NHS cancer screening errors – how we can help

In March, national news outlets reported that more than 5000 people may have been affected by an administrative error leading to them not being invited to attend NHS cancer screening appointments.  The error first came to light in 2024 but it might affect appointments as far back as 2008.

Whilst the cause of the error has now been fixed and mechanisms have been put in place to provide support to those affected and to offer screening to all those likely to benefit from it, it is inevitable that some people will have suffered as a consequence of this.

What are the NHS cancer screening services?

The NHS offers cancer screening programmes for breast, cervical, and bowel cancer.  Eligibility is based on age and sex, and invitations are sent automatically to eligible individuals in accordance with the following schedules:

Breast Cancer Screening - women aged 50 to 70, every three years.  You should receive a letter inviting you to make an appointment with your nearest regional screening service.

Cervical Cancer Screening - women aged 25 to 64, every three years for women aged 25-49 and every five years for women aged 50-64.  You should receive a letter inviting you to make an appointment with your GP practice or other local provider.

Bowel Cancer Screening - people aged 54 to 74, every two years.  You will receive a bowel cancer screening home test kit (FIT kit) through the post with instructions on how to complete the test and return the sample.

What to do if you are affected

People affected by the missed appointment error will receive a letter from the NHS with information on how to book a missed screening appointment or access relevant services.  If you are concerned, there is also a dedicated NHS helpline, available Monday to Friday 9 am to 5 pm on 0345 877 8962.

Can I make a claim as result of a missed screening opportunity?

The failure to offer appointments due to this error is likely to constitute a breach of the duty of care owed by the NHS to all of those people who should have received an invitation for screening.  For a claim to succeed, however, the breach of duty must have led directly to harm which is more than minimal.  If, therefore, the missed screening opportunity has resulted in a delayed diagnosis of cancer and, as a result, a worse outcome than would otherwise have been the case, then it may be worthwhile pursuing a claim for negligence.  You may also be required to show evidence that you would have taken up the offer of screening if it had been provided, e.g. by showing that you have always attended such appointments in the past.

How can we help?

If you think you have been affected by this failure of NHS cancer screening services, our specialist clinical negligence team can consider the circumstances of your case and advise you on whether a claim is likely to succeed.

You can contact us by phone on 01206 574431 or via our website.