0

        At 31  March 20221                   113         37,766        420,438            100            100



        Cash and cash equivalents            PES           LTPS         Admin           Total          Total
                                                                                     31  March      31  March
                                                                                         2022           2021
                                           £000           £000           £000            £000           £000

        At 1  April 2021                  10,978         53,400          5,664        297,829        120,691

        Change during the year             4,761          8,921          6,428        250,840         177,138
        At 31  March 20221                15,739         62,321         12,092        548,669        297,829





















































        All cash  balances are  held  in  Government  Banking  Service accounts.]]></page><page Index="153"><![CDATA[NHS Resolution      Annual report and accounts 2021/22                                           129



             6.  Trade payables and other current liabilities


              Trade payables           Ex-RHA         ELS      CNST       DHSC       ELSGP      CNSGP       CNSC
                                                                         clinical

                                         £000        £000       £000       £000       £000       £000        £000

              NHS payables revenue           0          0        543          0           0          0          0

              Prepaid income                 0          0     14,362       1,320          0          0          0

              Accruals                       0          6     23,358        533        653         108          1
              Other payables                 0        351      12,765       668        273          11          0

                                             0        357     51,028       2,521       926         119          1



              Trade payables              CTIS      DHSC         PES       LTPS      Admin       Total       Total
                                                     non-                                     31  March  31  March
                                                   dinical                                        2022       2021
                                         £000        £000       £000       £000       £000        £000       £000

              NHS payables revenue           0          0        170         80         34         827        152
              Prepaid income                 0          0          0          0         40      15,722     16,484

              Accruals                       0         34         11        697       2,813     28,214     24,904

              Other payables                 0         24          0        242       1,414     15,748      8,588

                                             0         58        181       1,019      4,301     60,511      50,128]]></page><page Index="154"><![CDATA[130                                                                                Financial statements



       7.    Provisions for liabilities and charges


       Provisions                     Ex-RHA          ELS        CNST        DHSC         ELGP         ELSGP
                                                                            clinical

                                       £0 0 0 s     £0 0 0 s     £0 0 0 s    £0 0 0 s     £0 0 0 s     £0 0 0 s

        Opening provision
                                       55,751    1,002,628   38,247,332   2,592,424     193,635      207,462
        for known claims
        Opening provisions for IBNR    6 , 0 0 0  145,000    40,639,000     618,000     289,000       191,000
        Restated1total provision

                                       61,751    1,147,628   78,886,332   3,210,424     482,635      398,462
        as at 1April 2021

        Movement in known claims
        Transfer between schemes           0            0            0           0     (193,635)      193,635

        Provided in the year            1,198      38,279     8,408,657     221,273           0      481,934
        Provision not required
                                        (546)     (18,744)   (2,827,151)    (91,359)          0     (159,697)
        written back
        Unwinding of discount            953       16,590      290,785       36,571           0        2,259

        Change in discount rate        19,234     361,160    16,409,916     868,107           0       117,368
        Provisions utilised
                                      (1,265)     (19,906)   (2,213,856)   (82,773)           0      (80,574)
        in the year

        Movement in known claims       19,574     377,379    20,068,351     951,819    (193,635)     554,925
        Movement in IBNR

        Transfer between schemes           0            0            0           0     (289,000)     289,000

        Change in discount rate            0       68,768    24,463,000     285,027           0        5,000

        Provided in the year          (6 ,0 0 0 )  (33,768)  (3,059,000)  (256,027)           0     (147,000)

        Movement in IBNR              (6 ,0 0 0 )  35,000    21,404,000     29,000     (289,000)      147,000
        Closing provision for
                                      75,325     1,380,007   58,315,683   3,544,243           0      762,387
        known claims
        Closing provisions for IBNR        0      180,000    62,043,000     647,000           0      338,000

        Total provision as at
                                      75,325     1,560,007  120,358,683   4,191,243           0     1,100,387
        31 March 2022
        Analysis of expected timing
        of discounted cash flows2
        Not later than one year         1,297      36,975     2,393,405     162,955           0      109,373

        Later than one year and
                                       5,422      125,467    10,005,727     611,766           0      327,042
        not later than five years
        Later than five years         68,606     1,397,565  107,959,551   3,416,522           0      663,972
        Total provision as at
                                      75,325     1,560,007  120,358,683   4,191,243           0     1,100,387
        31 March 2022

       The provisions relating to NHS Resolution's indemnity schemes are the only provisions made by NHS  Resolution.

       1The opening  balance at  1 April 2021  has been  increased  by £2,457  million to  reflect a  prior period adjustment for


        2020/21  in  respect of the  revaluation of the  known  claims provision.  See  Note 7.4 for further details of the  revaluation.]]></page><page Index="155"><![CDATA[NHS Resolution      Annual report and accounts 2021/22                                           131







                  CNSGP         CNSC          CTIS       DHSC           PES         LTPS                     Total
                                                     non-dinical

                   £0 0 0 s     £0 0 0 s     £0 0 0 s    £0 0 0 s     £0 0 0 s     £0 0 0 s                  £0 0 0 s


                   15,403           0           0        10,681       6,694       85,318                 42,417,328

                  598,000      79,000        2 , 0 0 0  105,000       5,000      148,000                42,825,000

                  613,403      79,000        2,000      115,681       11,694     233,318                85,242,328




                                                                                                                0
                       0            0           0            0            0           0
                   58,235         125           0        15,341       10,016      69,701                 9,304,759

                  (5,822)           0           0       (2,099)      (1,317)     (23,809)               (3,130,544)

                     427            0           0            9            0           26                   347,620

                    6,141           3           0          (84)         (39)       (394)                 17,781,412

                   (4,461)        (28)          0        (6,918)     (4,321)     (44,422)               (2,458,524)


                   54,520         100           0         6,249       4,339        1,102                21,844,723



                                                                                                                0
                       0            0           0            0            0           0
                                                         15,000                   (6 ,0 0 0 )           24,841,795
                   1 1 , 0 0 0      0           0                         0
                  136,000      13,000           0            0       (1,0 0 0 )  (25,000)               (3,378,795)

                  147,000      13,000           0        15,000      (1,0 0 0 )  (31,000)               21,463,000

                   69,923         1 0 0         0        16,930       11,033      86,420                64,262,051

                  745,000      92,000        2 , 0 0 0  1 2 0 , 0 0 0  4,000      117,000               64,288,000

                  814,923      92,100        2,000      136,930      15,033      203,420                128,550,051





                   11,345           0           0        6,884        6,766       32,484                 2,761,484

                  249,604       5,006        1 , 0 0 0  130,046       8,267      170,936                 11,640,283


                  553,974      87,094        1 , 0 0 0       0            0           0                 114,148,284

                  814,923      92,100        2,000      136,930      15,033      203,420                128,550,051



            2  Discounted cash flow timings are based  upon actuarial estimates for known claims and  IBNR. Actual cash flows
             will vary due to a number of factors including claims settling on a periodical payment basis rather than lump sum,
              claims which take longer than anticipated to resolve, and changes in the value and timing of payments.]]></page><page Index="156"><![CDATA[132                                                                                Financial statements



       Provisions for liabilities and charges (prior year)


       Provisions                     Ex-RHA          ELS     Restated       DHSC         ELGP         ELSGP
                                                                 CNST       clinical

                                       £0 0 0 s     £0 0 0 s     £0 0 0 s    £0 0 0 s     £0 0 0 s     £0 0 0 s

        Restated opening provision
                                       57,011    1,111,961   35,957,145   2,681,471     387,475            0
        for known claims
        Opening provisions for IBNR    8 , 0 0 0  199,000   44,391,000     845,000      612,000            0

        Restated1total provisions
                                       65,011    1,310,961  80,348,145    3,526,471     999,475            0

        as at 1April 2020
        Movement in known claims
        Transfer between schemes           0            0           0            0     (146,616)      146,616

        Provided in the year            2,413       13,190    8,027,172     190,890      60,803       134,190
        Provision not required
                                      (3,752)    (122,909)   (4,131,228)  (273,466)     (69,731)     (55,790)
        written back
        Unwinding of discount           1,023      18,848      439,075      42,305        1,278          778

        Change in discount rate          297        4,572       16,186       12,853       3,440          287
        Provisions utilised
                                       (1,241)    (23,034)  (2,061,018)     (61,629)    (43,014)      (18,619)
        in the year

        Movement in known claims      (1,260)    (109,333)   2,290,187     (89,047)    (193,840)      207,462
        Movement in IBNR

        Transfer between schemes           0            0           0            0     (2 0 1 ,0 0 0 )  2 0 1 , 0 0 0

        Change in discount rate            0        1 , 0 0 0  165,000        1 , 0 0 0   6 , 0 0 0    3,000

        Provided in the year          (2 ,0 0 0 )  (55,000)  (3,917,000)  (228,000)    (128,000)     (13,000)

        Movement in IBNR              (2 ,0 0 0 )  (54,000)  (3,752,000)  (227,000)    (323,000)      191,000
        Closing provision for
                                       55,751    1,002,628  38,247,332    2,592,424     193,635       207,462
        known claims
        Closing provisions for IBNR    6 , 0 0 0  145,000   40,639,000      618,000     289,000       191,000


        Restated1total provision
                                       61,751    1,147,628  78,886,332    3,210,424     482,635      398,462
        as at 31 March 2021
        Analysis of expected timing
        of discounted cash flows2
        Not later than one year        1 , 0 0 0   35,003    2,430,244       77,006      66,790       70,372

        Later than one year and
                                       7,005      143,086    11,767,324     315,188      173,922      157,870
        not later than five years
        Later than five years          53,746     969,539   64,688,764    2,818,230     241,923       170,220

        Restated1total provision
                                       61,751    1,147,628  78,886,332    3,210,424     482,635      398,462
        as at 31 March 2021


        The opening balance at  1 April 2020 and the closing balance at 31  March 2021  have been  increased by £2,790 million and £2,457  million
        retrospectively to reflect a prior period adjustment for 2020/21  in  respect of the revaluation of the CNST known claims provision.
        See Note 7.4 for further details of the revaluation.]]></page><page Index="157"><![CDATA[NHS Resolution      Annual report and accounts 2021/22                                           133







                   CNSGP         CNSC          CTIS         DHSC           PES         LTPS               Restated
                                                            non-                                             Total
                                                           clinical
                    £0 0 0 s     £0 0 0 s     £0 0 0 s      £0 0 0 s     £0 0 0 s     £0 0 0 s               £0 0 0 s


                     1,149           0            0        10,919        9,612       90,880             40,307,623

                  306,000            0            0        97,000        5,000       73,000             46,536,000

                  307,149            0            0       107,919       14,612      163,880             86,843,623




                                                                                                                0
                        0            0            0            0            0             0
                   15,754            0            0        10,031        4,245       56,789              8,515,477

                    (744)            0            0        (2,880)      (3,838)     (22,477)            (4,686,815)

                                                              13            3            52                503,375
                        0            0            0
                       35            0            0            7           (2 )          26                 37,701

                     (791)           0            0        (7,409)      (3,326)     (39,952)            (2,260,033)


                   14,254            0            0         (238)       (2,918)      (5,562)              2,109,705



                                                                                                                0
                        0            0            0            0            0             0
                   13,000            0            0         1 , 0 0 0       0         1 , 0 0 0            191,000

                  279,000       79,000        2 , 0 0 0     7,000           0        74,000             (3,902,000)

                  292,000       79,000        2 , 0 0 0     8 , 0 0 0       0        75,000             (3,711,000)

                   15,403            0            0        10,681        6,694       85,318              42,417,328

                  598,000       79,000        2 , 0 0 0   105,000        5,000      148,000             42,825,000

                  613,403       79,000        2,000       115,681       11,694      233,318             85,242,328





                    2,280            0            0         8 , 0 0 1    9,000       50,006               2,749,702

                  144,800        6 , 0 0 0     1 , 0 0 0   21,013        2,694       183,312             12,923,214


                  466,323       73,000         1 , 0 0 0   86,667           0             0              69,569,412

                  613,403       79,000        2,000       115,681       11,694      233,318             85,242,328




            2Discounted cash flow timings are based upon actuarial estimates for known claims and IBNR. Actual cash flows will vary due to a number of factors
              including claims settling on a periodical payment basis rather than lump sum, claims which take longer than anticipated to resolve, and changes
              in the value and timing of payments.]]></page><page Index="158"><![CDATA[134                                                                                Financial statements



       7.1.  Reconciliation of Note 7 to Statement of comprehensive net expenditure


       Reconciliation of Note 7 to       Ex-RHA         ELS        CNST       DHSC         ELGP       ELSGP
       comprehensive net expenditure                                         clinical

                                           £0 0 0 s    £0 0 0 s   £0 0 0 s    £0 0 0 s    £0 0 0 s     £0 0 0 s

        Unwinding of discount/
                                            953       16,590     290,785      36,571          0        2,259
        finance charge
        Increase in known
                                           1,198      38,279   8,408,657     221,273          0      481,934
        claims provision
        Provision not required
                                           (546)     (18,744)  (2,827,151)   (91,359)         0     (159,697)
        written back
        Change in discount rate
                                          19,234     429,928   40,872,916   1,153,134         0      122,368
        (known claims and IBNR)
        lncrease/(decrease) in
                                          (6 ,0 0 0 )  (33,768)  (3,059,000)  (256,027)       0     (147,000)
        provision for IBNR
        Provision expense charged to
        Statement of comprehensive        13,886     415,695   43,395,422  1,027,021          0      297,605
        net expenditure
        Total charge to Statement of
                                          14,839     432,285   43,686,207  1,063,592          0      299,864
        comprehensive net expenditure




       7.2.  Explanatory notes                             Developments over the year
                                                           affecting the provisions
       Nature and scope of the obligation
                                                           Discount rates
       NHS Resolution administers indemnity cover for clinical
       negligence and  non-clinical claims under twelve    One of the key assumptions used  in calculating the
       schemes or arrangements.  Provisions are calculated  in   provisions are the discount rates used to place a
       accordance with  IAS 37 and  relate to liabilities arising   present value on  projected future cashflows.  Since the
       from  incidents covered by these arrangements.  The   discount rates are prescribed  by HM Treasury, the rates
       three key elements of NHS Resolution's provisions are:  are outside the formal control of NHS Resolution.

       •  Claims received by NHS  Resolution (known claims)  NHS  Resolution's provisions are particularly sensitive
                                                           to the long term and very long term discount rates.
       •  Settled periodical  payment orders (PPOs) where
                                                           This reflects the long term nature of the liabilities
          the settlement of a claim involves payments to the
                                                           which  is driven  by the reporting and settlement
          claimant into the future, generally for their lifetime
                                                           delays as well as the fact that many high value
       •  Incurred  but not reported (IBNR) provision      claims are settled as a  PPO with  payments provided
         where claims have not yet been  received  but     over the remaining  lifetime of the claimant.
         where it can  be reasonably predicted that:
                                                           This year, there was a significant reduction  in the long
         -   an adverse incident has occurred, and         term and very long term discount rates prescribed  by
         -   a transfer of economic benefits will occur, and  HM Treasury, which  increased the provision  by £42.6
                                                           billion. Although the change in discount rates prescribed
         -   a reasonable estimate of the likely value
                                                           by HM Treasury has a  material effect on the value of the
           can  be made.
                                                           provisions,  it does not alter the cost of settling claims in
       The schemes that we administer are shown            the short-term -  which  is driven  by the frequency and
       in the Appendix on  page  159.                      severity of claims and the legal environment in which
                                                           the claims are settled (e.g. the personal  injury discount
                                                           rate).As such the £42.6 billion  increase in the provisions
                                                           reflects a change in the way the liabilities are valued,
                                                           rather than a change in the underlying  liabilities.]]></page><page Index="159"><![CDATA[NHS Resolution      Annual report and accounts 2021/22                                           135







                  CNSGP         CNSC         CTIS       DHSC           PES        LTPS                       Total
                                                   non-clinical
                                                        £0 0 0 s
                   £0 0 0 s    £0 0 0 s     £0 0 0 s                 £0 0 0 s    £0 0 0 s                   £0 0 0 s


                     427           0            0           9            0          26                     347,620

                  58,235         125            0       15,341      10,016       69,701                  9,304,759


                  (5,821)          0            0      (2,099)      (1,317)    (23,809)                 (3,130,544)

                   17,141          3            0       14,916        (39)      (6,394)                 42,623,207


                 136,000       13,000           0           0       (1, 0 0 0 )  (25,000)               (3,378,795)


                 205,555       13,128           0       28,158       7,660      14,498                  45,418,628



                 205,982       13,128           0       28,167       7,660      14,524                  45,766,248





            Timing of cashflows - known claims provisions
            The known claims provision calculation (described  later in
            this note) uses the expected settlement date (ESD) from
             individual claims recorded  in the Claims Management
            System (CMS) to apply inflation and discounting to
             reach a valuation.  However, for the disclosure of the
            expected timing of cashflows, this has historically been
             based on an actuarial view of settlement patterns.

            As at 31  March 2022, these two views had diverged
            considerably, most likely due to the effect of the Covid-19
             pandemic on the health and  legal environments,  and
            as a  result, an adjustment increasing the provision  by
             £4.6 billion gross (£2.2  billion  net after allowing for the
             prior period adjustment) has been  made to the known
            claims provision calculation for the 2021/22 financial
            year. A prior year adjustment has also been  made to
            the accounts,  details of which are provided at Note 7.4.
            This issue highlights the uncertainty in the claims
            environment in  relation to when  individual claims
            are likely to settle, the impact that disruptive
            forces may have on the individual judgements on
            timing of settlements, and the sensitivity of the
            value of the provision to payment patterns.]]></page><page Index="160"><![CDATA[136                                                                                Financial statements



       Indemnity arrangements for coronavirus              •  The direct impacts on core (non-Covid-19) NHS
                                                             activity and  hence the claims that might normally
       The coronavirus pandemic has had a significant
                                                             arise -  for example in  relation to lower clinical
       impact on the NHS over the last two years, which
                                                             activity or the risks of delayed treatment.
       has the potential to affect the value of the liabilities
       covered  by NHS Resolution.  In addition to the two   •  The indirect impacts across all other factors
       new schemes that were established last year (CNSC      that might influence claim costs -  for example
       and CHS), there are also potential impacts on the      in  relation to lags between  incidents, claims
       liabilities covered  under the arrangements that were   and settlement or the economic impact.
       already in  place (i.e. through CNST, CNSGP and     Early Notification
       LTPS) owing to changes in healthcare provision.
                                                           The majority (approximately 70%) of the CNST
       As was the case last year, the estimated effect
                                                           provision  is as a result of claims arising from
       on the NHS Resolution provision  is fairly limited
                                                           maternity activities -  such as brain damaged
       (£1.3 billion) at this stage because:
                                                           babies at birth following  negligent care.
       •  the success of the vaccination  programme meant that
                                                           Under the  Early Notification (EN) Scheme, trusts
          clinical activity wasn't as severely disrupted  in 2021/22.
                                                           are required to report qualifying cases that meet
       •  a  large share of the total  provision  is in  relation   the Early Notification criteria to Healthcare Safety
          to incidents that occurred  prior to 2020/21.    Investigation  Branch, and, from  1 April 2022, also

         While these claims might still  be affected by    to NHS Resolution once HSIB  have confirmed they
          any potential disruption in the reporting and    are progressing an  investigation.  HSIB will triage and
          settlement of claims, this is not expected       confirm their investigation on those babies who have
          to significantly alter the liabilities due.      clinical or MRI evidence of neurological  injury.  Once
                                                           NHS  Resolution have received the final HSIB  report,
       •  a  large proportion (approximately 70% for
                                                           the EN team will triage the case further based on our
          2021/22 compared to 68%  in 2020/21) of the
                                                           internal clinical definition and then confirm to the trust
          CNST provision  is as a  result of claims arising
                                                           which cases will  proceed to a liability investigation.
          from  maternity activity. Although there have been
          some changes to maternity activities,  overall these   •  The EN Scheme has significantly altered the pace
          activities have continued during the pandemic      at which claims are opened.  However, since the
          and we assume that there will  be a similar level of   scheme was only launched  in 2017 and  it takes a
          claims as in  previous years.  The estimated value of   number of years for higher value claims to settle,
          IBNR PPO claims, which mainly relate to maternity,   there is relatively little settled claims experience
          for incidents in 2020/21  is around  £9 billion and   to fully quantify the impact of the EN Scheme.
          for incidents in 2021/22  is around  £11  billion.
                                                           For this year, we have separately modelled claims reported
       While a small  number of claims related to Covid-19   under the  EN Scheme within the IBNR provision and those
       have been  received, it will take several years for the   expected to be reported outside of the scheme.  In arriving
       impacts of Covid-19 to fully materialise, due to the   at our assumed number of claims, we have considered
       time lags between  incidents, claims and  ultimately   the rate at which  EN cases have been opened to date
                                                           while assuming that the overall level of risk in  relation
       their settlement. As a result, there is limited experience
                                                           to brain damage at birth is broadly similar to the period
       from which to quantify the impacts of Covid-19 on the
                                                           before EN.  Hence we assume that the overall  number of
       provisions and our estimates are subject to uncertainty.
                                                           successful  high value claims after the introduction of the
       We have therefore applied a similar approach to
                                                           EN Scheme will  be similar to the period  before -  reflecting
       2020/21, where we have separately considered:
                                                           that the EN scheme only alters the reporting and claim
       •  The direct impacts that might arise from new activities   settlement process,  rather than the exposure to risk.
         related to responding to the pandemic -  for example
                                                           Since no high value EN cases have been settled yet, other
         in relation to testing, diagnosis, treating and caring
                                                           assumptions in  respect of claim costs and settlement lags
         for Covid-19 patients and administering vaccines.
                                                           are set with  reference to standard  maternity claims.]]></page><page Index="161"><![CDATA[NHS Resolution      Annual report and accounts 2021/22                                           137



             General Practice Indemnity                          Process and methodology for
             From  1 April 2021  liabilities relating to incidents prior   setting the provision


            to  1 April 2019 against members of the Medical
                                                                 NHS Resolution  has entered  into a  Memorandum of
             Protection Society (MPS) transferred to be administered
                                                                 Understanding with  Government Actuary's Department,
             by NHS  Resolution. These are covered within the
                                                                 to assist with the preparation of financial statements
             Existing Liabilities Scheme for General  Practice (ELSGP),
                                                                 through actuarial analysis and  modelling of claims
            which already covered liabilities relating to incidents
                                                                 data. This is combined with  information  provided
             prior to  1 April 2019 against members of the  Medical

                                                                 by management on the current economic and
            and Dental  Defence Union of Scotland (MDDUS).
                                                                 claims environment in order to provide estimates for
             Short-term inflation                                management to consider in  relation to determining
                                                                 the valuation of the liabilities for the accounts.
            Short-term inflation expectations have increased
            significantly relative to last year owing to the post­  NHS Resolution's Reserving and  Pricing Committee is
             pandemic economic recovery,  higher energy prices   responsible for making decisions on the key judgements
            and supply and  labour constraints. The provisions   and estimates.  This is supported  by the advice of
            are determined assuming that claims inflation will   the actuaries alongside the  Preparatory Reserving
            also be higher in the short term -  reflecting the   Group, which  reports into the Reserving and  Pricing
            assumption that a  higher cost of living  in the general   Committee and brings together colleagues from
            economic environment will  lead through to higher    across the organisation to scrutinise the analysis.
            claim settlement costs. The impact on the CNST
                                                                 In addition to the discount rate, there are other factors
             provision  is shown at Table 28 on  page  142.
                                                                 that influence the provision that are also outside NHS
             Claims inflation trends                             Resolution's control; for example, patients (and their
                                                                 legal  representatives) have an element of control over
             Notwithstanding the higher short-term inflation
                                                                 the timing of the reporting of claims. The Reserving
            expectations in the general economic environment,
                                                                 and  Pricing Committee keeps all the factors affecting
            average settlement costs have not increased at
                                                                 the calculation of provisions under review to ensure
            the rate previously assumed. This is a continuing
                                                                 that the final provisions reflect the experience of the
            trend over the last few years and as such we have
                                                                 organisation and are adjusted  in a timely manner.
             made reductions to our long term claims inflation
            assumptions.  See page  142 for details of the impact   The methodologies for the three key elements
            of the changes to the claims inflation assumption    in NHS Resolution's provisions are as follows:
             Risk and uncertainty                                •  Known claims -  The provision is based on the case
                                                                    estimates of individual reported claims received  by
             In  prior years, we have included a risk and  uncertainty
                                                                    NHS Resolution.  The case estimates are adjusted for:
             margin  in our IBNR provisions to reflect the unquantifiable
             risks that might affect our liabilities. This year, we   -   the case handlers' estimated probability
             have decided to remove the risk and uncertainty         of each claim being successful,
             margin to ensure that the provisions reflect our best   -   expected future claims inflation to settlement,
            estimate as a  result of our ongoing  refinements
                                                                   -   the likelihood that they will go on to settle
            to our reserving processes.  Instead, the risk and
                                                                     under a  periodical payment regime -  with part
             uncertainty inherent in the provision  is demonstrated
                                                                     of the claim  paid over the life of the claimant
            via  presentation of sensitivity analysis and the
                                                                     as a  regular stream of compensation  income
             reasonable range covered  in the following material.
                                                                     rather than  purely as a  lump sum, and
            Assumption of liabilities
                                                                   -   the assumed additional cost if the case were
             upon cessation                                          to settle as a  periodic payment order (PPO).
            The NHS Act 2006 s.28A requires the Secretary of State
                                                                 A further adjustment has been applied to the
            for Health and Social Care to exercise his statutory
                                                                 2021/22  known claims provision as a whole,  and to
             powers to deal with the liabilities of a Special  Health
                                                                 the CNST provision only for 2020/21  (on grounds
            Authority,  if it ceases to exist. This includes the liabilities
                                                                 of materiality) to align the profile of case estimates
            assumed  by NHS Resolution in respect of all schemes.
                                                                 settlement dates with an actuarial view of the
                                                                 expected timing of settlement of the provision.]]></page><page Index="162"><![CDATA[138                                                                                Financial statements



         The resulting adjusted claim values are then discounted   -   For CNST,  ELS and  DHSC  clinical  liabilities,
         for the time value of money (at the Treasury-prescribed   these calculations are carried out separately
         rates) to give a present value at the accounting date.  for damages,  NHS legal costs and claimant
                                                                costs, and for PPO and  non-PPO type claims.
       •  Settled PPOs -  The provision  is determined on an
          individual claim-by-claim basis and then aggregated   -   For this year, we have set separate assumptions
          across all settled  PPOs.  Each claim's schedule of   for claims reported  under the  EN Scheme
          future payments is projected  into the future on      within the IBNR provision and those expected
          each of their due dates, allowing for applicable      to be reported outside of the scheme.
          increases (e.g.  inflation). A probability of survival
                                                             -   The  ELSGP provisions are determined  in a similar
          is then applied to each  projected  payment,  based
                                                                manner but the reserving assumptions are based
          on the individual's life expectancy and the fitted
                                                                upon the combined historical claims experience
          mortality tables. This provides a weighting that allows
                                                                from  periods where:  claims were handled by
          for the relative probability of each  payment being
                                                                MDDUS and/or MPS; and also more recently where
          made. This forms the cash flows which are then
          discounted using the HM Treasury-prescribed discount   claims have been  handled  by NHS Resolution.
          rates to calculate a present value of the liability.  -   The assumptions used to determine the
       •  IBNR -  To estimate the IBNR provision at the         CNSGP provisions are based  mainly on  ELSGP
          accounting date, the actuaries model the future cash   experience, scaled up to allow for the fact
          flows expected to arise from  IBNR claims and calculate   that CNSGP has wider exposure coverage.
          a  present value (at the  HM Treasury-prescribed
                                                             -   For CNSC  and other coronavirus liabilities,
          discount rates).  The steps to arrive at an estimate are:
                                                                approximate methods have been used based on
         -   A characteristic pattern of claims reporting from   levels of activity and assumed claim frequency
           claim  incident year is identified to determine the   and severity based on similar clinical risks.
           ultimate number of claims that are expected to   7.3   Key assumptions and areas of uncertainty
           arise from  incidents that have occurred  in each
                                                           As with any actuarial projection, there are areas
           past year up to the accounting date. This allows
                                                           of uncertainty within the claims provisions
           a projection to be made for the number of IBNR
                                                           estimates. This is particularly so for:
           claims expected to be reported  in each future year.
         -   Assumptions are then made about the average   •  the CNST,  ELS and DHSC  clinical schemes,
           claim sizes for different types of claim. Adjustments   given the long term nature of the liabilities;
           are made to these assumed claim sizes to        •  the GPI schemes,  given the recent changes
           allow for expected future claims inflation.        in these arrangements with the take-
                                                              on of claims from two MDOs; and
         -   By combining the average claim sizes with the
           claim  numbers and  patterns for the reporting   •  the CNSC  and CTIS schemes and Covid-19 liabilities
           to payment time lag appropriately, a  projection   covered by the other schemes, given the novel nature
           is made for the total value of claim payments      of the liabilities and the lack of claims experience.
           for IBNR claims in each future year.
                                                           The IBNR provisions are subject to considerable
         -   For claims that are assumed to settle as PPOs,   uncertainty. At a  high  level, the method  used to calculate
           an estimated payment pattern is used to model   the provisions assumes that future experience will  be in
           the future cash flows,  based on  mortality     line with  past experience.  In  particular, the provisions
           assumptions derived from the settled  PPO       are calculated on the basis of the current legal and
           claims.  Lump sum settlements are assumed to    claims environment,  including the current PIDR.
           be paid out in full around settlement time.
         -   The final step in the process is to calculate
           the present value of the projected future
           cash flows (using the HM Treasury-prescribed
           discount rates), and this gives the estimated
           IBNR provision at the accounting date.]]></page><page Index="163"><![CDATA[NHS Resolution      Annual report and accounts 2021/22                                           139



            The following are key areas of uncertainty           •  Claims inflation: Because of the long term nature
             in the estimation of the claims provision              of the liabilities, even small changes to the assumed
                                                                    rate of future claim value inflation can  have a
             •  The number of clinical claims reported to NHS
                                                                    significant impact on the estimated provisions.
               Resolution and lag patterns: The number of claims
                                                                    Claim value inflation has historically been  higher
               reported to NHS  Resolution's long-established schemes
                                                                    than price inflation.  For clinical  negligence claims,
               has reduced over the last couple of years since the
                                                                    inflation is affected  by a  number of external factors
               peak in 2013/14,  excluding claims reported  under the
                                                                    such as the  PIDR, changes in legal precedent
               Early Notification Scheme.  Nonetheless, there remains
                                                                    (e.g.  rules relating to accommodation costs
               considerable uncertainty when  projecting claim
                                                                    determined by Swift v.  Carpenter) and changes
               numbers in the future, due to the changing claims
                                                                    in  legal costs. The variety of potential external
               and healthcare environment and resulting  instability in
                                                                    influences on future claims inflation means that this
               past claim trends. Although we have allowed for the
                                                                    assumption is subject to significant uncertainty.
               assumed impact of Covid-19 reducing the number of
               claims we are likely to receive from activity in 2020/21,   The HM Treasury PES discount rate note from December
               clinical activity appears to have recovered to pre­  2021  (which specifies the financial assumptions to be
               pandemic levels in 2021/22.                       used for valuing provisions at March 2022) states that
                                                                 all cash flows should  be assumed to increase in  line
               Estimating the ultimate number of claims is
                                                                 with the OBR CPI forecasts unless certain conditions
               complicated by the fact that clinical  negligence claims
                                                                 are met for this assumption to be rebutted. These
               can take a number of years to be reported following
                                                                 conditions are set out in  Paragraph 36 of Annex B
               the incident that gives rise to the claim. The IBNR
                                                                 of to the  HM Treasury PES note PES (2021)  10.
               provision depends on an assumed time lag  pattern
               for how claims are reported to NHS Resolution     For NHS Resolution's IBNR provisions,
               following the incident.  If the true pattern of reporting   these conditions have been met:
               is faster than that assumed, this may mean that the
                                                                 Condition 1: there is a logical basis for not applying
               number of IBNR claims has been overestimated,
                                                                 OBR CPI  inflation rates, in that the proposed alternative
               and vice versa. Changing trends in this pattern over
                                                                 inflation  rates would be clearly more applicable to the
               time, for example as a  result of changes to the legal
                                                                 underlying  nature of the cash flows.  For NHS Resolution,
               environment, the introduction of the  Early Notification
                                                                 past claims inflation and the mandated  rates of PPO
               scheme (leading to earlier reporting of incidents and
                                                                 increases have been demonstrably different to CPI
               claims),  increased awareness of the availability of
                                                                 increases, so the assumptions for future inflation  rates
               compensation and  potential disruptions owing to
                                                                 have been selected to reflect the historical data.
               Covid  19,  increase the uncertainty in this assumption.
                                                                 Condition 2: the proposed alternative rates must be
             •  Claims settling as PPOs: PPOs remain a key
                                                                 free from  management bias. An  indication of this
               area of uncertainty, given the high value of PPO
                                                                 may be an  independent or professional assessment
               settlements, the limited stable past data to base
                                                                 of the proposed alternative inflation rates, such as by
               future claim number projections upon and the
                                                                 a committee, third  party or other experts. The claims
               changing  propensity to award  PPOs to claimants.
                                                                 inflation assumptions have been  based on the actuarial
               PPO claim settlements are paid over the lifetime
                                                                 adviser's assessment of historical claims inflation,
               of the claimant, and consequently there are
                                                                 which  have then been reviewed and adopted by
               additional  inflation and longevity uncertainties,
                                                                 NHS Resolution's Reserving and  Pricing Committee.
               compared to equivalent lump sum settlements.]]></page><page Index="164"><![CDATA[140                                                                                Financial statements



       Condition 3: the inflation rates instead applied should   •  Legal environment: The legal environment is
       be based on logical and  relevant calculations and     a particular area of uncertainty.  DHSC  published
       reasonable underlying assumptions.  For example, they   a consultation in January 2022 proposing the
       may be comparable to existing financial indices or based   introduction of Fixed  Recoverable Costs (FRC) in
       on  historical trends.  The claims inflation assumptions   lower value clinical negligence claims (generally
       adopted  have been based on  historical claims data    claims with damages valued at £1,500-£25,000).
       as well as making  references to historical  levels of   The consultation proposed that an  FRC  scheme apply
       other indices, such as the Annual Survey of Flours and   to claims notified on or after the implementation
       Earnings (ASFIE),  and assumptions for price inflation.  date. The consultation closed on 24 April 2022, and
                                                              assumes implementation no earlier than 2023/24.
       As a  result the claims inflation assumptions are derived by:
                                                              Because this is a consultation there is no certainty
       •  First,  looking at nominal  increases in average claim   as to whether the FRC  scheme will  be introduced or
          costs over past years by reserving segment; and     what it will  look like. As a result, the potential impact
                                                              of FRC  is too remote to be included  in the provision
       •  Then adjusting this to reflect any significant differences
                                                              as at 31  March 2022.  This will remain  under review.
          in expected future inflation in the economy compared
          to observed  historical inflation over the recent past.  The provisions have been valued using the current
                                                              Personal Injury Discount Rate (PIDR) of minus
       The majority of PPOs have payments linked to the
                                                              0.25%.  The Civil Liability Act 2018 introduced a
       retail  price index (RPI) and/or ASHE 6115 (a wage
                                                              process for periodical  reviews of the  PIDR. As there
       inflation index) and the future rates of increase in these
                                                              is no certainty on the outcomes of future reviews,
       indices are uncertain.  In particular, ASHE 611 5 relates
                                                              no adjustments have been  made to the IBNR or
       specifically to care and home workers and external
                                                              known claims provisions for the potential effects of
       factors impacting this market in  recent years have
                                                              such changes at this stage.  However, the recently
       increased the uncertainty in setting this assumption.
                                                              announced PIDR in  Northern  Ireland provides an
       Further, the reforms announced to RPI will  result in a
                                                              indication that,  if the PIDR in  England and Wales had
       change in the way that RPI  is determined  in 2030.
                                                              been reviewed and  updated recently then the rate
       •  Life expectancy: The provisions in  respect of settled

                                                              might be around  1%  lower than it currently stands.
          PPOs are sensitive to the assumed life expectancy
                                                              Our sensitivity analysis shows the impact of changing
          of claimants.  Each claimant's life expectancy is
                                                              the PIDR and shows the CNST IBNR would be around
          estimated at settlement by medical experts. The

                                                              £1.3 billion higher if the  PIDR was  1%  lower.
          actual future lifetime of the claimant may differ
          significantly from this estimate.  Furthermore,  it is
          difficult to determine whether the life expectancies
          estimated by medical experts will  prove to be
          too long or too short on average across all
          claimants. The average life expectancy of claimants
          could also be influenced by future advances in
          medical care or other events (e.g.  epidemics).
       •  Covid-19: As with  last year's provisions, there
          are additional assumptions made, and  hence
          uncertainties in the provision, as a result of the
          impact of Covid-19.  Broadly speaking there are two
          offsetting factors of the pandemic on the provisions:
          expected lower claim  numbers from lower clinical
          activity in 2020/21, offset by new risks and  potential
          sources of claims as a result of the response.]]></page><page Index="165"><![CDATA[|   NHS Resolution     Annual report and accounts 2021/22



             •  Scheme developments: There is additionally       Table 28 shows a summary of the key assumptions
               some uncertainty in  relation to the impact of the   used to determine the CNST IBNR provision, as the
               Early Notification Scheme, which  impacts some    CNST IBNR provision is the largest single element of
               maternity incidents that occurred on or after     total  provisions, and therefore where uncertainty has
               1 April 2017, on claims costs and  reporting trends.  the greatest effect.  For each assumption, the degree

                                                                 of uncertainty in the assumption and the impact of
               This year, we have set separate assumptions for
                                                                 the assumption on the level of provisions has been
               claims reported  under the  EN Scheme and those
                                                                 categorised subjectively as 'high',  'medium' or 'low'.
               reported outside of the scheme. Assumptions have
                                                                 Where appropriate the same assumptions are used for
               been set based on  EN experience to date and we
                                                                 the CNST settled  PPOs and known claims provisions.
               have assumed that the overall  level of risk of brain
               damage of babies at birth  is similar to that seen   Key assumptions in the
               in  previous years but that the Early Notification
               Scheme brings forward the reporting of those      CNST IBNR provision
               claims.  It will take several more years to ascertain   The impacts of the various assumptions can
               fully what the impact of the  EN Scheme may be.   be found detailed  in  Figure 32:  CNST IBNR
               The provisions in  respect of GP Indemnity claims rely   sensitivities as at 31  March 2022 (page  148).
               on  historical claims data provided  by organisations
               with different claims processes and systems.
               This, together with any changes in claims
               development following the recent changes
               in these arrangements with the take-on of
               claims from two MDOs, contributes to the
               uncertainty inherent in these provisions.]]></page><page Index="166"><![CDATA[142                                                                                Financial statements



       Table 28: Key assumptions in the CNST IBNR provision
        Assumption      Approach         Degree of   Sensitivity  Change in assumption between  Effect of
                                         uncertainty  to changes  31 March 2021 and 31  March 2022  change
                                                                                                (CNST IBNR)
                                                                The EN scheme has accelerated
                                                                the reporting of potential PPO
                                                                claims. We have allowed for this by
                                                                specifying separate assumptions
                                                                for claims that are expected to be
                        Derived from                             reported under the EN scheme.
                        past claim                               Generally we assume that there
                        numbers and                             will be a similar number of
                                                                successful PPO claims but there has
                        development
                                                                 been a slightly higher number of
        Ultimate        patterns and
        number of       assumptions that   Medium    High        potential PPO claims reported over   +^   § |3 j||jon
        claims          the level of risk                       the year which leads to a slight
                        will be similar to                       increase in the assumed number
                        previous years,                          of claims and IBNR provision.
                        adjusted for                            The expected number of future
                        levels of activity                       non-PPO claims is similar to last
                                                                year. We continue to assume
                                                                that the number of non-PPO
                                                                claims arising from 2 0 2 0 / 2 1  will
                                                                 be lower owing to disruption in
                                                                clinical activities due to Covid-19.

                                                                                                Impact is
                        Value threshold                         A value-based threshold has
                                                                                                minimal and
                        derived                                  been used to identify potential
        Propensity to                                                                           included
                        from recent      Medium      Medium      PPO claims. The selected value
        settle as PPO                                                                           in ultimate
                        years' settled                          of the threshold has increased
                                                                                                number of
                        claims data                             slightly from £3.25m to £3.5m.
                                                                                                claims above
                                                                The average cost per claim
                        Derived from                            assumptions have increased slightly
                        past settled                             but haven't kept pace with the
                        claims-set                              expected level of claims inflation.
        Average cost    separately for
                                                                The assumed average cost for    . £ 4  5  billion
        per claim       damages, NHS
                                                                 PPOs also depends on the HM
                        legal costs
                                                                Treasury discount rate used
                        and claimant                            to place a present value on
                        costs
                                                                structured settlement payments.
                                                                This has been accounted below.]]></page><page Index="167"><![CDATA[NHS Resolution      Annual report and accounts 2021/22                                           143





             Assumption      Approach          Degree of  Sensitivity  Change in assumption between   Effect of
                                               uncertainty  to changes  31 March 2021 and 31 March 2022  change
                                                                                                      (CNST IBNR)

                              Long term
                                                                      The inflation assumption for PPO
                             claims inflation:
                                                                      damages has decreased by 0.5    -£4.0 billion
                             derived from past
                                                                      pa% from the previous year.
                             settled claims
                             Short-term
                             claims inflation:                        We are assuming that the
              Claims inflation
                             derived from                             higher short-term inflationary
              and risk and                     High       High                                        +£2 . 8  billion
                              HM Treasury                             environment will feed through to
              uncertainty
                              prescribed CPI                          higher short-term claims inflation.
                             forecasts

                                                                      The risk and uncertainty margin
                              Risk and                                has been removed this year.
                                                                                                      -£2.3 billion
                              uncertainty                             Previously it was included in the
                                                                      claims inflation assumption.

                              Derived from
                              past settled                            This has decreased by 2%
              Probability of
                             claims, adjusted   Medium    Medium      for PPO damages. It is          -£1 . 8  billion
              paying damages
                             for incomplete                           unchanged for non-PPOs.
                             development
                                                                      Lag range from 2.9 to 7.5 years,
                              Derived from
              Creation to                                 Medium      increasing by 0 . 1 years at the lower
                              past settled     Low                                                    +£0.7 billion
              payment lags                                (for PPOs)  end and decreasing by 0 . 2  years
                             claims
                                                                      at the higher end of the range.
              Life expectancy   Based on analysis                     Separate assumptions are
              for PPO        of past settled   Medium     Low         specified for EN claims (42 years)   +£1.3 billion
              payments        PPO claims                              and non EN claims (37 years).


                                                                      All discount rates have been
                                                                      updated. Short- and medium-
                                                                      term rates have increased by
              Nominal         HM Treasury
                                               Prescribed  High       0.49% and 0.52% respectively.   +£24.5 billion
              discount rates  prescribed
                                                                      The long term and very long
                                                                      term rates have decreased by
                                                                      1.04% and 1.33% respectively.

                              Based on
                             earnings
             ASHE 6115                                                The ASHE assumption is
                              increases relative   Medium  High                                       -
              (80th percentile)                                       unchanged at CPI+1.75%.
                             to CPI over the
                              longer term]]></page><page Index="168"><![CDATA[144                                                                                Financial statements



       Sensitivities as at 31  March 2022
       The provisions are sensitive to the assumptions used   Sensitivity to  HM Treasury tiered
       to varying degrees. The following demonstrates      nominal discount rates
       the sensitivity to these assumptions by showing:
                                                           Since 2018/19,  HM Treasury specifies discount rates in
       •  Sensitivity of the total provisions (known       nominal terms. The short- and medium-term nominal
         claims, settled  PPOs and  IBNR) to changes       discount rates have increased this year and the long term
         in the following  key assumptions:                rates have both decreased. The impacts of these changes
                                                           on the provisions vary by scheme, depending on the type
         -   HM Treasury discount rates
                                                           and duration of the expected future claim  payments.
         -   ASHE assumption
                                                           Due the long term  nature of the liabilities, claims
         -   Claims inflation                              that have settled, or are expected to settle as
                                                           a  PPO are very sensitive to changes in the HM
         -   Life expectancy.
                                                           Treasury-prescribed discount rate, especially the
       •  For CNST IBNR provisions, which  represent the   long term and very long term discount rates.
         single largest element within the total provision:
                                                            Discount         31/03/2021  31/03/2022  Change
         -   A reasonable range for the CNST IBNR provisions   rates term       nominal    nominal
           based on different plausible assumptions                                rates      rates
         -   Sensitivity of the CNST known claims provision                       (%pa)       (%pa)
           (excluding  PPOs) to changes in the payment pattern
                                                            Short term           -0 .0 2 %   0.47%   +0.49%
         -   Sensitivity of the CNST IBNR provisions
                                                            (<5 years)
           to other assumptions.
                                                            Medium term          0.18%       0.70%   +0.52%
       Sensitivity of provision
                                                            (5-10 years)
       to key assumptions
       The following tables show the effect on the          Long term            1.99%       0.95%    -1.04%
       valuation of the total provisions if different rates and   (10-40 years)
       assumptions were applied for HM Treasury discount
                                                            Very long term       1.99%       0 .6 6 %  -1.33%
       rates, the differential  between CPI and annual hourly
                                                            (over 40 years)
       earnings (ASHE),  claims inflation and  life expectancy.
       The tables show the separate impact on:
                                                           As shown  in the following  material, the relationship
       •  The known claims provision. This                 between the value of the total  provision and the effect
         represents 24%  of total provisions.              of changes in the discount rate is not a symmetrical
       •  The settled PPO provision. This represents 24%   one -  due to the impacts of compound discounting.

         of total  provisions. They are typically high value   A reduction of  1%  in the short,  medium and  long term
         cases, and their long term  nature mean they are   discount rates will  increase the total  provision  by 31 %,

         highly sensitive to changes in  key assumptions.  but a  1%  increase will reduce the provision  by 20%.
       •  The IBNR provision. This represents
         52%  of total provisions.

       Note that the tables that follow show the sensitivity
       of the total  provision across all schemes.  However, the
       provision, and sensitivity of the provision, is dominated
       by CNST which accounts for 94%  of the total  provisions.]]></page><page Index="169"><![CDATA[NHS Resolution      Annual report and accounts 2021/22                                           145






                                   Sensitivity of total provisions to HM Treasury discount rate (f m)

             Provisions                     All rates reduced by           Base               All rates increased by
                                                                    assumptions
                                        1% pa                %                             1% pa                %

             Known claims               35,630              3%            34,691           33,816             -3%
             Settled PPOs               42,493            44%             29,572           21,450            -27%

             IBNR                       90,124            40%            64,288            47,730            -26%
             Total provisions          168,247             31%           128,551          102,996            -20%


            The table above is based on adjusting the nominal    Sensitivity to differential
            discount rate by +1 %  and -1 %. A change in the     between ASHE  and  CPI
             nominal  interest rate of +1 % would  represent
                                                                 The ASHE index,  used in the calculation of damages in
            short,  medium,  long and very long term  nominal
                                                                 PPO cases where care costs are a component,  measures
             interest rates of  1.47%,  1.70%,  1.95%  and  1.66%
                                                                 the rate of change in the wages of carers. The current
             respectively. As a  result of the range of the increments
                                                                 assumption is that the rate of inflation in carers' wages
            analysed (and, for example, the long term nominal
                                                                 is  1.75%  higher than CPI  price inflation each year.
             interest rate of 0.66%),  results to the far left of the
            table imply a negative nominal discount rate.        The table that follows shows the effect on the value
                                                                 of the CNST provisions where this differential is varied
             For the clinical schemes, the changes in discount
                                                                 and, as the table shows, this is a  non-linear relationship.
             rates this year have had a  materially large impact
                                                                 An additional +/- 0.5%  difference between ASHE and
            on the IBNR provisions. This is because a  large
                                                                 CPI will either reduce the provision  by  11 %  or
             proportion (by value) of the provisions are expected
                                                                 increase it by  13%  respectively.
            to be paid  in  more than ten years' time and the long
            term discount rates have reduced significantly.

                                      Sensitivity of total provisions to ASHE assumptions (f m)
             Provisions                     All rates reduced by           Base               All rates increased by
                                                                    assumptions
                                      0.5% pa                %                           0.5% pa                %
             Known claims               30,948            -1 1 %          34,691           39,188             13%

             Settled PPOs               25,262            -15%            29,572           34,875             18%
             IBNR                       58,827             -8 %          64,288            70,684             1 0 %
             Total provisions          115,037            -11%           128,551          144,747             13%]]></page><page Index="170"><![CDATA[146                                                                                Financial statements



       Claims inflation
       The following table shows the effect on the value of the provisions of a +/-  1%  change to the


       claims inflation assumptions. An addition of +/-  1% to the claims inflation assumptions will reduce
       the value of the claims by 6%  or increase it by 7%  per annum. The effect of changes in the
       discount rate is not a symmetrical one -  due to the impacts of compound discounting.


                                    Sensitivity of provisions to claims inflation (f m)

        Provisions                     All rates reduced by           Base               All rates increased by
                                                              assumptions
                                  1% pa                %                             1% pa                %

        Known claims              33,875             -2 %           34,691           35,543              2 %
        Settled PPOs              29,572              0 %           29,572           29,572              0 %
        IBNR                      57,044             -1 1 %         64,288           72,722             13%

        Total provisions         120,491             -6%           128,551          137,837              7%


       Life expectancy
       The provisions in respect of PPOs are sensitive to the assumed life expectancy of claimants.


                                  Sensitivity of total provisions to life expectancy (f m)

        Provisions                     All rates reduced by           Base               All rates increased by
                                                              assumptions
                                  1% pa                %                             1% pa                %
        Known claims              32,614             -6 %           34,691           36,993              7%
        Settled PPOs              23,583            -2 0 %          29,572           36,559             24%

        IBNR                      57,092             -1 1 %         64,288           73,409             14%
        Total provisions         113,289            -12%           128,551          146,961             14%



       CNST Known claims sensitivity to changes in payment pattern
       Payment patterns are used to express the timing of when a claim is expected to be paid, defining the lag between the
       claim being reported and the claim paying out. The following table shows the effect on the value of the known claims
       provisions of a +/-  1 year adjustment to the claims payment pattern.  Lengthening the assumed payment dates by  1 year


       will increase the known claims provision by 3%, whilst shortening the payment pattern by 1 year reduces the provision by

       2%. The effect of changes in the payment pattern is not a symmetrical one, due to the impacts of compound discounting.

               Sensitivity of CNST known claims (excluding PPOs) provisions to claims payment pattern (f m)
        IBNR range              Reduced                %              Base        Increased               %
                                by 1 year                     assumptions          by 1 year
        Known claims              32,362             -2 %           33,016           33,974              3%]]></page><page Index="171"><![CDATA[NHS Resolution      Annual report and accounts 2021/22                                           147



             CNST IBNR:  reasonable range
            The CNST IBNR provision is the single largest element   For this assessment,  a number of assumptions are varied
            within the total provision.  Changes to the assumptions   together but the variations are limited to those that could
             underpinning this element have the greatest potential   have reasonably been chosen  based on the same analysis
            to affect the estimate of the total  provision.      of past data.  Changes in  individual assumptions may have
                                                                 a greater or smaller impact on the provisions estimate.
            The CNST IBNR provision in the accounts is based on a
            set of chosen assumptions.  It is possible to have a range   Although it should  be noted that this in  itself does not
            of different results if a different set of assumptions had   reflect the potential uncertainty in the assumptions
             been chosen. To illustrate this, a reasonable range is   underpinning the provision as future experience may
            shown in the following  material to demonstrate how   differ to the past, changes may occur in the claims
            different judgements on the main assumptions, given   and  legal environment, and the modelling approach
            the current environment and the same overall approach,   may not be a perfect representation of real  life.
            could result in different values for the provision.


             IBNR reasonable range                                        Value      Difference to accounts estimate
             Baseline CNST IBNR                                      £62.0 billion

             Reasonable upper range                                  £81.1  billion                        30.7%

             Reasonable lower range                                  £43.8 billion                         -29.4%



             In  prior years, the reasonable range has been derived by   CNST IBNR: sensitivity of provision
            varying the assumptions specified for PPO claims -  as   to other assumptions
            these are the most material assumptions in the CNST
                                                                 The sensitivity analysis that follows indicates how
             IBNR provisions.  Plowever as per last year, the reasonable
                                                                 wider variations in  individual assumptions would affect
             range presented this year also varies the assumptions
                                                                 the provision. This demonstrates the extent to which
            specified to allow for Covid-19. The impact of varying
                                                                 plausible differences between the assumptions chosen
            the Covid-19 assumption was c+£1.4 billion /-£0.9
                                                                 and actual future experience could affect future years'
             billion.  Given the reduced uncertainty around Covid-19
                                                                 provisions and the ultimate costs of settling claims.
            and the materiality of Covid-19 provisions, we have only
            varied the PPO assumptions.  Plence the results above   The ranges of the sensitivity tests that follow are based
            were achieved  by varying the following assumptions,   on the variability observed  in  past data. They do not
            all of which could  have reasonably been applied:    represent the maxima or minima of past observed values,
                                                                 nor the range of possible outcomes,  but they do capture
             •  The estimate for numbers of PPO damages claims
                                                                 future values that could  plausibly occur.  Each change
               for the incident years 2016/17 onwards;
                                                                 is shown separately,  but in  practice combinations are
             •  The probability of defence for PPO type claims;  possible, as different assumptions can  be correllated.
             •  The average cost for PPO damages;

             •  PPO damages claims inflation;
             •  The creation to settlement lag for PPO claims;

             •  The Covid-19 related claims costs.
             In summary, the provision  in the accounts for CNST
             IBNR could have been  reasonably set at a value
             between £43.8 billion and  £81.1  billion, if the
            same data,  method and approach were used, but
            different reasonable assumptions were selected
            on the basis of the past data. This is compared
            to the accounts estimate of £62.0 billion.]]></page><page Index="172"><![CDATA[148                                                                                Financial statements



       CNST IBNR sensitivities as at 31  March 2022

       Figure 32:
       The value and percentage impact of variations in the key assumptions within the CNST IBNR estimate




                50%
                       41%

























               -30%    -26%



                     HM Treasury  Future  IBNR claim  Average  Average  Differential Probability   Life  Change  Covid-19
                      discount  claims value  number  creation of  cost per  between  of a   expectancy  in PIDR  related
                       rates   inflation  (+/-10% for  claims to  claim  ASHE and successfully assumption  (+7-1%)  claims costs
                     (+/-1% pa)  (1% pa)  incident  payment  (+/- 20%)  CPI  defended   for PPOs  (double
                                        years   time lag        (+/- 0.5%  daim   (+7- 10%       or half)

                                       2016/17  ( >t  1year)      pa)    (if  5%)  change in life
                                       onwards)                                expectancy)

                                              H   Increase in assumption  ■   Decrease in assumption


       The sensitivities around these key assumptions      This year, there was a significant reduction in the long
       are explained earlier in this note.                 term and very long term discount rates prescribed  by
                                                           HM Treasury, which increased the provision significantly.
       Sensitivity to changes in the
                                                           This is because a  large proportion (by value) of the
       nominal  discount rate
                                                           IBNR provisions are expected to be paid  in  more
       Figure 33  is based on adjusting the nominal discount   than ten years' time and the long term discount
       rate by the increments shown. A change in the nominal   rate hasn't changed since last year.
       interest rate of +1 % would  represent short,  medium,  long
       term and very long term nominal interest rates of  1.47%,
       1.70%,1.95%  and  1.66%  respectively. As a result of the
       range of the increments analysed (and, for example, the
       long term nominal interest rate of  1.99%),  results to the
       left of the graph imply a negative nominal discount rate.]]></page><page Index="173"><![CDATA[NHS Resolution      Annual report and accounts 2021/22                                           149



            Figure 33:
            Sensitivity to changes in the nominal discount rate












              >
              s.
              0c
              z
              C3


                      3             -2             -1             +0             +1              +2            +3

                                                     Change in nominal discount rate (%)



            Sensitivity to differential  between ASHE and  CPI

            The ASHE index,  used  in the calculation of damages in  PPO cases where care costs are a component,  measures the
            rate of change in the wages of carers. The current assumption is that the rate of inflation in carers' wages is  1.75%
            higher than CPI  price inflation each year.  The graph shows the effect on the value of the CNST IBNR provision where
            this differential is varied and, as the following chart shows, this is a non-linear relationship. An additional +/- 0.5%
            difference between ASHE and CPI will either increase the provision  by 8%  or reduce it by 7%  respectively.



            Figure 34:
            Sensitivity to differential between ASHE and CPI]]></page><page Index="174"><![CDATA[150                                                                                Financial statements



       7.4.  Prior period adjustment -  known claims
       The known claims provision calculation (described at   As a  result of this review, we have concluded that this
       Note 7.2) uses the expected settlement date (ESD) from   approach should  have been applied to prior periods,
       individual claims recorded  in the Claims Management   drawing on the information that was available at the
       System (CMS) to apply inflation and discounting to   time, as it results in a better estimate of the known claims
       reach a valuation.  However, for the disclosure of the   provision. The prior period financial statements have
       expected timing of cashflows, this has historically been   therefore been  restated as required  by IAS 8 Accounting
       based on an actuarial view of settlement patterns.  Policies, Changes in Accounting  Estimates and  Errors.
       The ESD for individual  known claims is based on the   The closing position for the provision at 31  March
       judgement and experience of individual claims handlers   2021  has therefore been  increased  by £2.5  billion,
       informed by advice and regular review by panel lawyers   and a corresponding change to the provision expense
       (where instructed).  It is dynamic as it responds to   has been  made.  The prior year restatement has
       developments on the individual claim, which will  not   been confined to the CNST scheme on the basis the
       follow a prescribed timetable.  Claims handlers are   impact on the other schemes is not material (based
       required to keep this field under review and as part of   on the work done for the 2021/22 adjustment).
       their reporting  requirements,  panel law firms revise and
                                                           The opening position for the provision at  1 April 2020

       recommend any changes to the  ESD. This judgement is
                                                           for CNST only has also been  restated,  resulting  in an
       based on a range of factors pertinent to the individual
                                                           increase of £2.8 billion. Taken together with
       claim such as whether liability issues are clear or complex,
                                                           the restatement at 31  March 2021, there was
       or whether the claimant's condition can be assessed easily
                                                           a net reduction in the provision expense for the
       or requires further examination and expert evidence.
                                                           restated 2020/21  financial year of £0.3  billion.
       While these judgements may be reasonable at individual
                                                           The following table sets out the changes made to
       claim level, collectively they may be optimistic compared
                                                           the financial statements and  notes to the accounts
       to the number and value of claims that the legal
                                                           as a  result of the prior year restatement.
       and  health systems have the capacity to settle. The
       appropriateness of the ESD on individual cases is audited
       as part of the rolling audit programme internally and
       also when a claims handlers' financial authority limit is
       considered for review or approval. The audit considers
       the reasonableness of the claims handlers' judgement,
       based on the evidence available at that point in time.
       A difference between reasonable granular judgements
       taken together and likely cashflows is not unexpected.
       NHS Resolution  has had in place an actuarial view of the
       timing of cashflows (derived from historical settlement
       patterns) for the provisions disclosures in the accounts.
       However, the difference between these two views has
       diverged in 2021/22,  most likely due to the impact
       of the Covid-19 pandemic on the legal and  health
       operating environments. There has been an  increase
       in the volume and value of claims with a settlement
       date within a shorter timeframe. An adjustment to
       the known claims provision (£4.6 billion across all
       schemes at 2021/22  HM Treasury discount rates) has
       been  made to reflect an actuarial view of a slower
       settlement pattern than the claims ESDs suggest.]]></page><page Index="175"><![CDATA[NHS Resolution      Annual report and accounts 2021/22                                           151



             Statement/note                              Balance in 2020-21        Restatement    Revised balance in
                                                                 accounts                          2020-21 accounts
                                                                     £ 0 0 0             £ 0 0 0              £ 0 0 0
             Statement of comprehensive net expenditure
             Provision expense                                    488,632             (333,269)            155,363
             Total operating expenditure                          524,072             (333,269)            190,803
             Net operating expenditure                          (1,785,454)           (333,269)          (2,118,723)

             Net expenditure for the year                       (1,282,079)           (333,269)          (1,615,348)
             Comprehensive net expenditure for the year         (1,282,079)           (333,269)          (1,615,348)
             Statement of financial position

             Non-current liabilities: Provisions for           (37,210,538)         (2,457,088)         (39,667,626)
             liabilities and charges - known claims

             Total non-current liabilities                     (80,035,538)         (2,457,088)         (82,492,626)
             Total assets less liabilities                     (82,518,780)         (2,457,088)        (84,975,868)
             Taxpayers' equity: CNST reserve                   (76,299,316)         (2,457,088)        (78,756,404)
             Total taxpayers' equity                           (82,518,780)         (2,457,088)        (84,975,868)

             Statement of cash flows
             Net expenditure                                     1,282,079             333,269            1,615,348
             lncrease/(decrease) in provisions                  (1,268,026)           (333,269)          (1,601,295)

             Statement of changes in taxpayers' equity

             Balance at 1April 2020                            (83,998,661)         (2,790,357)         (86,789,018)
             Net expenditure for the year                        1,282,079             333,269            1,615,348

             Total recognised income and                       (82,716,582)         (2,457,088)         (85,173,670)
             expense as at 2 0 2 0 / 2 1
             Balance at 31  March 2021                         (82,519,780)         (2,456,088)        (84,975,868)
             2. Expenditure
             Increase in provision for known claims              4,044,297            (215,635)           3,828,662

             Change in the discount rate                          346,335             (117,634)            228,701
             Total expenditure                                   1,027,447            (333,269)            694,178
             2.1 Analysis of the provision expense
             Prior years incidents                               4,651,447            (333,269)           4,318,178

             Total prior years                                   7,456,992             333,269            7,790,261
             Total                                                992,007             (333,269)            658,738]]></page><page Index="176"><![CDATA[Statement/note                              Balance in 2020-21       Restatement     Revised balance in
                                                            accounts                          2020-21 accounts
                                                               £ 0 0 0              £ 0 0 0             £ 0 0 0
       7. Provisions for liabilities and charges (prior year)
       Opening provision for known claims                 84,053,266            2,790,357          86,843,623
       Provided in the year                                 8,731,112           (215,635)           8,515,477
       Change in discount rate                               155,335            (117,634)              37,701

       Movement in known claims                            2,442,974            (333,269)           2,109,705
       Closing provision for known claims                 39,960,240            2,457,088          42,417,328
       Total provision as at 31 March 2021                82,785,240            2,457,088          85,242,328

       Analysis of expected timing of discounted           67,112,324           2,457,088          69,569,412
       cash flow: Later than five years

       Total provision as at 31 March 2021                82,785,240            2,457,088          85,242,328
       8. Contingent liabilities
       Contingent liability as at 31  March 2021          46,079,751            1,392,285          47,472,036]]></page><page Index="177"><![CDATA[NHS Resolution      Annual report and accounts 2021/22                                           153



            8.    Contingent liabilities


                   Ex-RHA            ELS          CNST           DHSC           ELGP         ELSGP
                                                                clinical


                     £ 0 0 0        £ 0 0 0        £ 0 0 0       £ 0 0 0        £ 0 0 0       £ 0 0 0
              Contingent liability as at 31  March 2022

                         0       446,084     70,798,022        939,759             0        670,183


              Restated1contingent liability as at 31  March 2021
                    14,000       348,643     44,302,315        735,414       602,000        392,119



                    CNSGP           CNSC          DHSC            CTIS           PES           LTPS          Total
                                             non-clinical


                     £ 0 0 0        £ 0 0 0        £ 0 0 0       £ 0 0 0        £ 0 0 0       £ 0 0 0        £ 0 0 0
              Contingent liability as at 31  March 2022

                   462,758         54,077       108,543          2,000          9,181       177,015     73,664,622

              Restated contingent liability as at 31  March 2021

                   721,938        43,000         95,522          1 , 0 0 0      5,819       210,267     47,472,037


             NHS  Resolution makes a  provision in its accounts   As a result of the dissolution of NHS primary care trusts

            for the likely value of future claims payments and   and strategic health authorities (on  1 April 2013),  NHS
             records contingent liabilities that represent possible   Resolution  has taken on  responsibility for any outstanding
            claims payments additional to those already provided   criminal liabilities, on  behalf of the Secretary of State
            for. These amounts are not included  in the accounts,   for Health and Social Care. Any valid claims arising
             but shown as a Note to the financial statements     from the activities of those organisations will  be dealt
             because a transfer of economic benefit through      with by NHS  Resolution and funded  in full  by DHSC.
            the payment of damages is not deemed  likely.
                                                                 We have not determined a separate and
            The contingent liability represents an estimation of the   additional contingent liability for Covid-19 risks
            additional  provision  NHS  Resolution would  recognise in   because we have included explicit provisions
             its accounts if damage payments were awarded on all   for the material and quantifiable risks.
            claims, rather than taking  into account the probability
            of damages being  paid (i.e.  reflecting that typically
             many claims settle at nil). The known claims provision
             is calculated as the sum of outstanding reserve values
            (i.e. total claim value less payments) multiplied  by
            the probability of damages being paid, inflated and
            discounted to provide a present value of the claim  based
            on the expected settlement dates. The IBNR provisions
            calculation also includes probabilities of a claim being
             paid for each of the schemes. The contingent liability
             is then the difference between the total valuation
            of IBNR and  known claims (including estimations on
            claims which are ultimately expected to settle at nil)
            and the main valuation of known claims and  IBNR
            (which excludes claims expected to settle at nil).

             The balance at 31  March  2021  for the CNST scheme  has been  increased by £1,392  million to  reflect a  prior period adjustment
              for 2020/21  in  respect of the  revaluation of the  known  claims provision.  See  Note 7.4 for further details of the  revaluation.]]></page><page Index="178"><![CDATA[154                                                                                Financial statements



       9.   Commitments under operating leases
            The total future minimum lease payments under non-cancellable operating
            leases payable in each of the following periods are:


         Land and buildings                                                      2021/22            2020/21
                                                                                   £ 0 0 0             £ 0 0 0
        Amounts payable
                                        Within 1 year                                938               1,051

                                        Between 1  and 5  years                     4,417              3,685
                                        After 5 years                               5,677              5,737
                                                                                  11,032              10,473

        Other leases                                                             2021/22            2020/21
                                                                                   £ 0 0 0             £ 0 0 0
        Amounts payable

                                        Within 1 year                                 1 1                  0
                                        Between 1  and 5 years                        26                   0
                                        After 5 years                                  0                   0
                                                                     ■                37                   0






       10.  Related parties
       NHS Resolution  is a body corporate established  by order of the Secretary of State for Health and Social Care.
       DHSC  is regarded as a controlling related  party.  During the year,  NHS Resolution  has had a significant number
       of material transactions with  DHSC  and with other entities, to whom NHS Resolution  provides clinical and
       non-clinical risk pooling services, for which  DHSC  is regarded as the parent Department, for example:

         All clinical commissioning groups                    NHS Business Services Authority

         All commissioning support units                      NHS  England (NHSE) [which legally
                                                              merged with  NHS Improvement as a
         All  English  NHS foundation trusts
                                                              result of the  Health and Care Act 2022]
         All  English  NHS trusts
                                                              NHS  Property Services
          Care Quality Commission
                                                              NHS Trust Development Authority
                                                              (now part of NHSE/I)
          NHS Digital
                                                              Public Health  England
          Health  Education  England
                                                              NHS Counter Fraud Authority
          Health  Research Authority
          NHS Blood and Transplant]]></page><page Index="179"><![CDATA[NHS Resolution      Annual report and accounts 2021/22                                           155



             NHS Resolution directors and transactions with other organisations
            The following  individuals hold director positions within NHS Resolution and during the year NHS  Resolution has
            transacted with other organisations to which the directors are connected.  Details of these relationships and
            transactions are set out in the following material. The remuneration for executive and  non-executive directors
            for the roles they perform for NHS Resolution  is disclosed in the  Remuneration and staff report on page 84.
            The transactions between  NHS Resolution and the related  parties concern solely those arising from
             NHS  Resolution indemnity schemes,  not the individuals referred to in the following table.


              Name and      Party           Nature of          Payments       Receipts      Amount    Amount due
              position                      relationship      to related   from related     owed to    from related
              in NHS                                        organisation  organisation       related   organisation
              Resolution1                                                               organisation

                                                                  (£0 0 0 )     (£0 0 0 )     (£0 0 0 )     (£0 0 0 )

              Sir Sam       North East      Deputy                                 38
              Everington    London Clinical   Clinical Chair
              OBE           Commissioning
                            Group
              Associate
              Non­
              Executive
              Member

                            Tower Hamlets   Clinical Chair                          1                           1
                            CCG (replaced
                            by North East
                            London CCG)

                            Leeds Teaching   Related party                     42,643                          40
              DHSC1                                                 1 0 1
                            Hospital        to DHSC
                            NHS Trust

                            Lincolnshire    Related party                         919
              DHSC1                                                                                             2
                            Partnership     to DHSC
                            NHS
                            Foundation
                            Trust

























             The  Department of Health and Social Care (DHSC) have provided  us with a  list of individuals and entities which are deemed
              to be  related  parties of theirs for this financial year. These entities are deemed to  related parties of NHS  Resolution for the
              purposes of IAS 24 Related  Party Disclosures.  In addition, an  irrecoverable debt of £30,518, for amounts charged to The
              Ministry of Defence (also a  related  party of DHSC)  in a  previous financial year, was written off at 31  March 2022.]]></page><page Index="180"><![CDATA[156                                                                                Financial statements



       11.  Financial instruments                          Market risk (including foreign
                                                           currency and interest rate risk)
       IFRS 7  Financial Instruments:  Disclosures requires
       disclosure of the role that financial  instruments have   None of NHS  Resolution's financial assets and
       had during the period  in creating or changing the risks   liabilities carry rates of interest.  NHS  Resolution  has
       an entity faces in  undertaking  its activities.  Because   negligible foreign currency income and expenditure.
       of the way Special  Health Authorities are financed,  NHS  Resolution is therefore not exposed to
       NHS  Resolution  is not exposed to the degree of    significant interest rate or foreign currency risk.
       financial  risk faced by business entities.  In addition,   Credit risk
       financial  instruments play a  much  more limited  role
                                                           As the majority of NHS  Resolution's income
       in creating or changing risk than would  be typical of
                                                           comes from contracts with other NHS bodies,
       the listed companies to which  IFRS 7  mainly applies.
                                                           NHS  Resolution has low exposure to credit risk.
       NHS  Resolution  has limited  powers to borrow or
                                                           The maximum exposures are in  receivables from
       invest surplus funds.  Financial assets and  liabilities
                                                           customers, as disclosed in Note 4:  Receivables.
       are generated  by day-to-day operational activities,
       rather than  being  held to changes within the risks   12.  Events after the reporting period
       facing NHS  Resolution in undertaking  its activities.
                                                           These financial statements were authorised for
       NHS  Resolution  holds financial assets in the form of NHS
                                                           issue on the date that the Comptroller and
       and other receivables, and cash, as set out in Notes 4
                                                           Auditor General certified the accounts.
       and  5  respectively, and financial  liabilities in the form of
       NHS and other payables, as set out in  Note 6. As these
       receivables and  payables are due to mature or become
       payable within twelve months from the Statement
       of Financial  Position date,  NHS  Resolution considers
       that the carrying value is a reasonable approximation
       to fair value for these financial  instruments.

       Liquidity risk
       NHS  Resolution's net expenditure is financed from
       resources voted annually by Parliament and scheme
       contributions from NHS  member organisations.
       NHS  Resolution finances its capital expenditure
       from funds made available from  Government under
       an agreed capital resource limit.  NHS  Resolution is
       therefore not exposed to significant liquidity risks.]]></page><page Index="181"><![CDATA[NHS Resolution      Annual  report and accounts 2021/22                                          157





                     Reference]]></page><page Index="182"><![CDATA[158





       Glossary



       An online glossary is now available to support this document at
       https://resolution.nhs.uk/alossarv/7fwp  glossary  topic=annual-report-and-accounts]]></page><page Index="183"><![CDATA[NHS Resolution      Annual report and accounts 2021/22                                           159





            Appendix



             Our indemnity schemes
            The bulk of our workload  is handling negligence claims arising
            from  NHS healthcare in  England. We manage eight clinical

             negligence schemes and four non-clinical schemes.


            The eight clinical negligence schemes we manage are:
             •  Clinical Negligence Scheme for Trusts (CNST)     •  Clinical Negligence Scheme for Coronavirus
               which covers clinical negligence claims for         (CNSC), a scheme launched on 3 April 2020 to

               incidents occurring on or after  1 April  1995.     meet clinical  liabilities arising from certain special
                                                                   healthcare arrangements that were put in  place
             •  Existing Liabilities Scheme (ELS) which is
                                                                   in response to the coronavirus pandemic where
               centrally funded by the Department of Health
                                                                   no other indemnity or insurance arrangements
               and Social Care (DHSC) and covers clinical
                                                                   are in  place already to cover such  liabilities.
               negligence claims against NHS organisations

               for incidents occurring  before  1 April  1995.   We also manage two non-clinical schemes under the
                                                                 heading of the Risk Pooling Schemes for Trusts (RPST):
             •  Ex-Regional Health Authority Scheme
               (Ex-RHA) which  is a relatively small scheme,     •  Property Expenses Scheme (PES) which covers
               centrally funded by DHSC, covering clinical         'first party' losses such as property damage and
               negligence claims against former Regional           theft, for incidents on or after  1 April  1999.

               Health Authorities abolished  in  1996.
                                                                 •  Liabilities to Third Parties Scheme (LTPS) which
             •  DHSC clinical which covers clinical  negligence    covers non-clinical claims such as public and employers'
               liabilities that have transferred to the Secretary   liability for incidents on or after  1 April  1999.

               of State for Health and Social Care following
                                                                 In addition, we manage two other non-clinical schemes:
               the abolition of any relevant health bodies:
               these are centrally funded by DHSC.               •  DHSC non-clinical which covers non-clinical
                                                                   negligence liabilities that have transferred to the
             •  Clinical Negligence Scheme for General
                                                                   Secretary of State for Health and Social Care following
               Practice (CNSGP) which covers clinical
                                                                   the abolition of any relevant health  bodies.
               negligence claims for incidents occurring  in

               general  practice on or after  1 April 2019.      •  Coronavirus Temporary Indemnity Scheme
                                                                   (CTIS) which  provided state cover until 31  March
             •  Existing Liabilities for General Practice (ELGP)
                                                                   2022 for employer's liability and  public liability, to
               which covered  interim arrangements relating to existing
                                                                   fill gaps where designated care home settings were
               liabilities agreed with a medical defence organisation
                                                                   unable to secure sufficient private insurance cover.
               (MDO) under which NHS Resolution carried out
               the Secretary of State's oversight and governance
               responsibilities, and  having completed this work this
               scheme is now closed. The legal and operational
               responsibility of handling claims within scope of those
               interim arrangements remained with the  MDO until
               31  March 2021  and  now operational responsibility of
               handling claims has transferred to NHS  Resolution.
             •  Existing Liabilities Scheme for General Practice
               (ELSGP) which covers claims for historical  NHS clinical
               negligence and other tortious incidents of GP members
               of participating medical defence organisations occurring

               at any time before  1 April 2019. This scheme covered
               members of Medical and  Dental Defence Union of
               Scotland from 6 April 2020 and was extended to

               Medical  Protection Society members from  1 April 2021.]]></page><page Index="184"><![CDATA[8th Floor
             10 South Colonnade
            Canary Wharf
             London, E14 4PU
            Telephone 020 7811  2700
             Fax 020 7821  0029

            Arena Point, Merrion Way
             Leeds LS2 8PA
            Telephone 0113 866 5500

            www.resolution.nhs.uk









            Published: 20 July 2022


             □ □  disability   INVESTORS INPEOPLE                                          Apprenticeships

             □□confident       We invest in people  Silver
             ------  EMPLOYER  ------


                                                                                        ISBN 978-1-5286-3647-6
                                                                                                   E02775621]]></page></pages></Search>
