NHS managers who are responsible for services and departments where patients’ lives have been endangered must not be allowed to walk into new jobs within the health service, lawyers have told the Department of Health and Social Care (DHSC).
“There’s nothing to stop a manager who has committed serious misconduct at one trust taking up a similar job at another trust unchallenged before disciplinary proceedings take place. It smacks of a cover-up culture which plagues the health service and weakens patient safety,” said Matthew Tuff, joint vice president of not-for-profit campaign group the Association of Personal Injury Lawyers (APIL).
The comments form part of a response to a DHSC consultation on proposals to regulate NHS managers and leaders. APIL has told the DHSC that a new independent regulatory body should be established, which would set national standards for NHS managers. It would have the power to apply sanctions, including barring managers who have committed serious breaches, or are involved in cover-ups, from holding top jobs.
“Stringent national regulations for NHS managers are being considered for the first time. This is long overdue. Doctors and nurses are subject to regulations yet their bosses, including, chief executives, non-executive directors, senior strategic level managers, and clinical directors, are not,” Mr Tuff explained.
“The decisions and conduct of NHS managers have a significant effect on patient safety. Bosses should be accountable for any failings in patient care on their watch,” he went on.
“Failure to hold managers to account undermines patient safety and public trust in the NHS. This would not happen in any other industry,” he added.
“It’s crucial that any new regulations include that health bosses comply with an individual professional duty of candour which requires them to be open and honest with patients and their families when mistakes are made. Having an open and honest culture running from top to bottom in the NHS is key to tackling failures quickly, and improving care.
“Our members have dealt with clinical negligence cases where healthcare professionals are initially open and honest about failings in care, but when senior managers get involved the ‘cover-up’ culture kicks in and they deflect and deny wrongdoing. The introduction of a professional individual duty of candour is key to stopping this,” said Mr Tuff.