PART 4The Health Services Safety Investigations Body

Reports

I1117Admissibility of reports

1

A final report, an interim report and the draft of a final or interim report sent to a person under section 115 are not admissible in any proceedings within subsection (2).

2

Those proceedings are—

a

proceedings to determine civil or criminal liability in respect of any matter;

b

proceedings before any employment tribunal;

c

proceedings before a regulatory body (including proceedings for the purposes of investigating an allegation);

d

proceedings to determine an appeal against a decision made in proceedings falling within paragraphs (a) to (c).

3

But the High Court may order that a final or interim report is admissible in proceedings within subsection (2) on an application by a person who is a party to the proceedings or otherwise entitled to appear in them.

4

The HSSIB may make representations to the High Court about any application under subsection (3).

5

The High Court may make an order under subsection (3) only if it determines that the interests of justice served by admitting the report outweigh—

a

any adverse impact on current or future investigations by deterring persons from providing information for the purposes of investigations, and

b

any adverse impact on securing the improvement of the safety of health care services provided to patients in England.