Infected Blood Inquiry document retention

Classification: Official

To:

  • NHS trusts:
    • chief executive officers
    • chief operating officers
    • medical directors
    • chief nurses (directors of nursing)
    • chief information officers
    • chief clinical information officers
  • primary care networks:
    • clinical directors
  • general practices

cc:

  • integrated care boards
    • chief executive officers
  • regional directors

Dear colleagues,

Infected Blood Inquiry document retention

The Infected Blood Inquiry published its final report on 20 May 2024. The inquiry recently released guidance instructing that while the inquiry no longer requires material providers to continue to retain material for inquiry purposes, they must continue to hold information that might be required in connection with the Infected Blood Compensation Scheme and support schemes.

Records evidencing medical treatment, medical health and/or personal details like historical home address and familial relationship are expected to be relevant to these schemes, and imperative to ensuring eligible applicants get the compensation they deserve.

Statutory powers have been created to enable the Infected Blood Compensation Authority (IBCA) to deliver the Infected Blood Compensation Scheme. In particular: section 53 of the Victims and Prisoners Act 2024 requires any person to provide information to the IBCA for the purposes of any matter connected with the administration of the Infected Blood Compensation Scheme.

The compensation scheme is open for applications until 2031, with this window being extended for individuals who are diagnosed at a later date.

The obligations and requirements created by this legislation have been designed accordingly to ensure relevant information will be made available to support applications for compensation made to IBCA during this timeframe.

On this basis, and following the conclusion of the inquiry, IBCA and the Department of Health and Social Care (DHSC) request that any original documentation relating to infected blood that your organisation has in its possession is not destroyed, pursuant to your default document retention policies.

Given the inquiry’s findings in its report in respect to document destruction that occurred in the 1990s and the adverse implications drawn due to this, it is imperative that relevant documents are not destroyed that would impact an individual’s application to the Infected Blood Compensation Scheme.

IBCA and DHSC are considering the documentation position further and will keep you updated regarding any developments.

In the meantime, please acknowledge safe receipt of this email and confirm that documents will be retained until further notice.

Yours sincerely,

Professor Sir Stephen Powis, National Medical Director, NHS England

John Kelly, Director of Data, Infected Blood Compensation Authority

William Vineall, Director of NHS Quality, Safety and Investigations, Department of Health and Social Care

Publication reference: PRN01701