GovWire

The publication of responses was delayed to enable consideration alongside the findings of the 2020 Paterson inquiry. The governments response to the Paterson inquiry committed to publishing this summary in 2022. We are grateful to all those who contributed.

This consultation sought views on 2 options regarding appropriate clinical cover for regulated healthcare professionals:

1. To leave arrangements as they currently are (thereby permitting discretionary indemnity cover to remain in the market without regulatory oversight).
2. To change legislation to ensure that all healthcare professionals not covered by a state-backed indemnity scheme hold appropriate clinical cover that is subject to appropriate supervision in the case of UK insurers by the Financial Conduct Authority and Prudential Regulation Authority.

The governments preferred option (subject to the outcome of the consultation) was option 2. However, the consultation recognised that there could be difficulties arising from a move to regulated products, including in any transition. The consultation also asked a range of further questions on related issues.

The consultation generated 101 responses. The majority of respondents who answered the question were in support of the governments preferred option 2. Overall, it was recognised that this would bring additional costs, but the majority of respondents said that the perceived benefits (including greater consumer confidence, increased transparency for healthcare professionals, and greater security and certainty of cover) would outweigh these costs.

Next steps

In December 2021, the government set out next steps on appropriate clinical negligence cover in its response to recommendation 10 of the Paterson inquiry report. We continue to work closely with stakeholders on these issues, taking account of the responses to this consultation along with wider evidence we are collecting.

The government will provide further updates on these issues in its wider progress reporting against the recommendations in the Paterson inquiry implementation update.