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.
HSSIB is fully independent arm’s length body of the Department of Health and Social Care. It is independent of the NHS, it is hosted under the Care Quality Commission (CQC)
Their 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 any action needs to be taken against an individual by a regulatory body. They 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 Frameworks (PSIRF), formerly Serious Incident Reporting. Where the patient safety incident meets the definition of a notifiable patient safety incident, notification and investigation of the incident 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. Please click on the links for more information on PSIRF and the Duty of Candour.
HSSIB cannot investigate individual incidents, resolve complaints, or act on behalf of patients or families. However, it is still worth reporting your concerns to HSSIB as they will note your concerns and those raised by other members of the public about the same issue. HSSIB periodically review the issues brought to their attention, where there is a pattern and/or growing evidence that the issue is of increasing concern to the public then they may consider carrying out a investigation into it.
They can investigate patient safety concerns that:
Health Services Safety Investigations Body (HSSIB) investigations can consider healthcare provided in the NHS and 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 HSSIB decide whether a patient safety issue should be investigated it will look at its own criteria which means they will consider:
1. The scale of the actual or potential harm to patients and/or staff: HSSIB will look at the extent to which the issue has contributed to actual or potential harm to patients across the healthcare system and whether it has caused or is causing minor, moderate or major harm. 2. The scale of the healthcare issue: How widespread the issue is across the healthcare system. 3. Health inequalities: HSSIB will ask, is the safety issue associated with health inequalities? and if so, the extent to which it is associated. 4. Potential to drive improvement in relation to a patient safety issue.
There are a number of ways the HSSIB becomes aware of cases:
If HSSIB decide to investigate they will gather a range of evidence which can include:
HSSIB aims to:
For additional information for patients and families please see:
hssib.org.uk/investigation-process/information-for-patients-and-families/
For detailed information on the evidence they gather and how they investigate such as the methods used , resources referred to and expert advice please see:
Once an investigation has been completed 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 in the patient safety investigations section.
Findings include:
For further information please see:
hssib.org.uk/investigation-process/findings-and-safety-recommendations/
Please note that because HSSIB investigations are carried out under the safe space principle (see above information on safe space) that means any information provided to HSSIB 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 information is if a High Court Judge orders this which they are extremely unlikely to do.
You can tell HSSIB your concerns about a healthcare experience you as a patient or a family member may have experienced in three ways:
If you would like to tell HSSIB about a concern using a different language or format, you can email insights@hssib.org.uk or leave a message on answerphone on 01252 222200.
They will send you an acknowledgement and may seek to get additional information from you. All information shared is treated in the strictest confidence.
Avma has a team of Medico Legal Advisors 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: