Commitments to give the Health Service Safety Investigations Body (HSSIB) the power to investigate healthcare incidents and extend its remit to cover independent healthcare are among the standout proposals in the government’s Health and Care Bill.
The body has been responsible for conducting independent investigations of patient safety concerns in NHS-funded care across England since 2017.
Details of the Bill were revealed in background briefing notes to today’s Queen’s Speech. The Bill also contains a proposal to extend HSSIB’s remit to cover healthcare provided in and by the independent sector.
Dr Rob Hendry, medical director at Medical Protection Society (MPS), welcomed the proposals, adding that the society has long called for the government to give the HSSIB a statutory underpinning so that individuals, and the comments they make during an investigation, are legally protected.
“If we are to create an open learning culture in healthcare, where mistakes can be discussed and learnt from, we need appropriate ‘safe spaces’ for all healthcare professionals so they can fulfil their professional obligations and desire to be reflective following adverse events, while not feeling like they are incriminating themselves.
“The confirmation in the Queen’s Speech that legislation will be brought forward this year is a positive step, and we also welcome the government’s intention to broaden the remit of the HSSIB so it covers privately funded care as well as NHS funded care.
“This will support the broader whole systems approach to patient safety with learning opportunities shared across the healthcare system.”
Hendry added that healthcare professionals will need to have trust and confidence in the body.
“A previous draft version of the legislation included provisions that dealt with the admissibility of reports for regulatory proceedings against healthcare professionals, as well civil or criminal court proceedings,” he continued.
“This is a crucial point – if the ‘safe space’ can be easily lifted, meaning investigation reports can be disclosed, this may inhibit openness and undermine the process. We will be scrutinising the Bill to ensure the right protections are in place.”
The Bill also contains measures to make it easier for different parts of the health and care system, including doctors and nurses, carers, local government officials and the voluntary sector to work together to provide joined-up services.
Furthermore it will seek to support the country’s ageing population, tackle health inequalities, tailor support to the needs of local populations, and enhance patient safety and quality in the provision of healthcare services.
There are also measures to ensure the NHS and the wider system can respond swiftly to emerging issues while being fully accountable to the public.