FOI-02802

##Request##
<p><i>‘Please can you provide copies of the NHSBSAs mandatory reversal decisions relating to Covid-19 vaccination VDPS claims for the period 1 January 2023 to the present.’ </i></p>

On 28 May 2025 the request was clarified with the following: 

‘Thank you for the below - please can you provide statistical data relating to:  

appeal decisions made by the HM Courts and Tribunal Service (HMCTS); and  

mandatory reversal decisions made by the NHSBSA, in each case relating to Covid-19 vaccine VDPS claims.’ 

##Response##
I can confirm that the NHSBSA holds the information you have requested.  

The information provided is for COVID-19 claims received up to 30 April 2025. 

Question 1 - appeal decisions made by the HM Courts and Tribunal Service (HMCTS); 

When a claimant disagrees with an outcome of a mandatory reversal, they can appeal the decision to HM Courts and Tribunals Service (HMCTS). This means their claim will be heard by a tribunal. The tribunal is impartial and independent of the government. After an appeal is submitted, the claimant can provide evidence. The appeal and the evidence will be discussed at a hearing by a judge and one or two experts, for example, a doctor. The judge will then make a decision. 

I am unable to provide a figure that relates to the time frame you requested. This is because when coupled with information which is already publicly available it provides a difference in the amount which is fewer than five which increases the risk of identifiability of individuals who have made a claim to the scheme. The information is therefore exempt under section 40(2) of the FOIA (personal information). 

This is because it would breach the first data protection principle as: 

it is not fair to disclose individual’s personal details to the world and is likely to cause damage or distress  

these details are not of sufficient interest to the public to warrant an intrusion into the privacy of the individual 

Please see the following link to view the section 40 exemption in full: 

https://www.legislation.gov.uk/ukpga/2000/36/section/40 

Please note that the identification of individuals is also a breach of the common law duty of confidence. An individual 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 see the following link to view the section 41 exemption in full: https://www.legislation.gov.uk/ukpga/2000/36/section/41 

I am however, able to signpost you to information which is in the public domain which may answer your question. During our disclosure of FOI-02784, we disclosed that as of 31 March 2025 there were 10 appeals that have reached an outcome and at the time of your request this figure had increased by fewer than five.  

No appeals to the tribunal have resulted in a Vaccine Damage Payment being awarded.  

Part ii) mandatory reversal decisions made by the NHSBSA, in each case relating to Covid-19 vaccine VDPS claims.’ 

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. 

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. 

Claims without additional evidence are still received and reassessed through the mandatory reversal process. However, no claims without additional evidence have been awarded a Vaccine Damage Payment. 

1,231 mandatory reversal claims relating to Covid-19 vaccines have been received. Of these 26 claimants have been notified they are entitled to a Vaccine Damage Payment.  

##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: HMCTS, VDPS, Vaccine Damage Payment Scheme
Organization: Freedom of Information Disclosure Log