healthcare update - issue 11


Lessons from Mid-Staffordshire


On 24 February 2010, Robert Francis QC published his inquiry report into the care and treatment provided by Mid-Staffordshire NHS Foundation Trust. The inquiry followed numerous complaints about the standard of care at the Trust and an investigation by the Healthcare Commission in March 2009.

The report identifies serious systematic deficiencies at the Trust between 2005 and 2009 and makes 18 recommendations. Whilst the majority of these recommendations focus on identified shortcomings at the Trust, it is clearly intended that all health care providers should heed the lessons learnt and there is a specific recommendation that all NHS and Foundation Trusts review their own standards, governance and performance in light of the report.

So, what key lessons are identified in the report?

Trust boards

The inquiry report makes it clear that Trust Boards are expected to challenge and engage with key issues. Whilst it is recognised that on the whole, Trust Board members are responsible for strategic rather than operational matters, directors will in some circumstances, be expected to ‘roll up their sleeves and see for themselves what is actually happening’ - for example, where there are developing governance structures in place.

In a similar vein, it is vital that boards engage with the public and that Trusts conduct their own internal assessments rather than relying on external assessments which may not, in fact, reflect the actual experiences of patients and staff. It is clear from the experience at Stafford that bench marks, comparative ratings and Foundation status do not, in themselves, bring to light serious and systemic failures and the inquiry report makes it clear that directors should be focused on outcomes rather than systems.

The report also identifies a lack of public accountability for senior managers. As a result, it recommends a review of the arrangements for the training, appointment, supervision and accountability of executive and non-executive directors and we can expect to see uniform professional standards being created for such roles. These standards will probably be enforced by an independent body (perhaps part of the CQC) with powers of disciplinary sanction.

Complaints procedures and incident reports

The report highlights the need for information about things which are going wrong in a Trust to be fed up to the board promptly and in sufficient detail for the directors to take appropriate remedial action. Key to achieving this is an effective complaints procedure and it is vital that complaints are thoroughly investigated and responded to promptly. The outcome of the investigations together with any action plan should be communicated to the complainant and front line staff in the services affected. The substance of complaints should also be reported to the Board so that any trends can be identified and investigated appropriately.

Trust links

The inquiry report considers that as treatments become more sophisticated and care more specialised, there is a good case for hospitals to focus on what they can do well and for arrangements to be made for other services to be provided elsewhere, or in co-operation with other facilities that have the necessary skills. Trusts should therefore review the services offered and consider how they might be strengthened by links with neighbouring Trusts.

The future

It remains to be seen how far the ripples caused by the Inquiry recommendations will spread. However, the report is a timely reminder for all who work within the NHS that people must always come before numbers. It also presents an opportunity for those who design and implement policy for the NHS both at a strategic and local level to devise a system whereby patients and their experiences are recognised alongside statistics, benchmarks and action plans.

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picture of Amelia Newbold
Amelia Newbold
0115 976 6583
Solicitor
   

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The content of this update is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

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