FOI-02791

Request

You asked us:

*'1.	Can you please provide me with information regarding the date that you were first made aware of the serious concerns around the safety of the astrazeneca vaccine and what steps you took to inform the public, if any at that point.* 

*2.	How long did you wait?*

*3.	As part of your rejection of my claim you point to the time that had lapsed from the time of my vaccine to the time I was diagnosed.  If you believe this in any way proves that the vaccine could not be responsible for my injuries can you please furnish me with the research that proves otherwise.* 

*4.	The datsa proof that that backs this assertion and confirms that all those who made a claim within the same time scale of vaccination to injury diagnosing or death have been rejected on these grounds and if their claims were not rejected on this basis*

*5.	Lastly, since you have decided my case has not met the criteria for compensation can you explain how you go about deciding which cases do meet the required standard for compensation and why.*

*6.	Can you also give me data you hold for the % of claims that have been settled at the first application and the % of cases that have been rejected initially only to be settled after an appeal’*          

The NHS Business Services Authority (NHSBSA) received your request on 17 January 2025. 

We have handled your request under the Freedom of Information Act 2000 (FOIA). 

##Our response

I can confirm that the NHSBSA holds the information you have requested and a copy of the information and notes explaining it is attached.

##Question 1 and Question 2

*‘Can you please provide me with information regarding the date that you were first made aware of the serious concerns around the safety of the astrazeneca vaccine and what steps you took to inform the public, if any at that point.’*

And

*‘How long did you wait?’* 

Following a comprehensive search of our paper and electronic records I can confirm that the information you have requested is not held by the NHSBSA.

However, it is possible that Medicines and Healthcare products Regulatory Agency may hold some or all of the information you require. They can be contacted at:

MHRA (Medicines and Healthcare products Regulatory Agency) Customer Services,
10 South Colonnade,
London,
E14 4PU,
United Kingdom
Email <a href=mailto:info@mhra.gov.uk>info@mhra.gov.uk</a>
Website https://www.gov.uk/government/organisations/medicines-and-healthcare-products-regulatory-agency

##Question 3

*‘As part of your rejection of my claim you point to the time that had lapsed from the time of my vaccine to the time I was diagnosed.  If you believe this in any way proves that the vaccine could not be responsible for my injuries can you please furnish me with the research that proves otherwise.’*

The NHSBSA may hold information about the specific research resources used to assess specific claims however, to determine the information that is held and extract it would require a manual review of all claims.

Under section 12 of the FOIA, the NHSBSA is not obliged to comply with this part of your request as we estimate that the cost of complying with your request would exceed the non-central Government limit of £450. 

The limit has been specified in The Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004 and represents the estimated cost of one person spending 18 hours in determining whether the NHSBSA holds the information, and locating, retrieving and extracting the information.  

The NHSBSA is not able to provide advice on this occasion on how to narrow the scope of the request so compliance can be brought under the appropriate time frame. This is because extracting this information from only some records may provide an inaccurate, out of date or incomplete response. You can view this exemption in full here: 
https://www.legislation.gov.uk/ukpga/2000/36/section/12

The NHSBSA is, however, able to advise that the Principles of Medical Assessment outlines the sources used in the assessment of VDPS applications and is available from the NHSBSA website under the “Guidance the medical assessor uses” section (Vaccine Damage Payment Scheme (VDPS) claim process | NHSBSA). Further information on the assessment process is also contained on this website.

All relevant information is considered to make a complete and fair assessment. The medical assessor thoroughly considers: 

* information given on the claim form
* any further evidence submitted by the claimant 
* any pre-existing conditions that are not caused by the vaccine
* medical records (if required) 
* clinical research 
* epidemiological evidence 
* the current consensus of expert medical opinion 

As such, the clinical research and epidemiological evidence will differ case to case depending upon the individual facts of the case. Not all scientific evidence will be applicable in all cases and therefore the medical assessor will reference the sources used in each specific assessment within their outcome report. 

As soon as a claim has been assessed, the claimant will receive a letter telling them the outcome, and a copy of the comprehensive medical report. The medical assessment report is written by the medical assessor and explains how they reached their decision.  

##Question 4

*‘The datsa proof that that backs this assertion and confirms that all those who made a claim within the same time scale of vaccination to injury diagnosing or death have been rejected on these grounds and if their claims were not rejected on this basis’*

The NHSBSA does hold the requested information; however, we estimate that the cost of compliance with the request would exceed the appropriate limit under section 12 of the FOIA.  
 
To determine the number of claims that have been rejected due to the timescale between vaccine and injury would require a manual review of all rejected claims. 

As of 31 March 2025, 11,416 claims have been rejected because on the balance of probabilities, the medical assessor determined that the disablement was not as a result of the vaccine (causation). We estimate a manual review would require approximately 10 minutes per claim and therefore would take over 1,902 hours to locate and extract.
 
Please be advised that due to the way that the information is held by the NHSBSA, it is not possible to submit a refined request under the appropriate limit.

##Question 5 

*‘Lastly, since you have decided my case has not met the criteria for compensation can you explain how you go about deciding which cases do meet the required standard for compensation and why.’* 

Under the government’s rules for the scheme, to qualify for a Vaccine Damage Payment, it must be proved that: 

*an eligible vaccine was received
*on the balance of probabilities, the vaccine caused the disability*
the resulting disablement is severe

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
* Schedule 2 of the Social Security (General Benefit) Regulations 1982

Further information about the Eligibility for a Vaccine Damage Payment is available on the GOV.UK website: Vaccine Damage Payment: Eligibility - GOV.UK

The Principles of Medical Assessment outlines the sources used in the assessment of VDPS applications and is available from the NHSBSA website under the “Guidance the medical assessor uses” section (Vaccine Damage Payment Scheme (VDPS) claim process | NHSBSA). 

Further information on the assessment process is also contained on this website.

##Question 6 

*‘Can you also give me data you hold for the % of claims that have been settled at the first application and the % of cases that have been rejected initially only to be settled after an appeal’*         
     
The following information is as of 31 March 2025 and for all eligible vaccines.

1.60% of all assessed claims have been awarded following a successful initial claim. 

If the claimant disagrees with the medical assessor’s decision and wants to challenge it, they can request that their claim is assessed again. This is called a mandatory reversal. 

As part of the mandatory reversal process, medical assessors will fully consider all aspects of the claim again, including eligibility, causation and disablement. Medical assessors consider all available evidence, including medical records and scientific evidence (which may have evolved) at the time of the assessment. 

Once the claimant has received the outcome of their mandatory reversal they can appeal to the Social Security and Child Support Tribunal if they disagree with the outcome. The tribunal is impartial and independent of the government. 

0.21% of all assessed claims have been awarded following a successful mandatory reversal or appeal.

##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:
“Dental Services, NHSBSA Copyright 2025” This information is licenced under the terms of the Open Government Licence:

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, vdps
Organization: Freedom of Information Disclosure Log