HC Deb 23 April 1996 vol 276 c108W
Ms Harman

To ask the Secretary of State for Health if he will list the changes in the maximum amount of ex gratia payments which an individual NHS hospital trust can give without referral to the NHS executive over the past five years. [25941]

Mr. Horam

The delegated limit to individual national health service trusts for all ex gratia payments from inception to July 1995 was £5, 000. In July 1995 the delegated limit in respect of ex gratia payments for clinical negligence and personal injury cases involving negligence was increased to £1 million, for those cases where appropriate qualified legal advice had been obtained and where departmental guidance is followed. In cases where the appropriate legal advice was not obtained the limit remained at £5,000.

The revised losses and special payments guidance issued in December 1995 promulgated new limits as follows:

To patients and staff for loss of personal effects 50,000
For clinical negligence—negotiated settlements following legal advice—where the guidance relating to such payments has been applied 11,000,000
For personal injury claims involving negligence where legal advice obtained and relevant guidance has been applied 11,000,000
Other clinical negligence cases and personal injury claims 50,000
Other, except cases of maladministration where there was no financial loss by claimant 50,000
Maladministration where there was no financial loss by claimant Nil
Patient referrals outside the UK and European Economic Area guidelines Nil
1including plaintiff's costs