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CQC 'to reveal NHS cover-up names' ministers say | |
(35 minutes later) | |
England's NHS regulator will name some officials accused of covering up a failure to investigate deaths of babies at a Cumbria hospital, ministers say. | |
Pressure is mounting on the Care Quality Commission to name managers who apparently blocked publication of a critical report. | |
The Information Commissioner said the Data Protection Act does not overide public interest in releasing the names. | |
The CQC said no decision had yet been formally reached. | |
However it has said it is exploring all legal means possible to see if names can be made public. | |
Senior managers are currently meeting to discuss the issue. | |
However, Health Minister Lord Howe said those involved will be named. | |
Speaking in the House of Lords, he said his "understanding" was that the CQC would reveal the identities of some of the officials involved later on Thursday. | Speaking in the House of Lords, he said his "understanding" was that the CQC would reveal the identities of some of the officials involved later on Thursday. |
However, the CQC said no official decision has yet been made. | However, the CQC said no official decision has yet been made. |
Before the meeting, CQC chief executive David Behan confirmed he was reviewing legal advice not to reveal the names of those involved. | Before the meeting, CQC chief executive David Behan confirmed he was reviewing legal advice not to reveal the names of those involved. |
It follows growing pressure to publicly name those involved. | It follows growing pressure to publicly name those involved. |
Information Commissioner Christopher Graham told the BBC that senior managers could not "hide behind the Data Protection Act". | 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. | 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 Wednesday, 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 Wednesday, 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". |
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." | 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." |
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 he could not order the CQC to reverse its decision but said he was glad it was looking at the issue. |
"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. | "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. |
'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. |