The NHS’s safety watchdog may itself need watching. Writing in NLJ this week, John F Mayberry, criminal barrister at 2DRJ, and Affifa Farrukh, consultant physician, examine the sweeping powers granted to the Health Services Safety Investigation Body under the Health and Care Act 2022
Created to drive ‘improvement of systems and practices’ and modelled on aviation-style safety culture, HSSIB can enter premises, seize documents and compel interviews across NHS and private healthcare alike. Investigators need not record interviews, caution witnesses or use body-worn cameras. A ‘no comment’ response may itself trigger an offence under s 121, risking summary conviction and an unlimited fine.
With HSSIB set to move under the Care Quality Commission, the authors warn that self-regulation is inadequate. Without independent oversight or a proper complaints body, powers intended to protect patients risk undermining basic safeguards.
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National Health Service
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