§ Lord Kennetasked Her Majesty's Government:
What is the status in law of various provisions in the Patient's Charter and whether patients whose "rights" are not met will be entitled to legal aid in pursuit of these rights.
§ The Parliamentary Under-Secretary of State for Health (Baroness Hooper)The ten rights contained in the Patient's Charter are either legal rights or derive from duties imposed on health authorities or general practitioners. They are intended mainly to be enforceable through complaints procedures, rather than through the courts. There are no changes planned to the legal aid scheme specifically to cover enforcement of the rights in the charter. However, a person will be eligible for legal aid on normal principles of assessment, if he wishes to pursue any case which he may have (e.g., in negligence) arising out of the denial of his rights. Help with costs of legal advice may also be applied for through the advice and assistance scheme.