Still not for sale?

The debate over whether the NHS is being sold off, privatised or improved by putting services out to competitive tender even reached the BBC last week, thanks to evidence collected by the NHS Support Federation. Their research found over £5 billion worth of contracts to run or manage ‘clinically related NHS services’ have been advertised in the first 9 months since the competition regulations (section 75) were passed by Parliament in April 2013. 70% of the contracts  have gone to commercial companies (38 to the private sector, 15 to the NHS and two to charities and one shared between the public and private sectors). The contracts cover over 70 different services across the NHS.

Supporters of the Health Act argue that the NHS will raise its game from this ‘constructive discomfort’ of private competition. The phrase was coined by Simon Stevens, Blair’s (and Dobson’s and Milburn’s) former health adviser who is returning as CEO/Messiah of NHS England in April, having cut his teeth with American health giant UnitedHealth. UnitedHealth’s incursions into the NHS market, particularly in GP services, and subsequent withdrawals having failed to make a profit (and posted substantial losses), highlight the danger of

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The Unraveling of the GMC

The New Year Honours for Julie Bailey and Helene Donnelly for repeatedly raising concerns about horrendous care failings at Mid Staffordshire hospital are welcome,  although it remains to be seen whether this represents a genuine change in NHS culture where whistleblowers are praised, encouraged and listened to, or a political gimmick to give the appearance of change.

Most NHS whistleblowers championed in the Eye, such as Ed Jesudason, Raj Mattu and Gary Walker, are still facing a horrendous struggle to clear their names, get their jobs back and get their concerns  properly investigated (Eyes passim ad nauseum). Evidence submitted to the Health Select Committee by Private Eye for its annual accountability review of the General Medical Council on December 10 was accepted and circulated, and helped demonstrate just how unsupportive the GMC is for whistleblowers, how slow, secretive and unaccountable it can be and how it doesn’t follow its own basic rules for investigation.  At the hearing, Charlotte Leslie, the MP for Bristol North exposed the hypocrisy and incompetence of the GMC in the Barbara Hakin case (Eyes   ) with devastating simplicity.

Leslie (to Niall Dickson, chief executive of the GMC): If

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Justice for Robert Henderson at last

In October, the Eye campaigned for justice for Robert Henderson, an agricultural officer, who died after substandard care at Treliske Hospital in Cornwall on October 7, 1999. His cousin John, an Emeritus physician at the Ottawa Hospital, has spent a vast amount of time and money trying to get the hospital to acknowledge the serious failures that led to Robert’s death. John meticulously reviewed and analysed Robert’s medical records, which were then thoroughly reviewed by a panel of medico-legal experts (3 university professors and a coroner). Their conclusion was grave negligence. Robert Henderson died shortly after perforating a duodenal ulcer, which may have been caused by his medication and certainly should have been investigated, diagnosed and operated on a lot sooner, given the amount of pain he was in, extreme tenderness on examination and the documented suspicions of a referring GP. John wrote to Lezli Boswell, current Chief Executive of Royal Cornwall Hospital Trust (RCHT) on the fourteenth anniversary of Robert’s death, and the Eye promised to publish the response. (Eye 1350).

‘Thank you for your letter dated October 7, 2013. I have now had the opportunity to review the file of earlier correspondence

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Dear Dr Hammond and Mr Bousfield

Thank you for your emails of 2 and 6 December.

As you know your request for a review of our decision to close your complaint about Dr Hakin has been passed to the Rule 12 team for consideration.

I should explain that we have the power to review investigation decisions under Rule 12 of the General Medical Council (Fitness to Practise) Rules. This empowers the Registrar, or an Assistant Registrar through delegated authority, to review all or part of certain specified decisions.

There are two alternative grounds for a review. Firstly if the Registrar has reason to believe that the original decision “may be materially flawed (for any reason) wholly or partly”. Secondly if he has reason to believe that there is new information which may have led, wholly or partly, to a different decision.

That said, even if the Registrar has reason to believe that a decision taken may be materially flawed and/or that there is new information which may have led to a different decision, a review can only be undertaken if the Registrar is also of the view that a review is necessary for the protection

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Hard Truths about the NHS

‘Hard Truths’, the government’s response to the Mid-Staffordshire scandal contains three fundamental omissions. It doesn’t legally require NHS staff to tell the truth. It doesn’t set out legally enforceable safe staffing levels for the NHS. And it doesn’t tell you what to do if you turn up on a ward or care home to find your mother caked in faeces and at serious risk of harm.

A legal duty of candour for staff is essential to protect whistleblowers and to give them the courage to speak up knowing they are immediately legally protected and immune to gagging threats (rather than trying to prove they have been victimised for speaking out under the ineffectual Public Interest Disclosure Act). It would also, under Robert Francis’ recommendations, have been a crime for any NHS employee (including managers) to obstruct or suppress whistleblowers and to cover up harm. Instead, the government has decided that NHS institutions must give a corporate view of the truth about harm, doubtless after closing ranks and consulting their lawyers, which is pretty much what happens at the moment. The government also places unwarranted faith in the regulators (NMC, GMC and CQC) to

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