Clinical Negligence (Hansard, 5 November 2001)

§ Mr. Dobson
To ask the Parliamentary Secretary, Lord Chancellor's Department in each of the last five years for which figures are available, how many applications for legal aid in claims for clinical negligence against the NHS were(a) accepted and (b) rejected. [11956]

§ Ms Rosie Winterton
The Legal Services Commission does not record case data in a way that would enable an answer to be given to the exact question asked.
The number of certificates issued by the Commission for legal aid relating to all claims for clinical negligence was as follows:

(a) in 1996–97: 9,165;

(b) in 1997–98: 11,899;

(c) in 1998–99: 7,867;
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(d) in 1999–2000: 7,375; and

(e) in 2000–01: 7,329.

It is not possible to say, at this level of detail, how many applications were accepted and rejected. Approximate refusal rates are available for the last two years:

in 1999–2000: 10 per cent.

in 2000–01: 8 per cent.

In addition to this refusal rate, a number of offers of legal aid are not pursued. This figure is in the order of 10 per cent. of applications received.
It is not possible to separate applications from claimants and defendants, or those which involve the NHS from those which do not.

§ Mr. Dobson
To ask the Parliamentary Secretary, Lord Chancellor's Department what was the cost, in each of the last five years for which figures are available, of legal aid in claims for clinical negligence against the NHS. [11955]

§ Ms Rosie Winterton
The Legal Services Commission does not record case data in a way that would enable an answer to be given to the exact question asked.
The Commission records the value of main bills paid, comprising solicitors' costs, disbursements and counsels' fees. The total figures for each year also include the value of claims which are met in full by the opponents. The net cost to the Commission of clinical negligence cases is therefore less than the figures given:

(a) in 1996–97: £56.9 million;

(b) in 1997–98: £64.4 million;

(c) in 1998–99: £64.6 million;

(d) in 1999–2000: £60.6 million; and

(e) in 2000–01: £52.8 million.

It is not possible to separate claims against the NHS from claims against GPs and dentists; or can the Commission differentiate between NHS defendants and non-NHS defendants.
Prior to the introduction of civil contracting in January 2000, clinical negligence was not separately identified as a category of advice work. The figures therefore do not provide information regarding payments for advice and assistance work done under the former 'green form' system.