Recommendation 95

Care Quality Commission access to NHS Litigation Authority reports

As the interests of patient safety should prevail over the narrow litigation interest under which confidentiality or even privilege might be claimed over risk reports, consideration should also be given to allowing the Care Quality Commission access to these reports.

In response to the Caldicott Review, Information: To Share or Not to Share, the Department of Health stated that health and care professionals must make decisions about how information is shared and used in the best interests of people and patients using the five rules of confidentiality set out in new Health and Social Care Information Centre’s guidance, Guide to Confidentiality in Health and Social Care. 

The NHS Litigation Authority also supports the view that patient safety should prevail over litigation interests. It actively supports explanations and apologies and will never refuse to indemnify a member because they have apologised. It shares information which supports learning from claims with the NHS and makes such information available to members and where appropriate, other stakeholders. The NHS Litigation Authority is sharing relevant claims information as part of the Care Quality Commission’s inspection regime. The NHS Litigation Authority is also putting in place an information sharing agreement with regulators to enable us to share relevant information.


The NHS Litigation Authority shares relevant claims information (with due regard to data protection and patient confidentiality) as part of the Care Quality Commission’s inspections regime and where appropriate with other regulators. The NHS Litigation Authority has published a set of data sharing principles which sets out the basis upon which it will share data whilst appropriately maintaining confidentiality. The overriding principle is to share information to support patient safety.