10. Short Debate: Putting things right? Shortcomings in the case of Kelly Wilson and exploring the extent to which the culture and processes within the NHS have changed

Part of the debate – in the Senedd at 5:55 pm on 10 March 2021.

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Photo of Vaughan Gething Vaughan Gething Labour 5:55, 10 March 2021

It is significant that the new arrangements introduced a single and consistent method for grading and investigating concerns. Again, it places a strong emphasis on patient safety and experience. Improvement in safety and experiences are objectives from the complaints process now. For example, there's a requirement placed on all NHS providers to report on the number and types of concerns made each year, to summarise the actions taken to improve services as a result, and how many complainants have been notified. 

We are, I think, rightly proud that in Wales we have NHS redress arrangements now that were introduced as part of 'Putting Things Right' in 2011. We're the only UK country to operate such a scheme. It provides free and independent legal advice, and instruction of independent clinical experts to patients when, on investigating a complaint, it becomes apparent that an NHS body or the treatment it provided was or may have been negligent and a claim was worth up to £25,000. Our redress has succeeded in improving access to justice for patients who have clinical negligence claims. It also results in much quicker resolution of potential claims when compared to the traditional litigation process. And it means the costs of resolving low-value financial claims are proportional to the damages awarded. 

Even though 'Putting Things Right' has completely overhauled what was an outdated system for dealing with NHS complaints, we have not stood still. The 'Putting Things Right' process was reviewed by Keith Evans in his report, 'Using the Gift of Complaints', that was published in July 2014. That review concluded that 'Putting Things Right' was a sound process, but it made recommendations for improvements. One of the issues related to a national platform to collect complaints data in a consistent way, and the NHS, with Welsh Government support, is currently working on a 'once for Wales' concerns management system that should help to further standardise the way that NHS bodies in Wales record their complaints and concerns data.

That will bring more consistency again to the way that data is both recorded and then reported right across Wales. However, the next major step forward will be seen when we implement fully the Health and Social Care (Quality and Engagement) (Wales) Act 2020 and bring into force the duties of quality and candour. As Members will know, the new duty of quality will apply to all NHS bodies in Wales. It requires them to exercise their functions with a view to securing improvement in the quality of health services. 'Quality' in the Act is defined to specifically include patient experience, which would encompass experience in using complaints processes and procedures.

There is international evidence that increased openness and transparency are associated with the delivery of higher quality care. Organisations with open and transparent cultures are more likely to spend time learning from incidents, and they are more likely to have processes in place to support staff and service users when things go wrong, as they will do from time to time, because it is inevitable when delivering complex services that sometimes things do go wrong. But when they do, the way in which organisations deal with those situations becomes very important, and can make a huge difference to people's experience and their ongoing relationship with the care provider. That is of vital importance in healthcare settings, where patients often need to have those ongoing relationships. 

In general, patients and service users want to be told honestly what happened, and to be reassured that everything is being done to learn from what has gone wrong, and that's why we're introducing the duty of candour in Wales. Under the terms of the Act passed in this Senedd term, it will apply to all NHS bodies and to primary care providers in Wales, and independent healthcare providers in Wales, through regulations made under the Care Standards Act 2000. The duty will build on and cement the 'being open' principles in the current 'Putting Things Right' process. 

I do want to say that the Member asked a number of specific questions about his constituent that I can't answer in this debate. My officials will review the Record, but it may help if the Member puts those in the form of a letter as well, so I can respond properly to him, to make sure that they aren't lost in the Record, or the potential for the pre-election period to interrupt that work, because I do want to make sure we don't lose sight of the individual and her family that the Member has raised issues on behalf of today.

But I do want to reiterate the importance of robust, open, and honest complaints procedures, alongside a duty of candour, and I can say very clearly that I really am sorry that the Member's constituents—this family—did have such a poor experience of NHS care and the complaints process. Since then, our complaints processes here in Wales have changed almost beyond recognition, but there is still much more to do to ensure that we do continue to improve, more to do with the introduction of the duty of candour in practical terms, and our overarching aim is to listen, to learn, and improve. I hope that, in future, the Member, other families and other constituents across Wales will find a better process for care and the experience afterwards if things do go wrong. Thank you for your time today. Thank you, Deputy Presiding Officer.