Commons Sense

House of Commons · Ministerial Statement

Countess of Chester Hospital Inquiry

04 September 2023 · 28 other contributors

Opened by Steve Barclay Con North East Cambridgeshire

NHS

Summarised by AI from the official record, so it can contain mistakes.

At a glance

Steve Barclay raised concerns about countess of chester hospital inquiry in the House of Commons. A government minister responded. Other MPs also contributed.

Key points

  • Lucy Letby was convicted for the murder of seven babies and attempted murder of six others at the Countess of Chester Hospital.
  • An independent statutory inquiry led by Lady Justice Thirlwall will examine the broader circumstances, including the trust's response to clinicians' alarms and NHS conduct.
  • A national director for patient safety was appointed in 2018.

How the debate unfolded

MPs spoke in turn to share their views and ask questions. Here's what each person said.

Government Statement

On August 18, Lucy Letby was convicted for the murder of seven babies and attempted murder of six others at the Countess of Chester Hospital. The minister announced an independent statutory inquiry led by Lady Justice Thirlwall to examine broader circumstances including the trust's response to clinicians' alarms, NHS conduct, and regulatory actions. Families will shape the terms of reference. Actions taken include appointing a national director for patient safety in 2018, launching medical examiner programmes, freedom-to-speak-up guardians, fit-and-proper-person tests for board members, and maternity safety measures. The minister committed to statutory medical examiners, reviewing Kark's recommendation on senior managers, strengthening speaking up policies, monitoring neonatal services, and exploring Martha’s rule for patient safety.

Other contributors (28)
  • Question

    Can you provide an update on the Essex statutory inquiry and its current status?

    Minister reply

    The Minister announced Baroness Kate Lampard as the chair for the statutory inquiry into NHS mental health in-patient facilities across Essex. Further updates will be provided based on input from members of the House and impacted families.

  • Wes Streeting Lab Ilford North

    Question

    What measures are being taken to prevent future similar tragedies by ensuring consistent standards for management in NHS?

    Minister reply

    The Minister has committed to reviewing Kark's recommendation 5 regarding the disbarment of senior managers with a record of poor performance or misconduct. The Government will also consider bringing in a regulatory system for NHS management, alongside standards and quality training.

  • Wes Streeting Lab Ilford North

    Question

    The MP expressed strong support for the inquiry and praised whistleblowers who exposed Letby's crimes. He questioned why senior leaders at Countess of Chester Hospital were still employed despite clear issues, and called for better regulation of NHS managers to prevent future tragedies.

    Minister reply

    The minister acknowledged the importance of family involvement and stated that measures have been taken to address accountability but more work needs to be done. The Government will reconsider recommendation 5 from the Kark review in light of new evidence.

  • Question

    Expressed sympathy for victims' families and welcomed the judge-led statutory inquiry. Emphasised the need for a one-team approach between managers and clinicians to prevent defensive medicine.

    Minister reply

    Agreed with the need for a collaborative approach and expressed interest in encouraging more clinicians into management roles while ensuring accountability within the NHS.

  • Samantha Dixon Lab Chester North and Neston

    Question

    Terrible crimes have been committed in the Countess of Chester Hospital in my constituency. I thank the Secretary of State for meeting and listening to the families at the heart of this tragic case and for instituting a statutory inquiry into the circumstances surrounding these crimes. Given that the scope of Cheshire police’s Operation Hummingbird has now broadened, what reassurance can the Secretary of State offer my community about our hospital?

    Minister reply

    First of all, I pay tribute to the hon. Lady for the work she has done with the families and the staff in response to these terrible events. It is important that we reassure patients who are using the Countess of Chester Hospital now about the measures that have been put in place; that is why I wanted to bring to the House’s attention House the steps that have already been taken.

  • Question

    I commend the Secretary of State on his decision to upgrade the inquiry and put it on a statutory footing, something I know many of the families wanted. What steps is he taking to ensure consistency right across the NHS estate?

    Minister reply

    My hon. Friend raises an extremely important point. That is why in 2022 the guidance around the national freedom to speak up policy was strengthened—I mentioned the appointment in September 2022 of Henrietta Hughes as the Patient Safety Commissioner—and why significant work has been done on the quality of data, looking at the work for example of the getting it right first time teams, so that the data can be analysed more effectively to alert investigation.

  • Justin Madders Lab Ellesmere Port and Bromborough

    Question

    There is no doubting the impact this case has had on the whole community. However, as a constituency MP, when I was briefed by the management at the time the issues first emerged, I can say a very different picture was painted from the one we see today. There are serious lessons to be learned from what went on with the senior management.

    Minister reply

    The hon. Gentleman raises an extremely important point. It is right that we focus on that and ensure that the concerns about the revolving door are addressed. On the decision taken by my predecessor, my understanding is that the recommendations accepted from Kark were viewed as effective in addressing that—obviously, the events to which this statement relates have happened since—but I have asked NHS England colleagues in the Department to look again at testing them further in the light of the evidence that has come through from the court case in particular.

  • Priti Patel Con Witham

    Question

    My heartfelt prayers and thoughts are rightly with the families, whose heartbreak and suffering is just unimaginable. I welcome the tone that the Secretary of State has taken on ensuring that no stone is unturned in the quest for justice. Can he some provide some assurance so that the 80-plus families who did not engage with the inquiry previously come forward, give evidence and have confidence that their evidence will lead to justice for the loved ones they are missing because of what happened at the mental health trust?

    Minister reply

    I am keen to give my right hon. Friend that assurance. I know that she has personally championed—the interests of families in Essex to ensure that they get the answers they need. Indeed, she very effectively conveyed to me the concerns about the inquiry in Essex hitherto. Our focus—I think this is an area of consensus across the House—has to be on ensuring that families get the answers that they legitimately deserve.

  • Question

    Like other hon. Members across the House, and, in particular, the families of the victims of this horrendous situation, I want to ensure that those managers who have somehow recycled themselves into leadership positions face stronger regulation and accountability.

    Minister reply

    It will not surprise the hon. Gentleman that a central concern of the families when I met them was the extent to which they felt fobbed off when concerns were raised and the ability of those managers either to continue in post or to move to new posts. It is very much central to some of the safeguards that have been put in place through the recommendations from Kark that have already been accepted.

  • Question

    A major concern for me is that managers ignored consultants who had raised serious issues. Does he support a strengthening of the whistleblowing legislation so that all whistleblowers know that they will be heard and protected?

    Minister reply

    To provide some reassurance to my hon. Friend, the Public Interest Disclosure Act 1998 was strengthened in 2018. The freedom to speak up guardians have also been implemented since these events, and their role has been strengthened further in the guidance.

  • Mark Tami Lab Alyn and Deeside

    Question

    It is also vital that any other parents who have concerns about the treatment of their child when Letby was working at Chester and Liverpool have those concerns fully investigated or reinvestigated by the police, so will the Secretary of State ensure that the Home Secretary provides whatever resources the police need to make that happen?

    Minister reply

    Given the gravity—the seriousness—of the cases before the House, this issue is something that all Ministers are very seized of, but I will of course relay the right hon. Gentleman’s point to the Home Secretary. From talking to the team, I know that specific funding had been allocated for that in response to the seriousness of these cases.

  • Vicky Ford Con Southport

    Question

    It is impossible to imagine the depths of grief of families affected by baby deaths and it is right that efforts are made to help them get truth and justice. Will the Secretary of State ensure families will be involved in terms of reference, agreed swiftly, with necessary resources for the inquiry?

    Minister reply

    The Minister agrees on importance of family involvement and rapid agreement of terms of reference. He underscores his commitment to statutory footing of Essex inquiry highlighting quicker resolution, ensuring availability of court-established factual information.

  • Tim Farron Lib Dem Westmorland and Lonsdale

    Question

    How does the Secretary of State ensure future whistleblowers will be protected when speaking out to save lives, given past issues with marginalising whistleblowers?

    Minister reply

    The Minister highlights his long-standing championing of whistleblower protection. He mentions strengthened data transparency and freedom-to-speak-up measures, acknowledging Morecambe Bay maternity services failings.

  • Robert Buckland Con South Swindon

    Question

    How does the Secretary of State ensure open justice is maintained in full while respecting families' privacy wishes during inquiries?

    Minister reply

    The Minister agrees on importance of open justice but also underscores respect for family's wishes regarding privacy, especially considering impact on other young children.

  • Rachael Maskell Lab Co-op York Central

    Question

    What measures will the Secretary of State ensure to provide independent external routes for raising concerns and accountability scrutiny in healthcare services?

    Minister reply

    The Minister agrees on importance and mentions existing safeguards post-Francis report, including roles like medical examiners. He highlights that inquiry will examine effectiveness.

  • Caroline Johnson Con Sleaford and North Hykeham

    Question

    What steps does the Secretary of State seek to develop clear lines of accountability, prevent poor managers from evading accountability, and provide pathways for escalation beyond a trust?

    Minister reply

    The Minister mentions medical examiners working with coroners. He states inquiry will look into roles like those of the medical director, Royal College reports, and board issues around patient safety.

  • Barbara Keeley Lab Worsley and Eccles South

    Question

    What assurances does the Secretary of State give regarding full exploration of NHS governance and HR processes following allegations about managers accused of ignoring warnings moving to other trusts?

    Minister reply

    The Minister assures full exploration by Justice Thirlwall's inquiry. He mentions that NHS England is looking at concerns raised, including regulation of managers in re-employment issues.

  • Andrew Selous Con Central Bedfordshire

    Question

    In reference to a previous case where the speaker was a whistleblower against an orthopaedic surgeon at his local hospital, he inquired about key reforms that will ensure brave clinicians who speak up are heard and prevent incidents of management attempting to cover up issues.

    Minister reply

    Key reforms include Getting It Right First Time (GIRFT), strengthening freedom to speak up guardians, appointing a new patient safety commissioner, enhancing the Public Interest Disclosure Act, child death overview panels, and medical examiners.

  • Ben Bradshaw Lab Exeter

    Question

    He inquired why the Secretary of State is waiting for another review or inquiry before closing the revolving door for hospital managers who have been involved in previous scandals.

    Minister reply

    While accepted Kark recommendations address concerns about the revolving door, discussions are ongoing with NHS England to ensure appropriate support and accountability for managers at difficult trusts.

  • Shailesh Vara Con North West Cambridgeshire

    Question

    He asked for assurance that families affected by the Lucy Letby case will receive all necessary support during the statutory inquiry and beyond.

    Minister reply

    The minister emphasised engaging with families at the earliest opportunity to ensure they receive all required support, prioritising their wishes as central to how Justice Thirlwall will structure the inquiry.

  • Liz Saville-Roberts PC Dwyfor Meirionnydd

    Question

    She inquired about assurance that cross-border patient safety issues would be included within the statutory inquiry’s terms of reference.

    Minister reply

    The minister acknowledged the importance of cross-jurisdictional cases and confirmed that Judge Thirlwall will consider how to capture such cases affecting babies or families from Wales.

  • Luke Hall Con Wansbeck

    Question

    He requested assurance that families’ anonymity would be protected during the inquiry if they so desired.

    Minister reply

    The minister highlighted Justice Thirlwall's sensitivity to family wishes, balancing privacy concerns with the appropriate balance between public and private hearings.

  • Diana R. Johnson Lab Kingston upon Hull North and Cottingham

    Question

    She questioned why recommendation 5 of the Kark review was not implemented despite addressing senior managers in the NHS.

    Minister reply

    NHSE colleagues are revisiting that decision without waiting for the inquiry, as concerns about the revolving door have come to light through recent events.

  • Anna Firth Con Havant

    Question

    She welcomed the announcement of a full, judge-led statutory inquiry and expressed hope for reassurance that this inquiry would hold senior managers accountable.

    Minister reply

    The appointment of a Court of Appeal judge underscores the seriousness of the inquiry into Letby's murders, while the Essex NHS mental health inquiry has also moved to a statutory footing with Baroness Lampard chairing.

  • Helen Morgan LD North Shropshire

    Question

    She expressed concern about management failings in the NHS and requested reassurance that this time, when they say “never again,” it will be meaningful.

    Minister reply

    The minister highlighted significant actions taken following previous reviews, including implementing recommendations on medical examiners, strengthening under PIDA, and using GIRFT to review data.

  • Alison McGovern Lab Birkenhead

    Question

    Could I come back to the question asked by my hon. Friend the Member for York Central about duty of candour? Ten and a half years ago, I stood here in this House and listened to the now Chancellor talk about duty of candour. How is it that families were not entitled to every bit of information when they asked for it? What review has the Secretary of State already conducted into the effectiveness of duty of candour?

    Minister reply

    Over 10 years, significant action has been taken to strengthen transparency and data access, along with safeguards. The purpose of the inquiry is to test whether further action is needed. NHS England has been asked to review areas where recommendations have been made and determine what additional actions can be taken.

  • Jim Shannon DUP Strangford

    Question

    Can the Secretary of State confirm that any procedural changes learned from this case will be shared throughout trust areas? How can Government ensure that finances do not preclude precautions for protecting babies and staff, and will the inquiry’s findings be shared with all devolved Administrations?

    Minister reply

    I commit to sharing the inquiry findings with all Administrations across Great Britain and Northern Ireland. It is crucial that lessons are learned and applied UK-wide, including data handling and looking at variations across the United Kingdom.

Shadow Comment

Wes Streeting

Shadow welcomed the inquiry under Lady Justice Thirlwall and the appointment of Baroness Lampard. He acknowledged staff bravery in whistle-blowing and called for ongoing family involvement in decisions during the inquiry. Labour supports a regulatory system for NHS managers, including disbarment for serious misconduct as recommended by Kark's review. The shadow urged further action to prevent future tragedies.

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