FOI-03238

Thank you for your request for information about the following:

<strong>Request</strong>

<i>‘Under the Freedom of Information Act 2000, I am requesting the following information in relation to the Vaccine Damage Payment Scheme (VDPS):

Question 1 - Medical Assessor Qualifications
For each individual currently or previously engaged by NHSBSA as a medical assessor in the review or determination of VDPS claims from 2020 to present:
<ul><li>Full professional title and qualifications (e.g., MRCP, MRCGP, etc.)</li>
<li>GMC registration number (or equivalent licensing body if not GMC-registered)</li>
<li>Their area(s) of clinical speciality (e.g., immunology, endocrinology, neurology, general practice, etc.)</li>
<li>Whether each assessor holds formal or published expertise in vaccine injury or vaccine pharmacovigilance</li>
<li>Please confirm whether assessors are required to hold specialist training or demonstrable expertise in vaccine damage assessment or relevant clinical specialties (such as endocrinology for autoimmune damage cases).</li>
</ul>

Question 2 - Tribunal Escalation Data
For the period 2020–present:
<ul>
<li>The number of VDPS claimants who escalated to tribunal following an NHSBSA rejection</li>
<li>Of those, how many progressed to full hearing</li>
<li>How many were resolved via settlement (without ruling)
<li>How many were ruled in favour of the claimant</li>
<li>Whether any involved a finding or concern related to assessor qualifications</li>
</ul>

Question 3 - Internal Review Practices
<ul>
<li>What procedures are in place to verify the assessor’s suitability before they are assigned to a claim?</li>
<li>Is there a formal review process when a claimant raises concerns about the assessor’s competence, qualifications, or impartiality?</li>
</ul>

Question 4 - Appeal
<ul>
<li>How many VDPS claimants have formally challenged or questioned an assessor’s qualifications?</li>
<li>Are claimants informed who assessed their case (name, GMC number)?</li>
<li>Can claimants request reassessment by a different assessor?</li>
<li>How many VDPS claimants have received financial settlement offers outside of tribunal, with or without confidentiality agreements?</li>
<li>Are standard NDA templates used for such offers?</li>
</ul>

I would prefer this information in electronic format.’</i>

The NHS Business Services Authority (NHSBSA) received your request on 6 October 2025.

We have handled your request under the Freedom of Information Act 2000 (FOIA) and all data is correct as of 30 September 2025. 

<strong>Our response</strong>

<strong>Question 1 - Medical Assessor Qualifications
For each individual currently or previously engaged by NHSBSA as a medical assessor in the review or determination of VDPS claims from 2020 to present:
<ul>
<li>Full professional title and qualifications (e.g., MRCP, MRCGP, etc.)</li>
<li>GMC registration number (or equivalent licensing body if not GMC-registered)</li>
<li>Their area(s) of clinical speciality (e.g., immunology, endocrinology, neurology, general practice, etc.)</li>
<li>Whether each assessor holds formal or published expertise in vaccine injury or vaccine pharmacovigilance</li>
<li>Please confirm whether assessors are required to hold specialist training or demonstrable expertise in vaccine damage assessment or relevant clinical specialties (such as endocrinology for autoimmune damage cases).</li></ul></strong>

The following response does not relate to a specific claim or claimant. This request is being answered on a general basis as requests under FOIA are requester-blind, therefore the identity of the requester is not considered when responding to a request for information under FOIA. 

The NHSBSA does not hold information on:
<ul>
<li>the medical assessor’s title and qualifications</li>
<li>their UK General Medical Council (GMC) number</li>
<li>their area or clinical speciality</li> 
<li>their formal or published expertise in vaccine injury or vaccine pharmacovigilance</li>
</ul>

This is because their medical qualifications and experience are the responsibility of the third-party medical assessment supplier. I hope, however, that the following information provides reassurance including in relation to the expertise an assessor is required to have in relation to medical assessments. 

Each case is considered on its own merits, by an experienced medical assessor. The contract with our supplier does not require them to tell us details of their qualifications or their experience. 

The contract requires that all assessments carried out are undertaken by suitably qualified and experienced registered medical practitioners. This includes being registered on the UK GMC register, with a licence to practise and meet or exceed the following requirements:

<ul>
<li>they are a registered medical practitioner with at least five years’ post graduate experience; and</li>
<li>they have experience of the performance of medical and/ or disability assessment, addressing questions of causation and impact in the context of legislative or policy requirements to assist the decision maker.</li></ul>

Medical assessors also use clear resources to support their assessment. A list of resources is available online at: www.nhsbsa.nhs.uk/vdps-claim-process 

All relevant information is considered to make a complete and fair assessment. The medical assessor thoroughly considers:
<ul>
<li>information given on the claim form</li>
<li>any further evidence submitted</li>
<li>any pre-existing conditions that are not caused by the vaccine</li>
<li>medical records (if required)</li>
<li>clinical research</li>
<li>epidemiological evidence</li>
<li>the current consensus of expert medical opinion</li>
</ul>

Cases are determined on a case-by-case basis using facts from the individual case. For example, the medical records received directly from healthcare providers involved in a claimant’s care. Medical assessors write a detailed outcome report for each claim which explains the evidence available at the time of the medical assessment and how it was considered.

<strong>Question 2 - Tribunal Escalation Data
For the period 2020–present:
<ul>
<li>The number of VDPS claimants who escalated to tribunal following an NHSBSA rejection</li></ul></strong>

If a claim is rejected after a mandatory reversal and the claimant wants to challenge it, they can either:
<ul>
<li>request another reversal – this means their claim will be assessed again</li>
<li>submit an appeal – this means the claim will be heard by a tribunal</li>
</ul>
Appeals are handled outside of the VDPS by HM Courts and Tribunals Service (HMCTS). They make an independent ruling on whether the outcome of the medical assessment is correct. There is no time limit for requesting an appeal.

As appeals are not submitted to the NHSBSA directly, the amount listed for the number of appeals received refers to the number of appeals HMCTS has progressed to a tribunal hearing. Any appeals HMCTS have not progressed to a tribunal hearing are not included in this amount. For example, if the claimant is not eligible to appeal to HMCTS because they have not received a decision through the mandatory reversal process first. 

<strong>Information where there is a plan to publish</strong>

We have considered this request under the FOIA.

The NHSBSA does hold the requested information; however, we consider that some of this information is exempt from disclosure under section 22 of the FOIA. This provides an exemption from the duty to disclose information where the requested information is intended for future publication.

We’ve used section 22 where we cannot answer your questions. The Information Commissioner’s Office (ICO) guidance states that “the public authority must, at the time of the request, hold the information and intend that it or “any other person” will publish it in future. This means that it must have a “settled expectation that the information will be published at some future date”. I can confirm that at the time of your request the NHSBSA intends to make the number of appeals available publicly and that the number of appeals made to HMCTS this has now been published on our Open Data Portal: https://opendata.nhsbsa.net/dataset/vdps-covid-19 

<strong><ul><li>Of those, how many progressed to full hearing</li></ul></strong>

There have been 38 appeals made to HMCTS where a hearing has taken place. 

<strong><ul><li>How many were resolved via settlement (without ruling)</li></ul></strong>

Under the government's rules for the VDPS, to qualify for a Vaccine Damage Payment, it must be proved that:<br>
<ul>
<li>an eligible vaccine was received</li>
<li>on the balance of probabilities, the vaccine caused the disability</li>
<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:
<ul>
<li>https://www.legislation.gov.uk/ukpga/1992/4/contents</li>
<li>https://www.legislation.gov.uk/uksi/1982/1408/schedule/2</li>
</ul>
A Vaccine Damage Payment is a one-off payment of £120,000. It is not compensation and no claims can be resolved via settlement. This is in line with the government’s rules for the scheme.

More information about eligibility, including a list of eligible vaccines, is available from the government's Vaccine Damage Payment webpage.

<strong><ul><li>How many were ruled in favour of the claimant</li></ul></strong>

<strong>Fewer than five  </strong>

The NHSBSA considers this information to be exempt because when combined with the additional information reasonably available in the public domain, claimants could be identified by the disclosure of this information as a fewer than five response would be provided.

This information falls under the exemption in section 40 subsections 2 and 3A(a) of the FOIA. This is because it would breach the first data protection principle as:

a)	It is not fair to disclose claimant personal details to the world and is likely to cause damage or distress.

b)	These details are not of sufficient interest to the public to warrant an intrusion into the privacy of the claimant.

Please click the web link below to see the exemption in full.
https://www.legislation.gov.uk/ukpga/2000/36/section/40 

<strong>Breach of Patient Confidentiality</strong>

Please note that the identification of claimants is also a breach of the common law duty of confidence. A claimant who has been identified could make a claim against the NHSBSA for the disclosure of the confidential information.

The information requested is therefore being withheld as it falls under the exemption in section 41(1) ‘Information provided in confidence’ of the FOIA.

Please click the below web link to see the exemption in full.
https://www.legislation.gov.uk/ukpga/2000/36/section/41 

<strong><ul><li>Whether any involved a finding or concern related to assessor qualifications</li></ul></strong>

No decision notices which were issued to the NHSBSA contained a finding or concern related to medical assessors’ qualifications. 

<strong>Question 3 - Internal Review Practices
<ul><li>What procedures are in place to verify the assessor’s suitability before they are assigned to a claim?</li></ul></strong>

The NHSBSA contracts a third-party medical assessment supplier to carry out medical assessments for the VDPS. The allocation of claims to medical assessors is the responsibility of the supplier.

Under the contract with the third-party medical assessment supplier, it is the responsibility of the supplier to ensure that their personnel are at all times appropriately experienced, qualified and trained in accordance with the contract. 

<strong><ul><li>Is there a formal review process when a claimant raises concerns about the assessor’s competence, qualifications, or impartiality?</li></ul></strong>

If a claimant had a concern or query about a medical assessor, they could discuss this directly with their assigned Caseworker. All concerns would be considered and investigated under the NHSBSA Corporate Complaint process. 

Under the contract with the third-party medical assessment supplier, it is the responsibility of the supplier to ensure that their personnel are at all times appropriately experienced, qualified and trained in accordance with the contract. The process used by the third-party medical assessment supplier is not held by the NHSBSA or on its behalf.  

<strong>Question 4 - Appeal
<ul><li>How many VDPS claimants have formally challenged or questioned an assessor’s qualifications?</li>
<li>Are claimants informed who assessed their case (name, GMC number)?</li></ul></strong>

Appeals are handled outside of the VDPS by HM Courts and Tribunals Service (HMCTS). They make an independent ruling on whether the decision made is correct. As such, the NHSBSA does not hold this information because an appeal to HMCTS is to challenge whether outcome of the medical assessment is correct and not to challenge or question the qualifications of the medical assessor.

When an appeal is made to HMCTS, the Tribunal has discretion to direct disclosure of the medical assessor’s name and/or GMC number if it considers it necessary or maintain that disclosure is not required. 

<strong><ul><li>Can claimants request reassessment by a different assessor?</li></ul></strong>

Yes, claimants can write to the NHSBSA to request a reassessment by a different assessor. 

<strong><ul><li>How many VDPS claimants have received financial settlement offers outside of tribunal, with or without confidentiality agreements?<li>Are standard NDA templates used for such offers?</li></ul></strong>

As mentioned previously, a Vaccine Damage Payment is a one-off payment of £120,000. It is not compensation, and no claims can be resolved via settlement. This is in line with the government’s rules for the scheme. As such, the NHSBSA does not request claimants to sign a confidentiality agreement or Non-Disclosure Agreement for this purpose. 

<strong>Data Queries</strong>

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.

<strong>Reusing the data and copyright</strong>

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 2025” 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, VDPS, Vaccine Damage Payment Scheme, nhsbsa
Organization: Freedom of Information Disclosure Log