Fact-Finding Investigation for an NHS Trust

Case Overview

G&A conducted a complex fact-finding investigation for an NHS Trust to firstly identify in Stage 1 of the investigation: what, if any, concerns were raised by staff about a dismissed high-profile Consultant’s clinical competence and capability, over a 10 year period. In Stage 2 of the investigation, we collated the responses of former and current staff members to the concerns identified in Stage 1 and carried out detailed analysis and assessment as to if the actions taken, in response to the concerns, were in line with the Trust’s Whistleblowing and Disciplinary and Management of Performance policies at the time.

Scope / Scale

This was a complex, two stage, fact-finding investigation carried out over 12 months which involved collating and reviewing information and documents over a 10-year period, carrying out interviews with the Group Chief Executive, Chief Medical Officer, Associate Director – Patient Relations & Experience, Divisional Directors, Legal Service Manager and 10 staff members.

We worked closely and in partnership with the Group Chief Assurance Officer throughout the investigation, and actively reviewed and discussed the scope and scale of the investigation throughout. We reacted to information which came to light during the investigation and included in the scope, an assessment and review of potential missed opportunities to take action in response to patient complaints regarding the high-profile Consultant’s clinical competency and capability.

Outcome

On conclusion of Stage 1 of the fact-finding investigation, we recommended the Trust undertake Stage 2 to obtain the current and former staff members’ responses to the concerns identified in Stage 1 as having been raised to them by staff, regarding the high-profile Consultant’s clinical competency and capability. Commendably, the Trust undertook Stage 2 of the investigation which concluded that several current and former staff members did not take the necessary action required on receipt of the concerns raised by staff and failed to comply with the Trust’s Whistleblowing and Disciplinary and Management of Performance policies at the time. The historic review of patient complaints and data also identified missed opportunities to take action in response to patient complaints. We worked in partnership with the Trust to collate Individual Summary Reports to provide to current and former staff involved, to inform them of the findings which had been made regarding their actions taken and to ensure learning from the failures identified.

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