Request

Could you please advise on the number of claims submitted in respect of Covid vaccine and/or Covid Booster since the start of the vaccination programme and for those claims how many have been approved? Could you also confirm the total number of claims relating to Heart injury and number approved.

Response

All data as of 1 May 2024.

All data relates to claims received by the NHS Business Services Authority (NHSBSA) and those transferred from the Department for Work and Pensions (DWP) on 1 November 2021.

All figures provided relate to COVID-19 vaccines.

Question 1

11,602 claims have been received by the Vaccine Damage Payment Scheme (VDPS).

Please be advised following the disclosure of FOI 01873 where 168 claimants have been notified they are entitled to a Vaccine Damage Payment. This figure has increased by fewer than five at the time your request was received.

Question 2

The claimant can tell us what happened after vaccination on the claim form. At the medical assessment stage, the independent medical assessor provides a description of the assessed conditions they have been able to identify from the claimant's medical records. This can sometimes be a mixture of conditions. The condition recorded against each claim may therefore be different to the condition initially stated by the claimant on their original claim form. All data provided relates to the conditions listed by the independent medical assessor in the assessment report.

No medical assessment reports contain the search term “heart injury”.

312 medical assessment reports contain the search term “heart”.

Fewer than five

In accordance with section 40 (2) and section 41 of FOIA we are unable to provide figures for claims which have successful, unsuccessful or are awaiting an outcome.

We can confirm that we do hold the requested information, but this information is exempt under section 40(2) of the FOIA (personal information).

Section 40(2) is an absolute, prejudice-based exemption and therefore is exempt if disclosure would contravene any of the data protection principles. In order for disclosure to comply with the lawfulness, fairness, and transparency principle, we either need the consent of the data subject(s) or there must be a legitimate interest in disclosure. In addition, the disclosure must be necessary to meet the legitimate interest and finally, the disclosure must not cause unwarranted harm.

As we do not have the consent of the data subject(s), the NHSBSA is therefore required to conduct a balancing exercise between legitimate interest of the applicant in disclosure against the rights and freedoms of the data subject(s).

The NHSBSA acknowledges that you have a legitimate interest in disclosure of the information in order to provide the full picture of the requested data held by the NHSBSA; however, we have concluded that disclosure of the requested information would cause unwarranted harm and therefore, section 40(2) is engaged. This is because there is a reasonable expectation that patient data processed by the NHSBSA remains confidential.

In addition, this information is exempt under section 41 of the FOIA (information provided in confidence). This is because the requested information was provided to the NHSBSA in confidence.

In order for Section 41 to be engaged, the following criteria must be fulfilled:

• the authority must have obtained the information from another person,

• its disclosure must constitute a breach of confidence,

• a legal person must be able to bring an action for the breach of confidence to court, and

• that court action must be likely to succeed.

The NHSBSA can confirm that the information has been obtained from a third party and that subsequent disclosure of that information would constitute a breach of confidence. In addition, disclosure could result in a legal person being able to bring action for the breach of confidence to a court and that court action.

Please note that this request and our response is published on our Freedom of Information disclosure log at:

https://opendata.nhsbsa.net/dataset/foi-01896

Data Queries

If you have any queries regarding the data provided, or if you plan on publishing the data please contact foirequests@nhsbsa.nhs.uk ensuring you quote the above reference. This is important to ensure that the figures are not misunderstood or misrepresented.

If you plan on producing a press or broadcast story based upon the data, please contact communicationsteam@nhsbsa.nhs.uk 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 2024” 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.