The Welsh Risk Pool has delegated responsibility for the management of certain claims brought in NHS Wales. The Welsh Risk Pool team occupies the role of client and instructs the relevant legal team to conduct the matter as appropriate. The NWSSP Scheme of Delegation outlines that responsibility for decisions on settlement of delegated cases are devolved to the Director and Deputy Director of Legal and Risk Services and authorisation of payments in delegated cases is allocated to members of the Welsh Risk Pool team and members of the NWSSP Leadership Team.
There are two main types of delegated case:
Former Health Authority Claims are historic matters that involve a liability for a health body in Wales which no longer exists. When NHS Trusts were formed during the mid-1990’s, the Health Authorities which they replaced did not transfer their legal liabilities to the new organisation. This means that the Health Boards and Trusts which have subsequently replaced the earlier NHS Trusts do not hold legacy liabilities prior to the establishment of the NHS Trusts. Through its’ Establishment Order, Welsh Government has allocated Powys Teaching Health Board (PTHB) with liability for these legacy claims. To reduce the burden on the current Health Board, all Former Health Authority matters are wholly delegated to the Welsh Risk Pool and all costs and payments transacted by the Welsh Risk Pool, whilst PTHB remains the technical defendant.
Former GP Trainee Claims relate to index events prior to the introduction of the General Medical Practice Indemnity Scheme (GMPI) where doctors in training for general practice were employed by Velindre University NHS Trust / NHS Wales Shared Services Partnership as a Single Lead Employer. Liability in these cases is managed by the Welsh Risk Pool directly.
Former Health Authority Cases 2023/24
As part of the governance of these cases, the cases which are closed during a financial year are reported to the Welsh Risk Pool Committee at the end of the year. The information is also shared with PTHB.
Six new Former Health Authority Personal Injury cases were received in 2023/24
There were no Former Health Authority Cases closed in 2023/2024
The number of Former Health Authority Personal Injury cases currently open is 12
The number of Former Health Authority Clinical Negligence cases currently open is 1 and this matter is in the process of being settled and will form a PPO.
Former GP Trainee Cases 2023/24
Five new Former GP Trainee cases were received in 2023/2024
The number of Former GP Trainee Cases closed or discontinued in 2023/2024 was 8
The number of Former GP Trainee cases currently open is 10