Contact James Bell (020 7566 5286, JBell@kingsleynapley.co.uk) or Dawn Treloar (020 3535
1671, DTreloar@kingsleynapley.co.uk), specialist clinical negligence Partners at Kingsley Napley, for a free, no-obligation discussion. Find out more about our clinical negligence team.
The Health Services Safety Investigation Body (HSSIB) is a fully independent body of the Department of Health and Social Care (DHSC). It is independent of the NHS, hosted under the Care Quality Commission (CQC)
The HSSIB’s role is to carry out independent patient safety investigations that do not find blame or civil or criminal liability with individuals or organisations. HSSIB investigations do not decide whether action needs to be taken against an individual by a regulatory body and do not name individuals concerned.
HSSIB investigations are carried out using the principle of a safe space. This means that information staff provide as part of a health service investigation will be kept confidential, except where there is an immediate risk to patient safety or where the High Court orders disclosure of the information provided.
HSSIB investigations do not replace any existing investigations or other processes that individual patients or families may use to help them address a patient safety concern, such as NHS complaints or Patient Safety Incident Response Framework (PSIRF) investigations. Where the incident meets the definition of a notifiable patient safety incident, notification and investigation of under the statutory duty of candour must still be carried out regardless of whether HSSIB investigates. HSSIB investigations cannot investigate individual incidents, resolve complaints, or act on behalf of patients or families.
It is still worth reporting your concerns to the HSSIB, as they will note your concerns and those raised by other members of the public about the same issue. The HSSIB periodically reviews issues brought to its attention, and where there is a pattern or growing evidence that the issue is of increasing concern to the public, they may consider carrying out a investigation into it.
The HSSIB can investigate patient safety concerns that:
HSSIB investigations can also consider healthcare provided in the independent sector, where safety learning could also help to improve NHS care. There are four key principles that determine whether they investigate; to help the HSSIB decide whether a patient safety issue should be investigated, it will look at its own criteria, which means they will consider the following:
There are a number of ways the HSSIB becomes aware of cases:
If the HSSIB decides to investigate, it will gather a range of evidence which can include speaking with patient and families and reviewing relevant medical records, local policies, and incident reports. The HSSIB aims to:
The HSSIB’s website has a number of pages with helpful information:
The HSSIB has extended powers to enter premises, investigate, and seize items from premises including documents and equipment. It also has the power to compel people to speak with the organisation.
Once an investigation has been completed, the HSSIB will share investigation reports for comment and feedback before they publish a final report, to help them check and challenge their findings, safety recommendations, and other safety learning.
Their investigation reports produce findings that identify where action can be taken to improve patient safety. These are shared in full in HSSIB reports, which are published on their patient safety investigations webpage.
Findings include:
Please note: Because HSSIB investigations are carried out under the safe space principle, any information provided to them during their investigations is protected. You will not be entitled to hear or see any statements, evidence, or other information which might have been provided to the investigating team even if you bring legal proceedings. The only way you can see this is if a High Court judge orders this — which they are extremely unlikely to do.
You can tell the HSSIB your concerns about a healthcare experience you as a patient or a family member may have experienced by completing their online form or emailing investigations@hssib.org.uk. If you would like to tell the HSSIB about a concern using a different language or format, you can request this by email. They will send you an acknowledgement and may ask for additional information. All information shared is treated in strict confidence.
Avma has a team of medico-legal advisers who are all either medically and/or legally trained and can provide advice and assistance on a wide range of issues relating to concerns you may have about your medical care.
Typically, we can: