Freedom of Information Request – Ref: 280-2024
Thank you for your recent Freedom of Information request. Please find our response below.
You asked:
1. Please confirm has your Trust adopted the Just Learning Culture in handling of concerns following receipt of Dido Harding’s letter that was sent to all Chairs and Chief Executives of NHS Trusts and NHS Foundation Trusts dated 23 May 2019.
Our response:
Yes and is outlined in the Trust Disciplinary policy and MHPS policy
You asked:
2. Does your MHPS Procedure set out an informal process to deal with concerns pertaining to conduct/ capability of medical and dental staff, if so please provide details.
Our response:
Yes it states: As a general principle, issues of minor misconduct or performance will be dealt with informally by the practitioner’s immediate clinical line manager using the principles of Just and Learning Culture as described above. Consideration should be given to whether an action plan to resolve the problem can be agreed with the practitioner. Advice on the practicality of this approach should be sought from PPA. There is also a flowchart at the end of the policy outlining this process.
You asked:
3. Please provide details of what training and support is provided by your Trust to Case Investigators and Case Managers when dealing with MHPS cases.
Our response:
A rolling programme of training is arranged with NHS Resolutions every 3 – 4 years, and sometimes a neighbouring Trust offer us to join their training in between. A trained HR Manager supports each case.
You asked:
4. Please can you confirm if your Trust has a Decision-Making Group and if so, please can you confirm who sits on this group/how this is constituted and its remit?
Our response:
Yes it does. Group members may be the Medical Director, Responsible Officer, HR, and Director of Medical Education. They assess the seriousness of the case, help the Case Manager make decisions and have access to legal advice.
You asked:
5. The number of cases of medical and dental staff that were handled and resolved via a Just Culture approach and informal process.
Our response:
Three known to HR since we merged Trusts in October 2019, but we may not always be aware of concerns dealt with informally by medical management.
You asked:
6. The number of cases of medical and dental staff that were subjected to a formal MHPS investigation.
Our response:
Three, but no information before October 2019 when we became a merged Trust
You asked:
7. The number of medical and dental staff that have been formally excluded under MHPS and the duration of the exclusion.
Our response:
One for 4 weeks when it was reviewed and changed to alternative duties
You asked:
8. Where medical and dental staff have been formally excluded under MHPS please provide a breakdown of whether this was on grounds of a) a need to protect the interests of patients or other staff pending the outcome of a full investigation, and/or b) the presence of the practitioner in the workplace was likely to impede the gathering of evidence during the investigation?
Our response:
a) A need to protect the interests of patients or other staff pending the outcome of a full investigation
You asked:
9. How many medical and dental staff have been the subject of a formal process in relation to concerns over conduct and performance after they have made a protected disclosure (whistleblowing) following concerns over patient safety or other issues?
Our response:
None
You asked:
10. Please provide the number of medical and dental staff that were placed on restricted duties and the duration of these restrictions.
Our response:
One (the same one as mentioned above) after the exclusion was lifted. It was in place for 8 months until the investigation was complete.
You asked:
11. Please provide a breakdown of how many of these formal MHPS investigations were:
Our response:
– Resolved with no further action due to the concerns not being upheld. One (did not proceed to a hearing)
– Resolved via an agreement to proceed through a disciplinary fast track process which avoided the need to proceed to a formal hearing
– Proceeded to a formal hearing – conduct or capability (provide breakdown)
– Other outcome – provide details – Two. Informal management (no hearing)
You asked:
12. Of the cases that proceeded to a formal hearing please confirm how many of these resulted in:
– No disciplinary sanction – because the allegation/ concerns were not upheld
– No disciplinary sanction – but ended with a recommendation for additional training/remediation/support
– A disciplinary sanction – please confirm the level of this sanction (e.g. written warning/final written warning/dismissal)
– Number of medical staff who appealed the disciplinary sanction and the outcome
– Other outcome – provide details
Our response:
No cases proceeded to a formal hearing
You asked:
13. Please provide length of time from start to finish of each MHPS
Our response:
Two investigations (related) which commenced in 2019 took 22 weeks. One investigation which commenced in 2021 took 35 weeks
Next steps:
Should you have any queries in relation to our response, please do not hesitate to contact us. If you are unhappy with the response you have received in relation to your request and wish to ask us to review our response, you should write to:
Louise Moss
Head of Legal Services / Associate Director of Corporate Governance
c/o Gloucestershire Health and Care NHS Foundation Trust
Edward Jenner Court
1010 Pioneer Avenue
Gloucester Business Park
Brockworth, GL3 4AW
E-mail: louise.moss@ghc.nhs.uk
If you are not content with the outcome of any review, you may apply directly to the Information Commissioner’s Office (ICO) for further advice/guidance. Generally, the ICO will not consider your case unless you have exhausted your enquiries with the Trust which should include considering the use of the Trust’s formal complaints procedure. The ICO can be contacted at: The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.