FOI-03171

##Request##
Thank you for your request for information. 
<p><i>‘Please can you provide the following information up to 30th June 2025 in line with the data provided in the data set  https://opendata.nhsbsa.net/dataset/vdps-covid-19 .

1) Please provide a breakdown of the vaccines involved in the claims that have received an outcome? <p>

2) Please provide a breakdown of which vaccine was used in the claims awarded. <p>

3) Please give a breakdown of the number of claims unsuccessful on the disability criteria where causation has been accepted, with at least 20% disability, at least 30% disability, at least 40% disability and at least 50% refused due to numbers. (If you are unable to provide a figure for all the requested figures due to increases less than 5, is it possible to provide a figure for all the claims with at least 20% disability). <p>

4) Is it possible to give the conditions that have met the criteria e.g VITT, GBS? provided <p>

5) Using the figure 2072 provided in the dataset up to 30 June 2025, how many mandatory reversal decisions have been reversed, resulting in an award? How many mandatory reversal decisions have resulted in causation being removed? <p>

6) How many appeals to the tribunal have been filed? How many have received an outcome? What are the outcomes?’ <p>
 </i></p>
##Response##
I can confirm that the NHSBSA holds the information you have requested.

<strong>Fewer than five</strong> 
  
Please be aware that I have decided not to release the exact number of awards, where the number is fewer than 5. This is because the claimants could be identified when combined with other information that may be in the public domain or reasonably available. Online communities exist for those adversely affected by vaccines they have received. This further increases the likelihood that those may be identified by disclosure of this information.

This information falls under the exemption in section 40 subsections 2 and 3A (a) of the Freedom of Information Act.

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. <p>
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 Freedom of Information Act. 

Please click the below web link to see the exemption in full:
https://www.legislation.gov.uk/ukpga/2000/36/section/41

<strong>Question 1 - Please provide a breakdown of the vaccines involved in the claims that have received an outcome?</strong>

Of the amount of claims which have received an outcome: <p>
•	6,344 relate to AstraZeneca <p>
•	4,453 relate to Pfizer <p>
•	559 relate to Moderna <p>

The remainder cannot be categorised because they relate to more than one COVID-19 vaccine. For example, where a claim relates to an initial vaccine from one manufacturer and a booster from another.

<strong>Question 2 - Please provide a breakdown of which vaccine was used in the claims awarded.</strong>

Further requested breakdown by vaccine manufacturer has not been provided. This is because the small changes in numbers when compared to figures provided previously, in response to similar Freedom of Information requests, could result in claimants being identified. Therefore, as detailed above in accordance with section 40 (2) and section 41 of FOIA, we are unable to provide an updated breakdown by manufacturer.

<strong>Question 3 - Please give a breakdown of the number of claims unsuccessful on the disability criteria where causation has been accepted, with at least 20% disability, at least 30% disability, at least 40% disability and at least 50% refused due to numbers. (If you are unable to provide a figure for all the requested figures due to increases less than 5, is it possible to provide a figure for all the claims with at least 20% disability).</strong>


The NHSBSA publishes data about the VDPS on our Open Data Portal:
https://opendata.nhsbsa.net/dataset/vdps-covid-19 

This data shows that 495 claims were unsuccessful because, although the claims met the criteria for causation, the independent medical assessor recommended that the vaccine has not caused severe disablement.

Under the VDPS, severe disablement means at least 60% disabled, based on Schedule 2 of The Social Security (General Benefit) Regulations 1982:  
https://www.legislation.gov.uk/uksi/1982/1408/schedule/2

A breakdown by level of disability has not been provided. This is because the small changes in numbers when compared to figures provided previously in response to similar Freedom of Information requests, as well as the cumulative figures the NHSBSA publishes, provides a less than 5 figure for some of the percentages you have specified and may result in claimants being identified.

Therefore, in accordance with section 40 (2) and section 41 of the FOIA this information cannot be disclosed. Details of these exemptions are outlined above.

<strong>Question 4 - Is it possible to give the conditions that have met the criteria e.g VITT, GBS? provided</strong>

Please be advised since the disclosure of FOI 02865, this list of conditions has remained unchanged.  

You can view FOI 02865 using the following link:
https://opendata.nhsbsa.net/dataset/foi-02865 

<strong>Question 5 - Using the figure 2072 provided in the dataset up to 30 June 2025, how many mandatory reversal decisions have been reversed, resulting in an award? How many mandatory reversal decisions have resulted in causation being removed?</strong>


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.

At the mandatory reversal stage, a claimant is advised that they can add further evidence to support their claim. For example, a claimant can ask the NHSBSA to contact healthcare providers to obtain evidence of further treatment received since their original claim.

The length of time it takes to progress a claim to the medical assessment stage depends on how long it takes for the healthcare providers listed on the claim form to send medical records to us. We’re working with healthcare providers to speed up their response times to requests for medical records.
 
Under the government’s rules for the VDPS, there is no limit on the number of times a claimant can request a mandatory reversal, and there is no time limit.

We are unable to provide the number of mandatory reversals which have resulted in an award. In FOI 02865 we disclosed that there were 26 claimants who have been notified they are entitled to a Vaccine Damage Payment following a mandatory reversal and this figure has increased by fewer than five and therefore is exempt under section 40(2) and section 41 of the FOIA. You can view FOI 02865 using the following link:

https://opendata.nhsbsa.net/dataset/foi-02865

For 14 claims, medical assessors, on the balance of probabilities, assessed that a vaccine cause severe disablement. However, when these claims were assessed again as part of a mandatory reversal, it was assessed, on the balance of probabilities, that the vaccine did not cause severe disablement. This was based on the latest facts of the claim, including scientific evidence and medical records.  <p>
<strong>Question 6 - How many appeals to the tribunal have been filed? How many have received an outcome? What are the outcomes?’</strong>


If a claimant disagrees with the outcome of their claim after a mandatory reversal they can apply for an appeal. An ‘appeal’ is when a claimant applies to His Majesty’s Courts & Tribunals Service (HMCTS) for an independent ruling on whether the decision made by the medical assessor is correct or not. There is no time limit for requesting an appeal.

<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.
 
For clarity, we plan to published data in relation to some of your request about the Vaccine Damage Payment Scheme on our Open Data Portal:
https://opendata.nhsbsa.net/dataset/vdps-covid-19 

We’re planning to add to this by publishing:<p>
•	a monthly breakdown of COVID-19 vaccine claim data on a quarterly basis <p>
•	a breakdown of non-COVID-19 vaccine data on an annual basis<p>
 
Answering all of your questions would therefore disclose the data we plan to publish in advance. We consider the advantage of releasing this information now is outweighed by the considerations in withholding the information until its planned 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 some of the information you have requested available.
 
Section 22 is a class-based, qualified exemption and is subject to the public interest test. This means that not only does the information have to prejudice one of the purposes listed, but before the information can be withheld, the public interest in preventing that prejudice must outweigh the public interest in disclosure.
 
<strong>Considerations for disclosure:</strong>
 
•	Provides transparency and accountability around claims and the administration of the VDPS.<p>
•	The public interest in the administration of the Vaccine Damage Payment Scheme and vaccine uptake.<p>
 
<strong>Considerations for withholding:</strong>
 
•	The information is scheduled to be published in the imminent future and on a regular basis.<p>
•	When published the information will contain quarterly data broken down by month so will provide a more detailed breakdown of the information in scope of those elements of the request. This will allow for a fuller understanding of the information to be provided.<p>
•	To publish the information in advance of the agreed publication would take more time and resource, which is not in the public interest.<p>
•	The information will be presented in the same format to allow greater understanding, clarity and transparency.<p>
 
Please see the following link to view section 22 in full: https://www.legislation.gov.uk/ukpga/2000/36/section/22 

18 claims have received an outcome from HMCTS through the tribunal process. Of these, no appeals have resulted in a Vaccine Damage Payment.

<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:
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: Tribunal, VDPS, Vaccine Damage Payment Scheme
Organization: Freedom of Information Disclosure Log