Hillsborough Law will be used to force hospital leaders to testify in Leeds maternity inquiry

Health Secretary James Murray made the commitment after it was revealed that some leaders and clinicians at the centre of the Nottingham review “were able to avoid giving evidence”.

The Government will use the Hillsborough Law to force hospital leaders, doctors and other people involved in the Leeds maternity scandal to give evidence in the upcoming inquiry, Health Secretary James Murray has revealed.

Mr Murray made the commitment in the House of Commons today as he was making a statement about the findings of the Nottingham inquiry.

A review, led by senior midwife Donna Ockenden, found that around 520 mothers and babies suffered potentially avoidable harm or died due to “deeply embedded systemic failures” at a “toxic” hospital trust.

It said leaders at Nottingham University Hospitals NHS Trust (NUH) knew there were serious issues in its maternity department going back years, but failed to take action to prevent more deaths.

To cries of “shame” from MPs, Mr Murray said that “there is real and understandable anger that some leaders and clinicians at the centre of this review were able to avoid giving evidence”.

Donna Ockenden said she raised concerns directly with LTHT about the tone of its social media content.placeholder image
Donna Ockenden said she raised concerns directly with LTHT about the tone of its social media content. | Donna Ockenden

“Today, I am making a commitment that, when passed, we will use the Hillsborough Law’s duty of candour to ensure witnesses in upcoming reviews into maternity service failures, including those in Leeds and Sussex, can be forced to provide evidence.

“This change will make sure that no one is able to refuse to cooperate in the search for accountability and justice ever again.”

A BBC investigation revealed the deaths of at least 56 babies and two mothers over the past five years may have been prevented, while legal firm Irwin Mitchell is representing more than 30 families in action against the trust.

Grieving Leeds mothers: Amarjit Matharoo, Lauren Caulfield, and Fiona Winser-Ramm.placeholder image
Grieving Leeds mothers: Amarjit Matharoo, Lauren Caulfield, and Fiona Winser-Ramm. | supplied

The Leeds Maternity Families Group paid tribute to the bereaved parents in Nottingham, saying they “are in awe of the strength, resilience and determination shown”.

“Their efforts have not only secured long-overdue scrutiny and accountability into widescale maternity failings in Nottingham, but have also helped to pave the way for families in Leeds to seek the same,” the said.

“The legacy of the Nottingham families’ campaign includes the Hillsborough law being applied to all future reviews, compelling staff both past and present to engage with inquiries.

“Today has only further solidified our certainty that we were right to push so hard for Donna Ockenden to be the chair of Leeds, as the work she has done here as well as in Shrewsbury and Telford is absolutely outstanding. We know that we will be in very safe hands in Leeds.”

Brendan Brown, the chief executive at the Leeds NHS trust, said: “We are committed to working openly and constructively with the independent inquiry into maternity care.”

Ms Ockenden said the “engagement” from regional health managers to the review in Nottingham was “extremely disappointing”. Of the 14 senior regional NHS managers contacted, only four ended up being interviewed.

Some 66 former and current NUH colleagues were also contacted on multiple occasions. Of these, 37 came forward and 35 were interviewed. The overall engagement of NUH managers was 53 per cent.

Nick Carver, NUH trust chairman and Anthony May, chief executive, who both joined in 2022, apologised in an open letter and said while improvements have been made, there is more to do.

They added: “We apologise unreservedly to the women and families who have suffered harm, loss, trauma or distress while receiving care in our services.”

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