Tackling health inequity: observations from an investigation visit
Nichola Crust, Senior Safety Investigator, shares how one primary care network in the north of Engl…
Read moreThe Health and Care Act 2022 (the Act) gives us powers and responsibilities when carrying out our patient safety investigations.
We always prefer to carry out our investigations with the consent of staff and organisations. However, where this is not possible, our investigators have the power to:
The Act also includes the responsibility on any person not to disclose protected materials that are provided to us as part of our investigations, unless specific exemptions are met.
It is an offence under the Health and Care Act 2022 for a person to obstruct our investigators from performing their duties. It is also an offence for any person to knowingly or recklessly disclose protected materials.
More information on these powers and responsibilities are set out below.
Where the HSSIB considers it is necessary for the purposes of an investigation, a HSSIB investigator can:
Under section 121 of the Health and Care Act 2022 it is an offence for a person to intentionally obstruct an investigator from entering premises, inspecting equipment or other items, or seizing evidence. A person who is found guilty of an offence may receive a fine.
Anyone can continue to disclose any information, document, equipment or other item to the HSSIB on a voluntary basis. However, if someone may not want to speak with us, and where a HSSIB investigator reasonably believes for the purposes of an investigation that a person is able to provide information to us, we can ask individuals to:
A person must provide the information, document or equipment unless providing it would risk the safety of any patient or they could incriminate themselves or refuse to provide this under legal professional privilege.
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