After three years of evidence, testimony and scrutiny, Lady Justice Thirlwall has delivered one of the most significant reports on NHS patient safety. 

What is the Thirlwall Inquiry?

The Thirlwall Inquiry is a statutory public inquiry established to examine the circumstances in which Lucy Letby, a neonatal nurse at the Countess of Chester Hospital, was able to murder seven babies and attempt to murder six others between June 2015 and June 2016.

The Inquiry, chaired by Lady Justice Thirlwall, was tasked with examining what the hospital and wider NHS knew, when they knew it, and whether earlier action could have prevented the harm caused. Its terms of reference covered the conduct of hospital management, the effectiveness of governance and safeguarding systems, the role of regulatory and oversight bodies, and whether existing policies and procedures were adequate to protect patients. The Inquiry heard evidence from over 200 witnesses across more than 100 days of hearings.

The Thirlwall Inquiry report is the final output of the inquiry. It spans three volumes, but its core message is clear: patient safety must always come first. 

The findings of this report extend far beyond the Countess of Chester Hospital. They represent a fundamental challenge to the way NHS organisations are led, governed and held to account. 

Key headlines for NHS bodies from the Thirlwall Inquiry report

• Warning signs were present and were missed. Statistical signals of increased mortality were sufficient to warrant investigation far earlier than action was taken.
• Senior managers failed to act on clinician warnings of deliberate harm, and instead pursued HR and communications-led responses when safeguarding action was required.
• Reputation was placed above patient safety. 
• External reviews cannot substitute for police referrals where deliberate harm is suspected.
• Incident reporting systems were not fit for purpose – sudden and unexpected deteriorations in babies’ conditions went unrecorded, deaths were under-graded, and the Board was left without the information it needed
• Boards must own neonatal safety data in real time, with Board-level monitoring of all child and baby deaths required by 31 March 2027.
• Most NHS inquiry recommendations over the last 30 years have not been implemented. The Report calls for independent monitoring of implementation going forward.

NHS trusts should act now to audit governance frameworks, review escalation routes, and map the report’s recommendations against current practice. 

Browne Jacobson is preparing a fuller briefing on the report and the 17 recommendations which have been made, which will include an assessment of what the Secretary of State’s response means for NHS bodies.

If you would like to understand what the Thirlwall Inquiry report means for your organisation and what steps you should take, we would be happy to help.