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CQC 'may reveal NHS cover-up names' CQC 'may reveal NHS cover-up names'
(about 7 hours later)
England's NHS regulator is to review a decision not to name those behind a possible "cover-up" after a series of baby deaths at a Cumbria hospital.England's NHS regulator is to review a decision not to name those behind a possible "cover-up" after a series of baby deaths at a Cumbria hospital.
A review of the Care Quality Commission (CQC) response to complaints about the Furness General Hospital deaths found a manager may have ordered the deletion of a report critical of the regulator.A review of the Care Quality Commission (CQC) response to complaints about the Furness General Hospital deaths found a manager may have ordered the deletion of a report critical of the regulator.
The individual denies the allegations.The individual denies the allegations.
CQC chief executive David Behan said it was reviewing legal advice not to reveal the names of those involved.CQC chief executive David Behan said it was reviewing legal advice not to reveal the names of those involved.
He said the CQC would now see if they could be "put into the public domain".He said the CQC would now see if they could be "put into the public domain".
It follows growing pressure to publicly name those involved.It follows growing pressure to publicly name those involved.
More than 30 families have taken legal action against the hospital in relation to baby and maternal deaths and injuries from 2008. Information Commissioner Christopher Graham told the BBC that senior managers could not "hide behind the Data Protection Act".
'Deliberate cover-up''Deliberate cover-up'
More than 30 families have taken legal action against the hospital in relation to baby and maternal deaths and injuries from 2008.
Consultants Grant Thornton were asked by the health regulator to investigate its own failure to spot the problems: in 2010, Morecambe Bay NHS Trust, which ran the hospital, had been given a clean bill of health.Consultants Grant Thornton were asked by the health regulator to investigate its own failure to spot the problems: in 2010, Morecambe Bay NHS Trust, which ran the hospital, had been given a clean bill of health.
Grant Thornton found that, a year after this, with more concerns emerging, an internal review had been ordered into how the problems had gone unnoticed.Grant Thornton found that, a year after this, with more concerns emerging, an internal review had been ordered into how the problems had gone unnoticed.
In March 2012 it was decided the findings should not be made public because the review was highly critical of the regulator.In March 2012 it was decided the findings should not be made public because the review was highly critical of the regulator.
That order is said to have come from a senior manager who has not been named and who denies the allegations.That order is said to have come from a senior manager who has not been named and who denies the allegations.
The latest report said this "might well have constituted a deliberate cover-up".The latest report said this "might well have constituted a deliberate cover-up".
On Thursday, Health Secretary Jeremy Hunt said that was "completely unacceptable" and that there should be "no anonymity, no hiding place, no opportunity to get off Scot-free for anyone at all who was responsible for this".On Thursday, Health Secretary Jeremy Hunt said that was "completely unacceptable" and that there should be "no anonymity, no hiding place, no opportunity to get off Scot-free for anyone at all who was responsible for this".
And Information Commissioner Christopher Graham told BBC Two's Newsnight: "This feels like a public authority hiding behind the Data Protection Act - it's very common but you have to go by what the law says and the law is very clear. Information Commissioner Mr Graham told BBC Breakfast: "What appeared to be going on yesterday was a sort of general duck-out saying 'oh, data protection, sorry can't help you' - that's all too common and in this case it certainly looked as if data protection really wasn't the issue."
"You have to process data fairly, you have to take into account people's expectation of confidentiality." He said he could not order the CQC to reverse its decision but said he was glad it was looking at the issue.
He said that was "obviously" the case with patient data in particular. "So far as the Data Protection Act is concerned, we all have a right to the protection of our personal privacy but if you are a senior official then there are issues about the point at which your privacy is set aside because of over-riding public interest. That's really the issue at stake here," he said.
But when it came to officials, "there you have to apply a public interest test", he added.
He said he was "not convinced" the CQC had been correctly advised.
'Good faith''Good faith'
Its chief executive, Mr Behan, said he had been advised that "to put people's personal data [into the report] would be a breach of their rights".Its chief executive, Mr Behan, said he had been advised that "to put people's personal data [into the report] would be a breach of their rights".
"I was acting on the legal advice I was given, I acted in good faith," he told Newsnight."I was acting on the legal advice I was given, I acted in good faith," he told Newsnight.
He said he had "listened to what the information commissioner has said".He said he had "listened to what the information commissioner has said".
He added: "We've decided today that we will review that legal advice and we've commissioned a review of that legal advice to see if we can put this information into the public domain."He added: "We've decided today that we will review that legal advice and we've commissioned a review of that legal advice to see if we can put this information into the public domain."
In a statement to the House of Commons on Wednesday, Jeremy Hunt said the CQC was already introducing a tougher inspection regime and had just appointed a chief inspector of hospitals.In a statement to the House of Commons on Wednesday, Jeremy Hunt said the CQC was already introducing a tougher inspection regime and had just appointed a chief inspector of hospitals.
He added: "What happened at Morecambe Bay is, above, all a terrible personal tragedy for all the families involved.He added: "What happened at Morecambe Bay is, above, all a terrible personal tragedy for all the families involved.
"I want to apologise on behalf of the government and the NHS for all the appalling suffering they have endured.""I want to apologise on behalf of the government and the NHS for all the appalling suffering they have endured."
The CQC has said it is "desperately sorry this has happened" and said publication "draws a line in the sand for us".The CQC has said it is "desperately sorry this has happened" and said publication "draws a line in the sand for us".
The publication of Wednesday's report comes four months after a public inquiry into the failings at another hospital - Stafford - criticised the culture of the NHS as more concerned with protecting "corporate self-interest" than patient care.The publication of Wednesday's report comes four months after a public inquiry into the failings at another hospital - Stafford - criticised the culture of the NHS as more concerned with protecting "corporate self-interest" than patient care.
Mr Hunt told MPs the government was introducing measures to make the NHS more transparent, including a duty of candour to compel the health service to be open and honest about mistakes.Mr Hunt told MPs the government was introducing measures to make the NHS more transparent, including a duty of candour to compel the health service to be open and honest about mistakes.