Fight to keep risk register of NHS reforms secret bound for appeal tribunal hearing

In November, the Information Commissioner concluded there was a “very strong public interest” in disclosing the risk register, which details the potential impact of the Health and Social Care Bill.

The Department of Health had earlier refused a freedom of information request to publish the register, saying there is a stronger public interest in withholding the register from public scrutiny than in publishing it.

The department told the commissioner it must be able to use the register without fear the information will be put in the public domain “in an unmanaged way” while its policy continues to be developed. The commissioner rejected those arguments and ordered the register be published.

Today the Information Rights Tribunal will hear the Government’s appeal against the commissioner’s decision.

Health Secretary Andrew Lansley has said it would be “completely misleading” to publish the register, which was put together before changes were made to the Bill and that it had been intended as an “internal mechanism”.

Shadow Health Secretary Andy Burnham has said some of the regional risk registers “predict poorer treatment for cancer patients”.

South Central Strategic Health Authority warned “the pace and scale of reform, coupled with savings achieved through cost reduction rather than real service redesign could adversely impact on safety and quality”.

The British Medical Association, the Royal College of GPs and the Royal College of Nursing, which all oppose the Bill, want the register to be published.

If the latest hearing, which is set to last two days, goes against the Government, it still has the right to appeal to an upper tribunal.

A Department of Health spokesman said: “Risk registers are departmental management tools that play a key role in the formation of Government policy. We believe that their publication would risk seriously damaging the quality of advice given to Ministers.”

Unite’s general secretary, Len McCluskey, said the refusal was “recognition the reforms will risk patient care and cost millions to implement – taxpayers’ money which should be spent on patient care. What have they got to hide?”