F92 Response Accepted

NHS Litigation Authority Improvement of risk management

Recommendation

The financial incentives at levels below level 3 should be adjusted to maximise the motivation to reach level 3.

Published Evidence Summary
The following publicly available evidence relates to this recommendation:
- NHS Resolution (formerly the NHS Litigation Authority) operated a Clinical Risk Management Standards (CRMS) assessment scheme with three levels, where trusts assessed at level 3 received larger premium discounts than those at lower levels. This was the scheme to which the recommendation referred.
- NHS Resolution discontinued the three-level CRMS assessment programme. The maternity incentive scheme (MIS), introduced in 2018, replaced the previous broad risk management assessment approach for maternity services with a specific set of ten safety actions that trusts must demonstrate compliance with to qualify for a contribution rebate. Year 6 of the MIS (2024-25) provides financial incentives linked to meeting specific safety standards (CNST Maternity Incentive Scheme Year 6, NHS Resolution).
- NHS Resolution's Safety and Learning team publishes thematic reviews, scorecards and claims data analysis to support trusts in improving patient safety. The organisation's annual report (2023-24) states its strategy is to focus on "incentivising a reduction in harm" through learning and early resolution rather than through the previous three-tiered risk management assessment system (NHS Resolution annual report 2023-24).
- No published evidence has been identified that the specific three-level financial incentive structure was adjusted as recommended before the scheme was discontinued.
How was this evidence gathered?
Evidence searched by Claude (Anthropic) on 10 Apr 2026
Checked data held on this site (government responses, progress updates, independent evidence)
Jurisdiction
England
Response
Accepted
Accepted Department of Health and Social Care
19 Nov 2013

The government published "Hard Truths: the Journey to Putting Patients First" (Cm 8777) on 19 November 2013, responding to all 290 recommendations of the Francis Report. This followed an initial response "Patients First and Foremost" in March 2013. Key reforms included a new Chief Inspector of Hospitals, strengthened Care Quality Commission inspection regime, a statutory duty of candour, and the fit and proper person test for NHS directors. Volume 2 (Cm 8754) contains the government's detailed responses to each of the 290 recommendations. See: https://assets.publishing.service.gov.uk/media/5a7cd486ed915d63cc65d167/34658_Cm_8777_Vol_1_accessible.pdf

Read Full Response
Note: Government responded via "Hard Truths: The Journey to Putting Patients First" (2014), a single document covering all 290 recommendations with a blanket acceptance. Individual recommendation responses were not broken out.
Published Evidence

Published assessments of progress from inspectorates, select committees, official progress reports, and other sources. Source type badge indicates whether each assessment is independent or government self-reported.

Confirmed Completed
30 Jun 2024
NHS England - Learn from Patient Safety Events

Learn from Patient Safety Events (LFPSE) service replaced the National Reporting and Learning System (NRLS). NRLS fully decommissioned 30 June 2024. LFPSE has broader coverage including primary care, uses machine learning for analysis and improved trend identification.

Learn from Patient Safety Events Service View Source
Confirmed Completed
01 Oct 2023
Legislation - Health Services Safety Investigations Body

HSSIB formally launched 1 October 2023 as independent statutory body under Health and Care Act 2022. Replaced HSIB (non-statutory, established 2016). Has statutory "safe space" protections, powers of entry, inspection and seizure. Conducts system-focused patient safety investigations.

Health and Care Act 2022, Part 4 View Source
Confirmed Completed
01 Oct 2023
NHS England - Patient Safety Incident Response Framework

Patient Safety Incident Response Framework (PSIRF) replaced the Serious Incident Framework from Autumn 2023. Shifts from individual blame to system-based learning approaches. Mandatory for all NHS-funded secondary care providers. Part of NHS Patient Safety Strategy (July 2019).

Patient Safety Incident Response Framework View Source
Reasonable Progress
06 Feb 2023
Academic Review - Ten Years After Francis

Research published 2023 marking ten years since the Francis Report found mixed results. Structural and legislative changes largely delivered (duty of candour, FPPR, CQC overhaul, revalidation, Freedom to Speak Up Guardians). However, cultural change not fully embedded; understaffing, fear of speaking up, and poor complaint handling persist in parts of the NHS.

University of Birmingham: Ten years after Francis View Source
Good Progress
11 Feb 2015
UK Government - Culture Change in the NHS

Government published "Culture Change in the NHS" (Cm 9009) reporting progress on all 290 recommendations. Key achievements: 19 hospitals placed in special measures; those trusts recruited 109 additional doctors and 1,805 additional nurses; 129 board-level changes made; excess avoidable deaths fell by 450 in less than a year.

Good Progress
19 Nov 2013
UK Government - Hard Truths Vol 1 & 2

Government published "Hard Truths: The Journey to Putting Patients First" (Cm 8777) in two volumes. Vol 1 set out new actions; Vol 2 provided detailed response to each of the 290 recommendations. Approximately 204 of 290 recommendations were fully accepted.

Source
Report Report of the Mid Staffordshire NHS Foundation Trust Public Inquiry 06 Feb 2013
Recommendation age 13.3 yrs
Last formal update 4576 days ago