Healthcare Safety Investigation Branch must be independent, MPs advise

The new Healthcare Safety Investigation Branch (HSIB) will only succeed if its independence is guaranteed by law, the Public Administration and Constitutional Affairs Committee (PACAC) has advised.

A PACAC report into the creation of the HSIB welcomed its creation and hailed it as a ‘critical step’ towards improving how the NHS in England investigates patient safety incidents, but warned that it must provide a ‘genuine safe space’ for people to speak out.

The report advises that for the HSIB to succeed it must be ‘underpinned by primary legislation’ that ensures doctors, patients, families and carers can provide full contributions to safety investigations without fear of punitive sanctions.

Bernard Jenkin, chairman of the PACAC, said: "We have consistently called for primary legislation to make HSIB fully independent, and to create a credible 'safe space' which will enable the NHS to properly learn from past mistakes. Since we approved this report, it is increasingly evident that the Government has accepted this recommendation.

“The Secretary of State's decision to set HSIB up as an NHS quango as a permanent response to our recommendations was both disappointing and would be unacceptable, but the prospect of a secure legislative base will enable HSIB emulate the successful air, marine and rail investigation branches.

“Were the present non-statutory arrangement to be regarded as permanent it would be an intolerable compromise, disregarding consensus between healthcare experts and Parliament, and would put political dogma against forming new public bodies before patient safety. We therefore look forward to the draft legislation emerging."