Long-promised legislation to establish an independent Patient Safety Commissioner, to champion the voices of patients throughout the healthcare system in Scotland, has been introduced to the Scottish parliament.

The Patient Safety Commissioner, according to the Bill, will hold healthcare organisations – including NHS and independent providers – to account in their responsibility to listen to patients and support them to make improvements.

Rather than the role initially focusing only on the safety of medicines and medical devices as proposed in the consultation, the draft legislation proposes that the Commissioner will be immediately able to consider the safety of all aspects of healthcare.

The Commissioner will also, when necessary, lead formal investigations into potential systemic safety issues, with powers to require information be shared to make sure every investigation is fully informed.

An advisory board to provide specialist and professional guidance to the Commissioner, with at least half its members being patient representatives, will also be established.

The Cabinet Secretary for Health, Humza Yousaf, said great progress in patient safety has been made in recent years, but it is crucial that Scotland’s health service is not complacent and continues to drive up standards:

“That is why we have introduced this legislation, which aims to make sure the voices of people using health services are heard and their concerns acted on with the creation a champion, independent of the NHS or government, who will look out for the safety of people getting healthcare in Scotland.

“It is vitally important that patients have a voice and a place to turn to if they have concerns about the safety of their care, and this Bill will help to ensure that continues to be the case.”

The Bill comes following a Scottish government commitment to introduce the legislation within the year – a repeat of a pledge in the previous year’s programme for government, which came after a consultation on the role back in March 2021.

Analysis of responses showed strong support for an independent commissioner, with respondents saying existing patient safety processes and policies were time-consuming, complex and not joined-up.

Scotland was the first of the UK nations to commit to creating the role – one of the central recommendations of a 2020 review of medicines and medical devices safety led by Baroness Cumberlege, which found that patients’ voices and experiences were being ignored.

A commissioner for England was appointed in the summer, but they will – at least for now – work solely on improving the safety of medicines and medical devices.

The Commissioner for Scotland will not duplicate the role of organisations that already work with complaints and patient safety, like Healthcare Improvement Scotland, the Scottish Public Services Ombudsman and NHS boards.

Rather, the Scottish government says they will develop a system-wide view of the healthcare system – using patient feedback and safety data collected by these bodies – to identify wider safety issues and promote better coordination nationwide.

The Commissioner will serve a single term of a maximum of eight years’ duration, with the first recruitment process to commence once the Bill has received Royal Assent.

 

Read more: Health and care in programme for government; Insight: Device makers urged not to mark time

 

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