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Health Secretary Seeks Advice on Compelling Maternity Inquiry Witnesses

The Health Secretary, James Murray, is exploring options to compel senior clinicians who refused to give evidence to the Ockenden Review into Nottingham's maternity services. He described feeling "numb" after hearing accounts from affected families.

  • Health Secretary James Murray is seeking advice on retrospectively applying a new law to compel senior clinicians to give evidence.
  • The Ockenden Review found 'deeply embedded systemic failures' and 'potentially avoidable' outcomes in 520 cases at Nottingham University Hospitals (NUH).
  • Some senior staff declined to participate in the review, creating 'gaps' in knowledge according to Donna Ockenden.
  • The government plans new measures, including potential prison sentences, to compel NHS staff to engage with future maternity reviews.
  • The proposed Hillsborough Law, or Public Office (Accountability) Bill, aims to ensure greater openness from public bodies after major incidents.

The Health Secretary, James Murray, has announced plans to use new legislation to force senior clinicians who refused to cooperate with the Ockenden Review into maternity services at Nottingham University Hospitals (NUH) NHS Trust to provide evidence. The review, led by Donna Ockenden, uncovered "deeply embedded systemic failures" within NUH's maternity units and identified 520 cases where mothers and babies could have been spared harm if care had been better.

Mr Murray, who has spoken publicly about the personal impact of meeting with families affected by care failings, is seeking advice on applying the proposed new law retrospectively. He described the refusal of some senior staff to participate in the review as "totally unacceptable" and indicated that he wants to use the forthcoming Hillsborough Law, officially known as the Public Office (Accountability) Bill, to introduce a duty of candour for future maternity investigations.

The Ockenden Review was the largest of its kind in NHS history, with over 2,500 families contributing their experiences and more than 800 current and former NUH staff providing information. However, the review's author acknowledged that "gaps" remained due to some senior managers declining to participate. Out of 66 senior colleagues approached by the trust's chief executive, Anthony May, 37 came forward, with 35 ultimately being interviewed.

According to the Department of Health and Social Care, the government is introducing new measures aimed at increasing accountability in NHS maternity care. These include proposals to compel current and former staff to provide evidence to future reviews, with refusal potentially leading to up to two years in prison. The Department stated that these measures are designed to tackle a "culture of silence" where staff felt unable to raise safety concerns.

Jack Hawkins, whose daughter Harriet was stillborn at Nottingham City Hospital in 2016 due to significant failings, expressed caution about the effectiveness of compelling individuals to appear before the health and social care committee. However, Mr Murray urged any invited individuals to attend, stating that if they are called to give evidence, "they should say yes".

This ongoing situation highlights systemic issues within NHS maternity care, echoing findings from previous reviews into Shrewsbury and Telford Hospital Trust.

Why this matters: This matters because it addresses critical issues of accountability in the NHS, particularly concerning maternity care, where serious failings have caused immense distress to families. It signals a potential shift towards greater transparency and legal obligations for healthcare professionals.

What this means for you: What this means for you: These developments aim to improve the safety and transparency of maternity services across the UK. If you have concerns about maternity care, always consult your GP or call NHS 111 for advice.

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