The publication of NHS Resolution’s 2026/27 Business Plan marks the second year of its 2025-2028 strategy, Resolution through Collaboration. While the plan continues NHS Resolution’s commitment to managing clinical negligence claims effectively, its ambitions extend well beyond litigation. It places increasing emphasis on preventing harm, resolving disputes earlier, supporting healthcare staff and using claims data to improve patient safety.

For lawyers, NHS organisations and patients, the Business Plan offers valuable insight into how clinical negligence claims are likely to be handled over the coming years.

A shift from defending claims to preventing them

The most significant message from the Business Plan is that NHS Resolution no longer sees itself simply as an organisation that defends claims.

Instead, it continues to position itself as a strategic partner that helps the NHS learn from adverse events, improve patient safety and resolve disputes fairly. This reflects a broader recognition that preventing avoidable harm is both better for patients and considerably less expensive than managing litigation after the event.

For claimant solicitors, this is unlikely to reduce the number of legitimate claims. However, over time, improvements in patient safety may reduce the incidence of avoidable injuries in areas where lessons are successfully implemented.

Earlier resolution is becoming the norm

One of the clearest themes running through the 2026/27 Business Plan is the continued drive towards early and fair resolution of disputes.

NHS Resolution intends to:

  • encourage earlier engagement with patients and families;
  • expand the use of mediation and other forms of alternative dispute resolution;
  • support compassionate conversations following incidents;
  • resolve claims more efficiently where liability is clear; and
  • reduce unnecessary legal costs wherever possible.

For patients, this could mean that some claims are investigated and resolved more quickly, reducing the stress and uncertainty that can accompany lengthy legal proceedings.

Compassionate Conversations

One of the more notable commitments within the Plan is the expansion of compassionate conversations training and continued support for families through the Family Liaison Service.

Many clinical negligence claims arise not only because of the original incident but because patients and families feel ignored, dismissed or denied information afterwards. Open communication, meaningful apologies and honest engagement can go a long way towards rebuilding trust.

Claimant solicitors frequently see cases where a lack of transparency exacerbates distress and ultimately contributes to litigation. If NHS Resolution can successfully promote a more open and compassionate culture, this may benefit both families and healthcare professionals.

However, this should not be interpreted as NHS Resolution becoming more willing to settle every claim. Cases involving genuine disputes over breach of duty or causation are still likely to be defended robustly.

Greater emphasis on learning from mistakes

Perhaps the most interesting aspect of the Business Plan is its focus on using litigation as a source of learning.

Every clinical negligence claim contains information about failures in systems, communication or clinical practice. NHS Resolution intends to strengthen the way this intelligence is analysed and shared with NHS organisations so that recurring risks can be identified earlier.

This has important implications.

Rather than viewing claims solely as financial liabilities, NHS trusts are increasingly expected to treat them as opportunities for organisational improvement. Claims data may become an even more important component of board assurance, governance reviews and patient safety initiatives.

Maternity claims remain a strategic priority

The Business Plan continues NHS Resolution’s strong focus on maternity and neonatal safety.

This is unsurprising. Obstetric claims account for a disproportionately large share of the NHS’s long-term clinical negligence liabilities, despite representing only a small proportion of total claims.

The Plan confirms continued support for initiatives such as the Maternity Incentive Scheme, the Early Notification Scheme and Family Liaison support, alongside strengthening these programmes following independent evaluation.

Improvements in maternity safety should reduce the number of catastrophic avoidable injuries over the longer term-an outcome that benefits families, clinicians and the NHS alike.

Looking ahead

The 2026/27 NHS Resolution Business Plan does not signal a radical departure from previous years. Rather, it represents the continued evolution of an organisation whose role has expanded beyond defending litigation.

Clinical negligence claims will continue to play a central role in compensating patients who have suffered avoidable harm. What is changing is the way those claims are viewed. Increasingly, they are being treated as a valuable source of intelligence that can improve patient safety, support healthcare staff and reduce future harm.

Ultimately, if the ambitions set out in the 2026/27 Business Plan are realised, success will not be measured simply by how many claims NHS Resolution defends, but by how many avoidable injuries never occur in the first place.

How we can help

If you believe you or a loved one has been injured because of substandard medical care, it is important to obtain specialist legal advice as early as possible. An experienced clinical negligence solicitor can assess the merits of your claim, obtain independent expert evidence and guide you through the claims process.

While NHS Resolution’s latest Business Plan aims to make the system more efficient and collaborative, our priority remains ensuring that injured patients receive clear advice, fair compensation and the answers they deserve.