NHS mental health negligence costs taxpayers £121 million over five years

A staggering £121 million has been paid out by NHS healthcare providers in response to mental health and psychiatry clinical negligence claims between April 2019 and April 2024, according to a newly released report.   

The report, compiled by Medical Negligence Assist, reveals the alarming financial cost of failings in mental health services across England. The report underscores serious deficiencies in the provision and oversight of mental health care. 

Payouts related to deaths, treatment delays, and self-harm are among the most significant contributors. 

Key figures around NHS mental health negligence payouts 

The data, obtained from NHS Resolution, outlines the devastating human toll behind these figures. Over £51 million was paid in claims directly related to deaths in trusts across the UK, making up the largest share of compensation. Delays and failures in treatment accounted for £28 million, while claims involving self-harm incidents reached £18 million. 

The top five causes of clinical negligence in mental health services paint a troubling picture: Failures or delays in treatment led to £28 million in compensation, followed by failures in patient supervision at £21.7 million.  

Self-harm incidents, unexpected deaths, and delays in hospital admissions accounted for tens of millions in payouts.   

NHS trusts under scrutiny  

The report, obtained from NHS Resolution, also names several NHS trusts responsible for these payouts. Herefordshire and Worcestershire Health and Care NHS Trust led the list, paying £9.3 million, followed by Essex Partnership University NHS Foundation Trust at £7.3 million. Other notable payouts came from Gloucestershire Health and Care NHS Foundation Trust (£6 million) and West London NHS Trust (£5.2 million).  

Sharon Allison, chair of the Society of Clinical Injuries Lawyers (SCIL), commented on the scale of these claims, stating: “Whilst £121 million is a lot of money to be paid in compensation claims for failures in mental health care over five years, the more striking issue here is that those claims are likely to be modest value claims and there are likely to be a lot of them.”  

Cumbria, Northumberland, Tyne and Wear NHS Foundation Trust saw the highest number of incidents, with 66 claims resulting in 19 settled cases and £3.15 million in damages. 

Allison further noted the concerning pattern of repeat failures: “The reality is that we know our NHS is ‘broken’ and will take time and money to fix on both fronts. 

“Fatal claims for mental health failures are often low value [and] a number of these cases are never pursued. For the ones that are, they are often a regurgitation of events surrounding previous cases where the same mistakes are made by the same Trust, just to a different family.” 

“Unless and until we learn from errors and put patient safety first, I cannot see the landscape changing.” 

Patient safety concerns 

The high cost of these claims highlights systemic issues within the NHS’s mental health services. Experts warn that many cases could have been prevented with better care and oversight. 

Carlos Lopez, head of clinical negligence at Express Solicitors, said: “Our NHS is in crisis, not just in terms of a lack of funding but also a lack of nurses, doctors and mental health support workers. Over the years, the investment and allocation of funds has moved further away from mental health services to areas that have less stigma.”  

He stressed that at Express Solicitors, they regularly handle cases involving preventable mental health tragedies, adding, “We act for families who have lost loved ones, including children, due to mental health battles. In many cases, this is as a direct result of poor mental health services.”  

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Josie Miller Josie is an editor for Claims Media. She welcomes feedback, comments, and opinion at josie.miller@barkerbrooks.co.uk