Lucy Letby hospital consultant warns of another big scandal if whistleblowers aren’t protected
An NHS consultant at the hospital where Lucy Letby murdered seven babies has warned the health service is “almost guaranteeing” another big scandal if whistleblowers are not offered more protection.
Dr Ravi Jayaram, a consultant paediatrician at the Countess of Chester Hospital where Letby killed the babies and attempted to murder six more, says “the system is stacked against the whistleblower”.
The nurse was able to carry out her crimes after the concerns of whistleblowers at the hospital were ignored. It also emerged managers there took 11 months to involve police after suspicions were raised.
In an interview with Sky News, Dr Jayaram backs proposed reform to whistleblowing legislation as part of a private members bill which is due its second reading in the Commons on Friday.
It calls for an independent “Office of the Whistleblower”, which would offer more protection to all members of the public.
“If things stay the same, then the behaviours will stay the same,” Dr Jayaram says, “there will continue to be times when people are too scared to raise concerns for fear of personal harm and retribution.”
He describes a general “culture of cover-up” with “major implications” for not just healthcare, and patient safety, but “across all institutions”.
“By not acting now we’re almost guaranteeing another big NHS scandal… another revelation such as Shrewsbury and Telford, such as the Post Office.”
Dr Ravi Jayaram has called for whistleblowers to be better protected
Currently whistleblowing in the UK is protected by the Public Interest Disclosure Act (PIDA), which was introduced 25 years ago.
It allows a whistleblower to seek compensation through an employment tribunal if they suffer a detriment because of raising concerns.
It has, however, been criticised for being costly and not addressing or forcing investigations into the reasons behind the whistleblowing.
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Letby: Why were warnings ignored?
Georgina Halford-Hall, director of the WhistleblowersUK not-for-profit organisation that supports whistleblowers, says existing legislation “turns a serious concern that might be about the death of babies, or massive fraud, into a simple dispute between an employer and a worker”.
“The allegations get lost somewhere in the system.”
“Currently legislation incentivises wrongdoing because nobody’s held to account,” she continues, adding that if the law had changed years ago the Post Office scandal may never have happened.
“We know that there were whistleblowers at the Post Office. We know there were whistleblowers across all of the hospitals, and nobody is listening to them.”
Read more:
Doctors will be ‘supported to speak out’ under new guidelines
How police caught Lucy Letby
Georgina Halford-Hall says ‘nobody is listening’ to some whistleblowers
‘I couldn’t see a way out’
Peter Duffy worked as a consultant urologist at Morecambe Bay NHS Trust and raised concerns about widespread harm in his department.
He left his job as a result, and has since retired early from the medical profession.
“You’re just doing your job,” he says, “it’s only when it’s too late you realise you’re a whistleblower.”
He describes wanting to take his own life due to the toll it took on him personally and professionally: “I couldn’t see a way out.”
Peter Duffy felt suicidal after raising concerns
Aaron Cummins, chief executive at University Hospitals of Morecambe Bay NHS Foundation Trust, says a 2019 independent investigation looked into all concerns raised about the trust’s urology services.
“We encourage colleagues working at the trust to speak up where they have concerns about patient safety or the wellbeing of their colleagues”, he says, “and work hard to foster an environment where raising concerns is prioritised and respected as an essential part of our core business.
“We acknowledge that governance at the trust was not good enough in the past and issues raised were not always addressed.
“There is still more to do, and our priority now is to make further progress and ensure all improvements are robust and sustainable.”
Mr Duffy is also backing the new bill proposing an Office of the Whistleblower, which would have powers to force action and refer criminal offences for investigation.
If it passes through parliament it would also mean the government would have to initially fund the central body.
Eventually more funding would come from fines imposed on organisations.
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Mary Robinson, chair of the All-Party Parliamentary Group (APPG) for Whistleblowing, believes it would “save money” long term by “ending the culture of cover-up”.
“There’s a cost to this cover-up”, she says, “there is a cost to paying people off when they’ve been unfairly dismissed, and also a cost in human lives”.
“It would prevent more cases because it will change the culture in organisations and we need to bring about that culture change.”
A government review of existing UK whistleblowing legislation was due to be published in Autumn 2023, but has been delayed.
No reasons have been given for the delay but a department for business and trade spokesperson said it will be published “later this year”.
Anyone feeling emotionally distressed or suicidal can call Samaritans for help on 116 123 or email jo@samaritans.org in the UK. In the US, call the Samaritans branch in your area or 1 (800) 273-TALK
Prosecutions of sub postmasters by the Department for Work and Pensions could be “tainted” as Sky News reveals officials worked with now discredited Post Office investigators to secure convictions.
Around 100 prosecutions of Post Office staff were led by the Department for Work and Pensions (DWP) between 2001 and 2006.
It is understood that these usually involved the cashing in of stolen order books.
The Post Office itself wrongly prosecuted hundreds of sub-postmasters between 1999 and 2015 – based on evidence from the faulty Horizon accounting system.
The role of government
A Sky News investigation, however, has discovered that information was shared between Post Office investigation teams and the DWP.
Chair of the Justice Select Committee, Sir Robert Neill KC, said as a result DWP convictions “need to be looked at”.
“I hadn’t been aware of that, for example, there may have been material in the DWP case as a result of joint investigations – which suggests a disclosure failure,” he added.
“I think that’s the area they need to look at if we are saying their approach was tainted from the beginning – in the way the investigators adopted things – then joint operations I suspect would be just as tainted arguably as something where it has been the Post Office on its own.”
What was known?
A 2003 DWP report into fraud describes “joint working” and the “sharing of information” with the Post Office.
It also outlines a “Fraud Prevention Board” established by the DWP and Royal Mail Group plc which includes “the exchange of information that directly assists fraud prevention and investigations”.
In addition, separately, a 2003 letter seen by Sky News also indicates a connection between DWP and Post Office investigations.
The letter, from the then post affairs minister Stephen Timms, references the case of Roger Allen, a sub-postmaster from Norwich.
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It states: “Subsequent investigations by the police, the Post Office Investigation Department and the Department for Work and Pensions (DWP) led to a prosecution by DWP…”
Roger Allen was convicted in 2004 of stealing pension payments and was sentenced to six months in prison. He died in March of this year.
Mr Allen had pleaded guilty to spare his wife – after his lawyer told him in a letter that there had been “an indication from the Crown that they may discontinue the proceedings against Mrs Allen were you minded to plead guilty”.
Despite the Criminal Cases Review Commission deciding Mr Allen had grounds to appeal against his conviction – it was upheld by the Court of Appeal in 2021.
DWP prosecutions are not covered in upcoming government legislation that will overturn Post Office convictions.
Roger Allen. Pic: Keren Simpson
Fighting to clear names
Keren Simpson, Roger’s daughter, has vowed to fight to clear his name posthumously.
She describes her father as a “proud” and “honest” man who “couldn’t face or deal” with the fact his conviction would not be overturned.
She says “in the end he obviously gave up” and there is “very little surviving evidence” because of the passage of time.
“He’s the innocent one,” Keren states. “I don’t see why he’s got to try and prove it. They have got to try and prove it, and show what evidence they actually had on my dad.
“Because the Department of Work and Pensions have put a statement out saying there was surveillance and witness testimonies and physical evidence to show it.
“Show me it.”
Roger Allen. Pic: Keren Simpson
Investigation failures?
Sky News has also seen documents that suggest failures by DWP investigators in a different case in the 2000s.
It involved a sub-postmaster who decided to plead not guilty and was acquitted of stealing by a jury.
In one extract it says a “senior investigating officer” was “willing to admit in open court that (they) had been neglectful in (their) duty in securing evidence”.
Another document appears to show a failure to review transaction logs used as evidence against the sub-postmaster.
Some logs appear to show that the accused did not cash the “dockets”, used to collect pension payments.
Other transaction logs indicate the sub-postmaster was not present at a particular branch when the theft was alleged to have occurred.
Christopher Head
Chris Head, former sub-postmaster and a campaigner for others, has also seen the documents and says they point to a “deeply flawed” DWP investigation.
“…they failed to obtain all transaction logs for the entirety of this case, but the ones that they have, they have they clearly haven’t looked at.”
He believes there are “more cases out there” which could be “part of a miscarriage of justice”.
A Department for Work and Pensions spokesperson said: “We do not recognise these claims.
“DWP investigates offences against the welfare system to protect taxpayers’ money, and between 2001 and 2006 a small number of Post Office staff were convicted for welfare-related fraud.
“These cases involved complex investigations and were backed by evidence including filmed surveillance, stolen benefit books and witness statements – they did not rely on Horizon evidence, and this has been accepted by the Court of Appeal.”
The Post Office says it “continues to help other prosecuting authorities to ensure that they have every assistance in taking their work forward”.
“This includes sharing all the information we have in relation to prosecutions which have been brought by other prosecutors.”
Meanwhile, Lord Sikka has tabled an amendment in the House of Lords to the Post Office (Horizon System) Offences Bill to include all DWP convictions.
An outbreak of a waterborne disease in Devon has prompted urgent warnings for residents to boil their tap water.
At least 22 cases of cryptosporidiosis disease have been confirmed in and around the town of Brixham in South West England.
But what is the parasite that is making people sick, what are the symptoms of being infected with it and how serious can it be?
What is cryptosporidiosis disease?
Cryptosporidiosis is the disease caused by the parasite cryptosporidium.
Often shortened to crypto, infections can be caused by drinking contaminated water or swallowing contaminated water in swimming pools or streams.
It can also be acquired through contact with the faeces of infected animals or humans.
What are the symptoms?
The symptoms of cryptosporidiosis include:
• profuse watery diarrhoea
• stomach pains
• nausea or vomiting
• low-grade fever
• loss of appetite
How long does it last?
Most people develop symptoms within one to 12 days of picking up the parasite.
Symptoms usually last for about two weeks, but can last up to six weeks or longer when the immune system is not working properly.
During the illness, you might think you are getting better but the illness returns a couple of days later before you fully recover.
How serious is it?
Most people recover, but in people with severely weakened immune systems it can cause severe disease and can be fatal.
Serious cases and death used to be more common, according to Paul Hunter, professor in medicine at the University of East Anglia (UEA).
This is because before effective antiretroviral treatments were introduced for HIV/AIDS, people living with these illnesses would not recover if they picked up cryptosporidiosis.
Who is most at risk of serious illness?
People with weak immune systems are at greater risk of serious illness. This includes:
• people on some immunosuppressive drugs, for example cancer or transplant patients
• people with untreated HIV/AIDS
• malnourished children
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Residents ‘worried’ over water parasite
Does it need treatment?
There is no specific treatment for cryptosporidiosis.
It important to drink plenty of fluids as diarrhoea or vomiting can lead to dehydration, according to advice from the UK Health Security Agency (UKHSA).
You might also want to talk to a pharmacist about oral rehydration sachets to help replace the sugar, salts and minerals the body has lost.
Dr Lincoln Sargeant, Torbay’s Director of Public Health, said anyone with “severe symptoms like bloody diarrhoea” should contact NHS 111 or their GP.
Severe cases may require hospital treatment.
How do you know if you have crypto?
The symptoms of crypto are similar to other stomach bugs, so the only way to know for sure if you have it is for your doctor to send a sample of your faeces to be tested in a laboratory.
Read more:
Water disease outbreak may last a week, expert says
Sickness outbreak forces farm to cancel animal cuddling
Keep up with all the latest news from the UK and around the world by following Sky News
How can you stop the illness spreading?
If you are ill, stay away from nursery, school or work while you have symptoms, and for at least 48 hours after they stop.
You should also avoid swimming for two weeks after being unwell.
You should not prepare food for anyone else until 48 hours after diarrhoea has stopped.
Make sure you’re using good handwashing practices too, washing your hands thoroughly when handling food and after using the toilet.
The UKHSA also advises washing bedding and towels on the hottest possible cycle.
UK
Lucy Letby: Families of victims want inquiry live streamed to stop ‘grossly offensive’ conspiracy theories
The inquiry into how nurse Lucy Letby was able to murder babies at a hospital in Chester will begin to hear evidence in September.
Lawyers for the families of Letby’s victims told a preliminary hearing that the inquiry should be live streamed to the public to prevent the spread of “grossly offensive” conspiracy theories.
Letby was sentenced to 14 whole-life orders after she was convicted of murdering seven babies and attempting to murder six others while working on the neo-natal unit at the Countess of Chester Hospital in 2015 and 2016.
At the preliminary hearing, inquiry chair Lady Justice Thirlwall heard submissions on whether the hearings should be publicly broadcast.
Peter Skelton KC, on behalf of the families of six babies, said Letby’s crimes continued to be the subject of conspiracy theories online.
“One of the most effective antidotes to those theories and the damage they cause will be to see and to hear the people involved in the hospital give a true and comprehensive account of the facts,” he said.
But Andrew Kennedy KC, representing the Countess of Chester, said there was a “high level of anxiety” from staff at the prospect of giving evidence which was live streamed.
He said: “If a witness is concerned about live-streaming then if we can remove that concern we can, we would suggest, encourage candour, frankness and openness.”
Letby was given multiple whole-life terms and will be re-tried on one charge next month
Richard Baker KC, representing some of the other families, said: “Their desire in this case is for change and so that others do not experience what they have experienced.”
They were “saddened” and “concerned” at the suggestion the lack of transparency might continue, he said.
Lady Justice Thirlwall will give her decision on whether the hearings will be broadcast at a later date.
She had begun the proceedings with a pause for reflection on the “lives lost”, “injuries sustained” and “suffering” of the families.
Read more from Sky News:
Boy dies after falling from apartment block in east London
Top midwife slams progress two years after key report
The hearing was told 188 requests for information had been made to individuals including midwives, nurses, doctors, managers and members of the hospital board.
The inquiry hearings are scheduled to begin on 10 September at Liverpool Town Hall.
Keep up with all the latest news from the UK and around the world by following Sky News
The parents of the babies will be among the first to give evidence.
Counsel to the inquiry Rachel Langdale KC told the hearing: “There are no sides. It is a search for the truth.”
Last month Letby asked the Court of Appeal for permission to mount a full legal challenge to her conviction. Judges are due to rule on this at a later date.
The former nurse is due to face a re-trial next month on one charge of the attempted murder of a baby in February 2016.
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