FOI-03598

Thank you for your request for information about the following:

##Request

You asked us:

<i>This request relates to the Vaccine Damage Payment Scheme (VDPS) and concerns how NHSBSA collects, monitors, and analyzes data on protected characteristics, particularly ethnicity, in relation to VDPS claims and outcomes.

Question 1. Data Collection Methodology

Please confirm:

<ul>
<li>Whether NHSBSA collects ethnicity data for VDPS claimants
<li>Whether NHSBSA collects data on other protected characteristics (disability, sex, age, religion, sexual orientation) for VDPS claimants
<li><em>If ethnicity data is collected, please provide details of:</em></li>
</ul>
<p><em>&nbsp;&nbsp;&nbsp;&nbsp;- The data collection methodology</em></p>
<p><em>&nbsp;&nbsp;&nbsp;&nbsp;- When this data collection began (date)</em></p>
<p><em>&nbsp;&nbsp;&nbsp;&nbsp;- Whether provision of ethnicity data is mandatory or optional</em></p>
<p><em>&nbsp;&nbsp;&nbsp;&nbsp;- What ethnicity categories are used (e.g., ONS 2021 Census categories)</em></p>
</li>
</ul>

Question 2. VDPS Claims and Outcomes Data by Ethnicity
If ethnicity data is collected and held, please provide the following information broken down by claimant ethnicity for the period 1 January 2020 to 31 December 2025:

<ul>
<li>Total number of VDPS claims received, broken down by claimant ethnicity
<li>Total number of VDPS claims approved (payment awarded), broken down by claimant ethnicity
<li>Total number of VDPS claims rejected, broken down by claimant ethnicity
<li>Approval rates by ethnicity (i.e., percentage of claims approved for each ethnic group)</li></ul>

If this data can be provided in table format, that would be most helpful.

Question 3. Mandatory Reconsideration Outcomes by Ethnicity

If ethnicity data is collected and held, please provide the following information for the period 1 January 2020 to 31 December 2025:

<ul>
<li>Total number of Mandatory Reconsideration requests, broken down by claimant ethnicity
<li>Total number of Mandatory Reconsiderations that resulted in a change to the original decision (claim approved on reconsideration), broken down by ethnicity
<li>Success rates for Mandatory Reconsiderations by ethnicity</strong></li></ul>

Question 4. Equality Monitoring and Analysis

Please provide copies of:
<ul>
<li>Any analysis conducted by NHSBSA of whether VDPS outcomes differ by protected characteristics (ethnicity, disability, sex, age, etc.)
<li>Any reports, minutes, briefing notes, or other documents discussing differential impacts of VDPS policies or procedures on ethnic minority claimants or other protected groups
<li>Any guidance, protocols, or instructions provided to VDPS staff on monitoring equality outcomes in VDPS decision-making
<li>Any correspondence between NHSBSA and the Department of Health and Social Care regarding equality monitoring for the VDPS
<li>Any correspondence between NHSBSA and the Equality and Human Rights Commission regarding VDPS equality monitoring or compliance</li></ul>

Question 5. Policies and Procedures on Equality Data Collection

Please provide copies of:
<ul>
<li>Any policies or procedures governing the collection of protected characteristic data for VDPS claimants
<li>Any policies or procedures governing the use of protected characteristic data in VDPS decision-making or monitoring
<li>Any decisions or meeting minutes where NHSBSA discussed whether to collect or not collect ethnicity data for VDPS claimants</li></ul>

Question 6. Publication of Equality Data

Please confirm:

•	Whether NHSBSA has ever published equality monitoring data relating to the VDPS, either in annual reports, on its website, or in response to parliamentary questions
•	If such data has been published, please provide copies or links

Context for This Request

This request is made in the context of concerns about NHSBSA's compliance with the Public Sector Equality Duty under Section 149 of the Equality Act 2010.

Your previous FOI response (FOI-03493, dated 2 February 2026) confirmed that:
<ul>
<li>No Equality Impact Assessments exist for VDPS decision-making
<li>No documentation exists showing how race or protected characteristics are considered in VDPS assessments</li></ul>

The information requested in this FOI will help clarify whether NHSBSA has the data infrastructure necessary to comply with its equality duties, or whether the absence of Equality Impact Assessments is compounded by an absence of equality monitoring data.</i>

The NHS Business Services Authority (NHSBSA) received your request on 11 February 2026. 

We have handled your request under the Freedom of Information Act 2000 (FOIA).

##Our response

I can confirm that the NHSBSA may hold some of the information you have requested.

<strong>Question 1 - Data Collection Methodology

Please confirm:
<ul>
<li>Whether NHSBSA collects ethnicity data for VDPS claimants
<li>Whether NHSBSA collects data on other protected characteristics (disability, sex, age, religion, sexual orientation) for VDPS claimants
<li><em>If ethnicity data is collected, please provide details of:</em></li>
</ul>
<p><em>&nbsp;&nbsp;&nbsp;&nbsp;- The data collection methodology</em></p>
<p><em>&nbsp;&nbsp;&nbsp;&nbsp;- When this data collection began (date)</em></p>
<p><em>&nbsp;&nbsp;&nbsp;&nbsp;- Whether provision of ethnicity data is mandatory or optional</em></p>
<p><em>&nbsp;&nbsp;&nbsp;&nbsp;- What ethnicity categories are used (e.g., ONS 2021 Census categories)</em></p>
</li>
</ul></strong></li></ul>

It may be helpful to explain that the Vaccine Damage Payment Scheme (VDPS) collects comprehensive medical records from healthcare providers so medical assessors can determine whether a claim meets the eligibility criteria for a Vaccine Damage Payment. 

Under the Vaccine Damage Payments Act 1979, to qualify for a Vaccine Damage Payment, it must be proved that an eligible vaccine was received and:
<ul>
<li>on the balance of probabilities, the vaccine caused the disability
<li>the resulting disablement is severe</li></ul>

Severely disabled means at least 60% as defined by the principles for assessing the extent of disablement. These are set out in section 103 of the Social Security Contributions and Benefits Act 1992 and the Social Security (General Benefit) Regulations 1982: <br>
https://www.legislation.gov.uk/ukpga/1992/4/contents

Some of the protected characteristics you have mentioned may be held in claim files only if they appear in documentation provided by a claimant or in medical records shared by a healthcare provider. However, these are not fields of data we request on the VDPS claim form, therefore we do not collect them and if they are held this is incidental. 

Medical assessors review medical records only to decide whether the claimant meets the eligibility criteria for a Vaccine Damage Payment. This involves assessing whether the disablement described in the medical evidence is severe and, where causation is established, the level of disablement is then determined from the clinical records. More information about this is contained in the Principles of Medical Assessment. 

Information on the vaccinated person’s age at the time of the claim is available at: <br>
https://opendata.nhsbsa.net/dataset/foi-03045

<strong>Question 2 - VDPS Claims and Outcomes Data by Ethnicity
If ethnicity data is collected and held, please provide the following information broken down by claimant ethnicity for the period 1 January 2020 to 31 December 2025:
<ul>
<li>Total number of VDPS claims received, broken down by claimant ethnicity
<li>Total number of VDPS claims approved (payment awarded), broken down by claimant ethnicity
<li>Total number of VDPS claims rejected, broken down by claimant ethnicity
<li>Approval rates by ethnicity (i.e., percentage of claims approved for each ethnic group)</li></ul>

If this data can be provided in table format, that would be most helpful.</strong>

As mentioned in our answer to question 1, the VDPS collects comprehensive medical records from healthcare providers so medical assessors can determine if a claim meets the eligibility criteria for a Vaccine Damage Payment. Information relating to ethnicity may therefore be included in these records but is not extracted, recorded or processed by the VDPS. 

To answer your request, the NHSBSA would need to manually review these medical records to determine if the information was held and if so, extract and analyse the information. 

Under FOI legislation, if an organisation has to cross reference and analyse different sources of information to create new information that isn’t already recorded, this is considered creating new information. As organisations are not required to create new information in response to an FOI request, I can confirm that the NHSBSA does not hold the information you have requested.

All claims received by the VDPS are managed equally, fairly and consistently. 

<strong>Question 3 - Mandatory Reconsideration Outcomes by Ethnicity

If ethnicity data is collected and held, please provide the following information for the period 1 January 2020 to 31 December 2025:
<ul>
<li>Total number of Mandatory Reconsideration requests, broken down by claimant ethnicity
<li>Total number of Mandatory Reconsiderations that resulted in a change to the original decision (claim approved on reconsideration), broken down by ethnicity
<li>Success rates for Mandatory Reconsiderations by ethnicity</strong></li></ul>

As mentioned in our answer to question 1, the VDPS collects comprehensive medical records from healthcare providers to determine if a claim meets the eligibility criteria for a Vaccine Damage Payment. Information relating to ethnicity may therefore be included in these records but is not extracted, recorded or processed by the VDPS. 

To answer your request, the NHSBSA would need to manually review these medical records to determine if the information was held and if so, extract and analyse the information. 

Under FOI legislation, if an organisation has to cross reference and analyse different sources of information to create new information that isn’t already recorded, this is considered creating new information. As organisations are not required to create new information in response to an FOI request, I can confirm that the NHSBSA does not hold the information you have requested.

All claims received by the VDPS are managed equally, fairly and consistently. 

<strong>Question 4 - Equality Monitoring and Analysis

Please provide copies of:
<ul>
<li>Any analysis conducted by NHSBSA of whether VDPS outcomes differ by protected characteristics (ethnicity, disability, sex, age, etc.)</strong></li></ul>

As explained in our response to question 2 and 3 of your request, I can confirm that the NHSBSA does not hold the information you have requested.

VDPS does not analyse claim outcomes based on protected characteristics. 

In order to answer your request, the NHSBSA would need to manually review these medical records to determine if the information was held and if so, extract and analyse the information. 

<ul><strong><li>Any reports, minutes, briefing notes, or other documents discussing differential impacts of VDPS policies or procedures on ethnic minority claimants or other protected groups</strong></li></ul>

I can confirm that the NHSBSA does not hold the information you have requested.  This is because all policies and procedures apply to claims consistently, regardless of ethnicity or whether the claimant is from another protected group.

<ul><strong><li>Any guidance, protocols, or instructions provided to VDPS staff on monitoring equality outcomes in VDPS decision-making</strong></li></ul>

I can confirm that the NHSBSA does not hold the information you have requested. All claims are handled equally, fairly and consistently, and are not monitored in this way.

<ul><strong><li>Any correspondence between NHSBSA and the Department of Health and Social Care regarding equality monitoring for the VDPS</strong></li></ul>

I can confirm that the NHSBSA does not hold the information you have requested. All claims are handled equally, fairly and consistently, and are not monitored in this way.

<ul><strong><li>Any correspondence between NHSBSA and the Equality and Human Rights Commission regarding VDPS equality monitoring or compliance</strong></li></ul>

I can confirm that the NHSBSA does not hold the information you have requested. All claims are handled equally, fairly and consistently, and are not monitored in this way.

<strong>Question 5 - Policies and Procedures on Equality Data Collection

Please provide copies of:
<ul>
<li>Any policies or procedures governing the collection of protected characteristic data for VDPS claimants</strong></li></ul>

The VDPS privacy notice is available at:<br>
https://www.nhsbsa.nhs.uk/our-policies/privacy/vaccine-damage-payment-scheme-privacy-notice 
<ul>
<strong><li>Any policies or procedures governing the use of protected characteristic data in VDPS decision-making or monitoring</strong></li></ul>

I can confirm that the NHSBSA does not hold the information you have requested.

<ul><strong><li>Any decisions or meeting minutes where NHSBSA discussed whether to collect or not collect ethnicity data for VDPS claimants</strong></li></ul>

I can confirm that the NHSBSA does not hold the information you have requested.

The VDPS does not collect ethnicity data because it is not needed to make a decision on eligibility. Collecting information that is not required for assessing a claim would not meet the data minimisation principle in Article 5 (1) (c) of the UK GDPR:<br>
https://www.legislation.gov.uk/eur/2016/679/article/5

This principle requires organisations to ensure that personal data is adequate, relevant and limited to what is necessary for the purpose for which it is processed. For the VDPS, ethnicity is not needed to decide whether a claim meets the eligibility criteria, so it is not collected.

<strong>Question 6 - Publication of Equality Data

Please confirm:
<ul>
<li>Whether NHSBSA has ever published equality monitoring data relating to the VDPS, either in annual reports, on its website, or in response to parliamentary questions
<li>If such data has been published, please provide copies or links</strong></li></ul>

I can confirm that the NHSBSA does not hold the information you have requested and has not published equality monitoring data previously.

##Data Queries

Please contact <a href=mailto:foirequests@nhsbsa.nhs.uk>foirequests@nhsbsa.nhs.uk</a> ensuring you quote the above reference if you have any specific questions regarding this response; or, if you feel you may be misunderstanding or misinterpreting the information; or, if you plan on publishing the data.

##Reusing the data and copyright

If you plan on producing a press or broadcast story based upon the data please contact <a href=mailto:communicationsteam@nhsbsa.nhs.uk>communicationsteam@nhsbsa.nhs.uk</a>. This is important to ensure that the figures are not misunderstood or misrepresented.

The information supplied to you continues to be protected by the Copyright, Designs and Patents Act 1988 and is subject to NHSBSA copyright. This information is licenced under the terms of the Open Government Licence detailed at: http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/

Should you wish to re-use the information you must include the following statement: “NHSBSA Copyright 2026” This information is licenced under the terms of the Open Government Licence:<br>
http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/

Failure to do so is a breach of the terms of the licence.

Information you receive which is not subject to NHSBSA Copyright continues to be protected by the copyright of the person, or organisation, from which the information originated. Please obtain their permission before reproducing any third party (non NHSBSA Copyright) information.



Tags: NHSBSA corporate, Vaccine Damage Payment Scheme, nhsbsa, vdps
Organization: Freedom of Information Disclosure Log