The rise in ‘corridor care’ in the NHS – what are the legal implications?

The BBC recently reported that nearly 3,000 patients a day had to be cared for in hospital corridors or makeshift treatment areas in England during May 2026.

It is the first time NHS England has published the figures on “corridor care” and it inevitably raises questions about the legal implications of delivering care in non-clinical areas.

What is ‘corridor care’ and what are the legal implications?

The term “corridor care” refers to the practice of delivering care in any non-designated clinical space, such as hospital corridors and waiting areas.  

The issues and potential legal implications of delivering care in such settings is that they often lack privacy, sufficient space, have limited access to the necessary clinical equipment, and are not designed with infection prevention and control in mind.  Monitoring is potentially more difficult, direct observation of critical patients may be harder, and it may cause delays in treatment. This all potentially negatively impacts patient safety and experience and may lead to worse clinical outcomes.  Further, it has been reported to be far more physically and emotionally challenging for healthcare staff, which in turn impacts the delivery of care.

The recently published data reflects the broader systemic pressures across the NHS and Trusts are likely to be vulnerable to increased litigation arising from corridor care.  

NHS England’s position is that patients should only be placed in corridors in extremis and for the shortest possible duration, to ensure the time patients are cared for in this environment is kept to a minimum.  Where corridor care is unavoidable, NHS England has published guidance on the principles of providing corridor care and it will be imperative that Trusts follow this guidance to mitigate the risks to both patients and staff.

Conclusion

The fact that care was delivered in non-designated clinical space will not, in and of itself, establish negligence and of course the legal tests of breach of duty and causation will still apply.  However, we may see a rise in claims from patients who were treated in corridors questioning whether their outcome would have been better had their care been delivered in a more clinically appropriate setting. 

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