Parliament Committee back Bill which would establish a Patient Safety Commissioner for Scotland

The Bill has been proposed as the result of the Independent Medicines and Medical Devices Safety Review led by Baroness Julia Cumberlege - the so-called ‘Cumberlege review’. This recommended the establishment of a Patient Safety Commissioner as “an independent public leader with a statutory responsibility”.

The Committee has agreed that the Patient Safety Commissioner for Scotland should be independent from the Scottish Government and that this will help instil public trust in the new role. To this end, it has endorsed proposals that the Commissioner be appointed by the Scottish Parliamentary Corporate Body and accountable to the Scottish Parliament.

In its Stage 1 report, the Committee supports proposals that the primary functions of this role should be to act as an advocate for systemic improvements and to amplify the voice of patients.

Recognising that the interventions highlighted by the Cumberlege Review all affected women, the Committee is calling for the principles underpinning the work of the Commissioner to include an explicit commitment to listening to and supporting under-represented voices.

The Committee has made a number of recommendations intended to strengthen the Bill at Stage 2 to ensure patients are involved in developing these principles, as well as ensuring the Commissioner’s advisory group is fully representative of a diversity of patient voices.

While acknowledging stakeholder concerns that the Commissioner will not have a role in addressing individual complaints, the Committee points to the pre-existence of established processes for handling individual cases and complaints, such as those provided by the Scottish Public Services Ombudsman.

On the subject of sanctions, the Committee says the overarching priority of the Commissioner must be to avoid creating or exacerbating blame cultures and to foster a culture of openness, learning and collaboration.

Speaking as the Health, Social Care and Sport Committee’s report was published, Convener Clare Haughey MSP said:

“Our Committee is unanimous in backing this Bill which would see the creation of a Patient Safety Commissioner for Scotland.

“It is vital that patients’ voices are heard and we believe this role has the potential to improve patient safety across NHS services in Scotland.

“During our scrutiny of the Bill, the Committee took evidence from a range of patients and patient representatives. Many strongly supported the establishment of a Patient Safety Commissioner for Scotland and told us the difference such a role could have made in their cases.

The Convener added:

“At the same time, in order to fully address patients’ concerns and ensure their voices are heard, it is vital that the Commissioner has the necessary powers to take action when its recommendations have not been implemented.

“We’ve heard from a number of stakeholders about the complexity of the existing landscape and it is vital that this role is clearly defined so there is no overlap with current governance systems.

“In order for the issues raised in the ‘Cumberlege Review’ to be successfully addressed, public awareness raising of this new role and effective management of patient expectations will be equally essential."

Other key recommendations:

• The Scottish Government has proposed that the initial remit of the Patient Safety Commissioner should not extend to social care. While supporting the rationale behind this, the Committee’s report seeks further clarity from the Government that the Commissioner will be able to investigate cases that transcend or intersect between health and social care to ensure patient voices are fully reflected in their work.
• The Committee recognises the view that those with lived experience of patient safety issues should have a meaningful role in the process of recruiting a Patient Safety Commissioner for Scotland and calls on the Scottish Government to find an appropriate way of involving them in the process of recruitment for the role.
• While acknowledging evidence received on the importance of sanctions, the Committee says the overarching priority of the Commissioner must be to avoid creating or exacerbating blame cultures and to foster a culture of openness, learning and collaboration.