Transforming Maternity Safety: A Call to Action

The ambition for change

In the wake of the Morecambe Bay Investigation report (2015), the need to improve  the safety of maternity services in England has been at the forefront of national attention. Following that report, the UK government’s commitment to halve the rate of stillbirths and infant deaths by 2025 underscored the urgency of the mission.

9 years later, despite commendable initiatives such as the establishment of a National Maternal and Neonatal Health Safety Collaborative, the appointment of Maternity Safety Champions and an independent programme of maternity safety investigation, the journey towards achieving these objectives remains fraught with challenges.

Where are we now?

Relative to 2010 rates, interim targets to reduce stillbirths and neonatal deaths by 20% were met in 2020 – a significant and commendable achievement that translates to 100’s of lives saved. However, both stillbirth and neonatal death rates increased again in 2021 and according to recent independent analysis, the 2025 targets are not on track to be met. The latest report from MBRRACE show that in 2020-22, maternal death rates shot up to levels not seen for 20 years – a jump of 20% from 2017-19 (and a sharp increase even when adjusting for Covid related deaths is taken into account).

Moreover, disparities persist, with black and Asian babies facing disproportionately higher risks, and individuals from deprived areas bearing a heavier burden of stillbirths and maternal mortality.

Recent independent investigations into maternity services, notably the Ockenden report on failures at Shrewsbury and Telford, and the inquiry into maternity services at East Kent in 2022, have revealed alarming trends with findings not dissimilar to those found in the Morecambe Bay Investigation seven years earlier.

Despite efforts to improve, findings from the Care Quality Commission paint a sobering picture, with two-thirds of maternity services rated as either ‘inadequate’ or ‘requires improvement’ for safety.

The cost of harm

The financial toll of clinical negligence payments relating to maternity care is staggering, with NHS Resolution estimating the ‘cost of harm’ in 2022/23 alone to be £4 billion – £126 per second. But greater still is the human cost, with lives forever altered by preventable harm.

Behind these statistics lie harrowing tales of distress and disillusionment. A quarter of respondents to the recent CQC maternity survey expressed feeling unheard during labour and birth and in 2022, 63% of midwives reported experiencing stress-related illnesses in the past year. These narratives underscore systemic issues encompassing culture, leadership, inequality, and accountability that continue to thwart efforts to deliver safe maternity care.

Where are we going wrong?

A review of maternity initiatives in the English NHS covering 2010–2023 concluded that ‘poor transparency of reporting and weak or absent evaluation’ were undermining improvement effort’. The research identified ‘…widespread poor practice in programme design, transparency of reporting and evaluation’, so part of the problem is that we lack a detailed understanding of what has been working well, what hasn’t and why.

At a national and local level, gaps exist between recommendations to learn from patient safety problems and the changes intended being implemented.  At a national-level, inquiries are carried out but too often the inquiry chair and panel are then quickly disbanded with their recommendations sitting loosely in the system with no rigorous oversight or accountability for implementation.  A recent report from the expert panel of the Health and Social Care Select Committee (HSCS) looked at  five recommendations from independent inquiries and reviews going back to 2013, covering recommendations to improve maternity care and leadership, staff training, safety culture, and whistleblowing. The report found ‘concerning’ delays to take real action to implement recommendations and rated the overall progress by the government as “requiring improvement.” 

A lack of courage to confront difficult issues

The issues holding back maternity safety improvement are complex and some have become toxic and difficult to raise.  Strong evidence points to decades of advocacy for “normal birth” having inadvertently led to a culture that devalues medical intervention and pulls against the approach needed for safe maternity care. Interprofessional tribalism further exacerbates tensions, hindering collaboration and trust between midwives, obstetricians and other maternity professionals. Moreover, there remains a culture of fear – a lack of ‘psychological safety’ for staff and a leadership culture that prioritises reputation over patient safety, perpetuating a cycle of secrecy and denial.

Whist non-confrontational issues relating to workforce and the need for more investment are frequently (and rightly) championed, there appears to be a reluctance to acknowledge these other more difficult problems explicitly, and an unwillingness to  examine the causes and develop strategies for improvement. For example, the Maternity and Newborn Safety Investigations (MNSI) programme (formally part of HSIB) have been conducting independent investigations into certain maternity safety incidents since 2018. MNSI do not dispute that their investigations  ‘regularly pick up’ a ‘professional bias towards the normalisation of pregnancy and childbirth’ as a factor in what happened, yet no mention of this has been published and the issue is absent from any  thematic  work intended to inform national learning and change.

Where can we go from here?

The recurrent call for national inquiries underscores the systemic and persistent nature of the challenge. Addressing fundamental issues demands a holistic approach that transcends individual unit-level investigations. This entails reimagining the entire maternity system, from education and training to regulatory frameworks and cultural norms. At its core, this is a call for systemic transformation—a recognition that the current system is failing not only women and families but also the dedicated staff on the front line. It is a call to confront uncomfortable truths, dismantle entrenched barriers, and forge a path toward a future where every mother and baby receives the safe, dignified care they deserve. Where all maternity services are safe not just for the ‘majority’ – ‘most of the time’, but for ‘everyone’ – ‘all of the time’.

Recently conversations with senior system leaders suggest to me that there is currently great resistance to deviating from the current path; a fear that the landscape is already too complex and that ‘…we need to get on with the changes that we know are needed rather than start another inquiry that will cause delays and add to the complexity’. This is the wrong approach.

In my view we do need a fresh national review of maternity safety. This wouldn’t need to delay work already in motion, rather it could run alongside and consider the impact of what is already in progress. Crucially, a new national review could evaluate the work that has been undertaken to date, build on what has worked, identify the gaps and make badly needed recommendations to improve and streamline the national infrastructure and support to drive improvement – in much the same way as the national plan to improve cancer care did in 2000. It can be done.

James Titcombe – April 2024

15 years ago today…

Joshua, 27th October 2008

With every birthday that passes I wonder what he would be like now? Today Joshua should be celebrating his 15th Birthday. 15 feels like such a big year, where children change to young adults. In that other world we often dream about, I imagine myself trying to guide him towards making wiser decisions than I did at that age, and urging him not to make the same mistakes!

Although 15 years have passed, it’s still hard to accept the reality that all we will ever be able to do is imagine.

Joshua had his life taken away from him at just 9 days of age. It’s not possible to gently describe the events that led to this. 24 hours after his birth, Joshua collapsed with sepsis. He then endured 8 days of intensive care (in Manchester and later Newcastle) where he put up the strongest of fights, only to eventually bleed to death as consequence of a necrotic left lung. That description is as soft as I can make it – the reality (and the images I have etched in my memory forever) – are too distressing to share again.

All of this could and should have been avoided had Joshua received the most basic care, in line with standards and protocols that should have been routine in any maternity unit in the country. Instead, dreams, hopes and a lifetime of love were changed forever.

Joshua on 5th Nov, 2008

The guilt I feel for not doing more to challenge the answers I was given when I raised concerns about Joshua will never leave me. Although logically I know it’s an unfair burden to carry – it’s every parents duty to protect their children and a feeling of responsibility for failing to do so often lingers.

The lead up to Joshua’s birthday is always tough – perhaps more tough than it should be – maybe I’ve not been as good at ‘moving forward’ as I could have been – but however hard I try not to think about it, the change in the weather, the autumn hues, Halloween and the build-up to Bonfire night (the day Joshua died) always evoke memories and feelings that I can’t seem to evade.

In previous years I’ve tried to mark the occasion with positive messages and thoughts – the kindness Joshua has bought into our lives and, hopefully, the difference his short life has made has been a source of comfort. But this year it’s hard to take consolation from looking there. Put simply, it feels right now that progress in maternity safety has stalled and worse still, that in some areas we are now at risk of heading backwards.

So where are we now?

The latest ‘State of Care’ report from the Care Quality Commission (CQC), published just last week paints a worsening picture of maternity services with the number of units with an overall rating of ‘inadequate’ or ‘requires improvement’ now standing at 49% – up from 39% the year before. Look specifically at CQC’s ratings for ‘safety’ and the picture is even more concerning, with 65% of maternity services falling below ‘good’.

CQC’s ‘State of Care’ Report, September 2023

The latest data from MBBRACE, looking at both maternal mortality and perinatal mortality, even when the affects the Covid pandemic are taken into account, show that progress has stalled.

Failing to learn

It’s now more than 8 years since the Morecambe Bay Investigation report was published, and since then two further major investigations reports into maternity services have been produced looking at maternity care at Shrewsbury and Telford and East Kent – these reports span different timescales and services, but the fundamental issues identified are no different. There is now another major inquiry into maternity care at Nottingham, which is now also the subject of a formal police investigation. Bereaved parents are calling for a new inquiry into maternity services at Leicester too.

Inequalities

As of 2023, the disparity in outcomes within our maternity services is stark. Statistical data reveals that the likelihood of adverse outcomes is significantly influenced by skin colour.

Black infants face over twice the risk of stillbirth compared to their white counterparts, while babies born to Asian mothers carry a risk 1.5 times higher. These disparities become even more stark when examining maternal mortality, with Black mothers being four times more likely die than their white counterparts, and Asian mothers experiencing twice the risk.

The cost of harm

The latest figures from NHS Resolution show that in 2022/23, the total projected ‘cost of harm’ for maternity incidents (the present value of the estimated costs of claims expected to be received) was £4.2 billion. That’s £133 a second. The human cost in lives forever changed cannot be measured.

Whilst new investment announced to help improve maternity safety is welcome, there surely needs to be stronger link between the cost of harm and the investment in safety improvement and prevention.

Not a week goes by without a tragic story being reported in the news – each time with the same promise that ‘lessons will be learned’, yet the stories I hear from so many families today often have similar features as our experience in losing Joshua 15 years ago.

It is important to acknowledge the positive progress that has been made in recent years. In the work I do, I’m only too aware of how hard many people, including midwives, doctors and other front line professionals, are working to deliver the very best care they can. But a clear consensus of opinion is emerging that more needs to be done to support them.

We now have a good understanding of what safe maternity care looks like, yet the same problems continue to emerge – with issues around culture, interprofessional tribalism, leadership, inequality, service structures, education and training, accountability, and governance seen time and time again.

Good people have been working hard to push for change, but it would be naïve to sit back and assume that the latest set of recommendations from the last inquiry (however well thought-out and implemented) will be sufficient. It’s time we recognised that a different approach is needed.

The first step must be acceptance that the problems we are seeing are not limited to isolated ‘unit level’ issues but rather reflect systemic problems that exist across the maternity system as a whole. Once we accept this as a starting point, it’s clear that future inquiries at an individual service level will only ever get us so far – no matter how many we have.

For these reasons, next week I’ll be adding my voice to those of other families affected by failures in maternity care, to call for a national inquiry into maternity safety.

Such a process could look beyond individual services and look holistically at the whole system, it could examine the impact of previous inquiry recommendations (those that have resulted in positive change and those that have been less successful), it could look at international examples of safer maternity systems and what we could learn from them, and it could help identity and better understand the barriers to progress and how they might be overcome.

The urgency of this cannot be overstated – it calls for a collective effort involving women, families, maternity professionals, academics, policymakers, and politicians to collaborate in understanding the barriers that have held us back and the necessary changes required to set us on a better path.

We all want the same thing; maternity professionals able to deliver safe, compassionate and personal care in a system that supports them to do so and fewer shattered lives, broken dreams and imaginary futures.

Baby Joshua – 27th October – 5th November 2008 ‘Always loved – never forgotten’

Trust after harm

In October 2008, our world was different. Our daughter Emily was just three and a half years old and at the time I was working as project manager at a large nuclear site in Cumbria. At 7.38am on 27th October 2008, our second child Joshua was born at Furness General Hospital (FGH), part of the Morecambe Bay NHS Trust. I remember staring at him in his cot, thinking how perfect he was and how lucky I was – how lucky we all were. But just 24 hours later – that world ended.

An early morning phone call broke the news. I remember the words as if it was yesterday…

“Joshua is having problems breathing and your wife is very upset – can you come to the hospital”

I remember phoning my mum and hearing her voice break (mums have an instinct), getting to the hospital and seeing Joshua in the Special Care Baby Unit – initially breathing by himself but quickly put on a ventilator as I’m ushered out the room. Confusion, uncertainly, desperation, fear, hope and despair followed. 

Joshua was transferred by ambulance to a specialist unit in Manchester and my wife and I followed him by car. At this point we were uncertain as to what was wrong. We were told there might be a problem with his heart or his oesophagus, but even then, these explanations did not seem to fit. 

My wife had been feeling unwell in the days before Joshua was born and shortly after his birth, she collapsed with a high temperature and was given intravenous fluids and antibiotics. She recovered quickly, but we both raised concerns with staff about Joshua – if my wife needed antibiotics, wasn’t Joshua also at risk of infection? Despite raising these concerns with staff, we were repeatedly reassured that ‘Joshua was fine’.

Surely his collapse 24 hours later could not be due to infection? Not after we had specifically raised concerns with staff about this and been reassured repeatedly that Joshua was ok.

The following day the team in Manchester confirmed our fears; Joshua had collapsed due to an overwhelming pneumococcal infection – the same strain that had now been identified as having caused my wife to collapse shortly after the birth. Questions about how this could have happened raced around my mind. Could I have done more to raise concerns and insist Joshua was seen by a paediatrician sooner? These feelings of regret and guilt have never left me. 

But these questions had to be put on hold for now. Joshua was still fighting for his life and all that mattered was getting him the right care and treatment so we could bring him home. 

At Manchester we were told that Joshua’s best option was to be flown to a specialist unit in Newcastle to be put on a heart and lung machine for babies. The treatment had risks but the unanimous view of his clinical team and our family, was that this treatment would give Joshua the best chance of recovery. 

Joshua was flown by helicopter to Newcastle and for a final time, my wife and I followed him by car. When we arrived in Newcastle, Joshua had already been hooked up to the medical machinery that we hoped would save his life. We were greeted by a kind consultant who told us that Joshua’s prognosis was good and showed us a wall of cards, letters and photos from the families of other children who had been cared for of the unit and had  recovered and were now doing well at home with their families.

We had 7 hopeful days in Newcastle, Joshua sedated but able to open his eyes and squeeze a finger.

We hoped that we would get to take our baby boy home too, but that was not to be.  Those hopes were dashed when he died at just 9 days old as a consequence of internal bleeding caused by the damage the pneumococcal infection did to his lungs. 

Although over a decade has passed since these moments, I remember them as vividly as if they had happened just yesterday. Seeing Joshua for the first time after his death with all the tubes and medical equipment removed – he looked like a perfect baby boy. How could he have died for want of a simple dose of antibiotics at the right time?

The loss of any child in whatever circumstances is a life changing tragedy – but coming to terms with Joshua’s death was made incalculably worse by the way the trust and healthcare system responded. 

Crucial medical records of Joshua’s observations went ‘missing’, staff accounts of what happened at Furness GeneralHospital conflicted with the events as my wife and I remembered. The initial report from the hospital concluded that Joshua’s observations in the 24 hours after his birth before he collapsed were all within ‘normal’ limits and that therefore no one was to blame for what happened.

As Joshua’s father, I could not accept these false narratives. I had failed to keep Joshua safe during his short life, but I wasn’t prepared to allow the truth about his death to be swept under the carpet.  I soon discovered that the healthcare system, it seems at almost every level, was not open to looking for, let alone acknowledging the truth about what happened to Joshua and why. 

The journey since has been long, hard and at times lonely, but eventually we did establish a truthful account of what happened to Joshua and in doing so uncovered a far wider scandal at the maternity unit where he was born. After meeting other families who had experience of tragic outcomes following poor care at same unit, I started a campaign group and worked to try and secure a national inquiry into the safety of the unit. The campaign was successful and the Morecambe Bay Investigation report, chaired by Dr Bill Kirkup was published in March 2015. 

The report concluded that between 2004 and 2012, a ‘…lethal mix of failures’ had led to the avoidable death of 11 babies and 1 mother at Furness General Hospital – Joshua was just one of many preventable deaths.  It described the maternity unit where Joshua was born as characterised by ‘…denial and cover up…’.   The report made 26 recommendations for national change and triggered a programme of work in England with the aim of halving avoidable harm in maternity units across the country by 2025. 

The maternity unit  where Joshua was born no longer exists. It has been replaced by a brand-new facility, the South Lakes Birthing Centre which opened in 2017 – a state of the art unit designed with input from mums and families in the local area.  Outside the new unit now stands a beautiful memorial to the 11 babies and 1 mother who Dr Kirkup found had died following serious failures in care. As well as remembering lost loved ones, the memorial is also a symbol of learning, forgiveness, and hope.

Amongst the national changes that have happened since the Morecambe Bay Investigation report was published, England now has a new Healthcare Safety Investigations Branch (HSIB). This new organisation has a remit to undertake national investigations into patient safety issues in the NHS, using a methodology that focuses on learning and not individual liability or blame. As well as this national work, HSIB now also undertakes independent investigations into the most serious cases of unexpected poor outcomes in maternity.

If what happened to Joshua happened today, an independent investigation focused solely on learning would take place without delay. It is hard to overstate the difference I believe this would have made – not just to our family, but to other mothers and babies as well as healthcare professionals at the trust. 

One of the saddest revelations of the Morecambe Bay Investigation was that after Joshua’s death, 6 other babies died at the same unit due to a similar pattern of systemic problems in the way care was being delivered. As human beings, even when the consequences are life changing, I believe that most of us have the capacity to seek to understand and forgive individual, unintentional mistakes. But when faced with denial, cover-up and a failure to learn, forgiveness and resolution become almost impossible. 

I no longer work in the nuclear industry and instead now spend my time working and campaigning for safer healthcare. Along this journey I have had the privilege to meet many other people who are working to improve patient safety, including other bereaved families who have trod a similar path. I now understand that our experience after Joshua’s death was not unique – the response we experienced and the battle we had to endure to establish what really happened and why – is sadly all too common,  not just in our healthcare system, but in other healthcare systems around the world. 

Although there has been some crucial progress in the years since the Morecambe Bay report was published, the NHS has still not succeeded in changing many of the key systemic issues that contributed to what happened at Furness General Hospital.  In March 2020, the UK regulator of NHS hospitals, the Care Quality Commission (CQC) published a report which concluded that the issues identified in the Morecambe Bay Investigation ‘…staff not having the right skills or knowledge; poor working relationships between obstetricians, midwives and neonatologists; poor risk assessments; and failures to ensure that there is an investigation and learning from when things go wrong’, were ‘….still affecting the safety of maternity care today’.

Change can feel painfully slow, but I haven’t lost hope that we will one day reach a much better place in healthcare and be able to look back on stories like Joshua’s with a sense of incredulity that things could ever have been that way.  But I do not believe that we will get there without a fundamental shift in the way healthcare systems manage patient safety risks and respond to harm.

What still needs to change?

In the aftermath of Joshua’s death, as well as struggling to deal with trauma and grief, I was also consumed with a burning sense of injustice and anger. The more I learned about the culture of the unit where Joshua was born, the more I realised that Joshua’s death was far more than an unavoidable accident. The Kirkup report concluded that the first opportunity that the trust had to identify serious systemic issues was following the avoidable death of another baby in 2004 – more than 4 years before Joshua died. But the investigation that was carried out by the trust was superficial, ‘…protective of the staff involved’ and failed to result in any meaningful action to learn from what happened and make the service safer for others.  

We live in a world where human beings are prone to error and mistakes – but where that normal variation in human performance can lead to serious or catastrophic outcomes, for example the nuclear industry or in aviation, considerable effort is usually placed on designing and building systems and processes to prevent those mistakes leading to harm.  

Joshua was born in a maternity unit characterised by dysfunction – staff lacked basic competencies and skills, processes and guidelines were out of date, midwifes and doctors perceived themselves to have different objectives and there was distrust and blame in place of teamwork and shared goals. 

Overriding all of this was a leadership culture that was toxic to transparency, learning and improvement. The trust at the time was preoccupied with achieving ‘Foundation’ status, which would have given them greater control and financial freedom – but crucially this involved persuading various regulators that they met the appropriate standards of governance and quality. A seriously dysfunctional maternity unit with a history of avoidable harm was a problem that the senior leadership team sought to manage – they focused on doing everything possible to reassure the local community and regulatory system that their services were safe. 

Unpicking all these behaviours is complex – the healthcare system at the time seemed to be influenced by perverse incentives – pursuing strategic objectives and meeting performance targets, seemly put above the safety of mothers and babies. But who was ultimately responsible for this culture and why was so little done to challenge it at the time?

In terms of the healthcare professionals who were looking after Joshua that fateful day, to what extent should they be blamed for what happened? Who was ultimately accountable for the system that allowed such a preventable death to happen? What processes should have been followed to respond to what happened? What duty of care was owed to Joshua’s family and the staff involved and what responsibility did the trust have to ensure every possible lesson from what happened was taken? 

Over the years I’ve learned a great deal about how our healthcare system works. The simple truth is that existing systems, processes and regulatory incentives and levers often make it hard for healthcare professionals do the right thing. In the aftermath of harm, the relationship between the patient or bereaved family can almost instantly become adversarial. In Joshua’s case there was initially no inquest – we were told to raise our concerns about Joshua’s care via a formal complaint.

Rather than our family and the trust working together via a process to understand and learn, immediately the process became one of ‘allegations’ for the trust to respond to. This  happened with oversight of the trust legal team whose remit is to carefully ensure that the responses that are provided protect the organisation from any admission of civil liability. 

For individual healthcare professionals, the vast majority of tragic outcomes like Joshua’s death occur without any deliberate intent, but rather as a consequence of normal human performance/error and a combination of unsafe systems and processes. However, healthcare staff often have little faith that trust investigation processes will be candid about systemic problems and instead fear being singled out for blame or referral to a professional regulatory body.  

Whilst none of these factors can justify acts of dishonestly or covering up, countering this  fear is crucial if we want to create the kind of learning culture that has played such a decisive role in making other high risk sectors safer. Furthermore, the focus on inappropriate blame detracts from where clear and meaningful accountability should lie.

Although it took nearly 10 years, eventually I did manage to reach a point of reconciliation, healing, and some extent – forgiveness following what happened to Joshua. 

After the Morecambe Bay Investigation report published, the trust agreed to carry out some further work around Joshua’s death. Although 8 years had passed, they carried out the kind of comprehensive investigation that should have happened if current best practice guidance was followed. The investigation highlighted serious failures that other external processes had already found but also issues with Joshua’s care and treatment that we were not previously aware of. But the crucial difference with this investigation was that the trust themselves had carried it out – for the first time since Joshua’s death, I felt confident that the trust themselves owned and understood Joshua’s story and therefore could be trusted to take it’s learning forward.

The final aspect of the work the trust carried out was by far the most difficult but also the most healing. A midwife who had a direct role in failures relating to Joshua’s care had been heavily criticised by the Nursing and Midwifery Council. The resulting hearing concluded that her role relating to Joshua’s death was serious enough to warrant a suspension from the professional register for 9 months.   The hearing gave the trust a dilemma; should they continue to employ a member of staff who was unable to practice clinically and had been subject to heavy criticism relating to the preventable death of a baby, or should they dismiss her? Instead of rushing to make a decision that on face value, might have seemed like the right and ‘just’ thing to do, the trust asked if I might be willing to meeting the midwife to talk through what had happened and what had been learned.  I agreed to do so.

In all the years that had passed  since Joshua’s death, the only time I had been in the same room as any of the staff involved in his care was at Joshua’s Inquest (which occurred nearly 3 years later) and whilst giving evidence in formal Fitness to Practice processes. These were bureaucratic processes, determined by legal advice – cold, compassionless, and inhumane.  

In preparation for the meeting I thought long and hard about what I wanted to say. I wanted to tell the midwife concerned that I didn’t blame her for the mistakes made in Joshua care and that I knew she didn’t intend for the outcome for Joshua to be what it was – but I also wanted to tell her how the lack of honestly afterwards had impacted on my life and of my  anger that Joshua’s life seemed to matter so little. 

When I walked into the room, after a few words of introduction by the facilitator – I was given the opportunity to talk directly to someone I thought of as  caring very little about what happened to Joshua and the consequences on our family. 

I only got through half of what I wanted to say… that I didn’t blame her for the mistakes that led to Joshua’s death…. but I could not get any further. The midwife broke down in tears and told me that every day since Joshua died, she had blamed herself for what happened – that she wished she had done things differently and that she would carry that for the rest of her life. It was not fake or rehearsed emotion and at that moment, the image I had in my mind of an uncaring and callous person disappeared. In an instant my anger lifted. We cried together and had a hug.

I left that meeting with a sense of healing but also profound sadness. Sadness that we weren’t able to meet much earlier and sadness that on the long journey since Joshua died – somehow humanity and compassion were sucked out of the process – at the very time when kindness was needed the most. 

A recent and welcome movement in healthcare is the focus on ‘just culture’. If we genuinely want to make stories like Joshua’s a thing of the past, we must fundamentally change the way our healthcare system responds to error and harm.

If we get this right, the aftermath of patient harm will cease to be characterised by adversarial processes, denial and cover up that are so toxic to learning and improvement. Instead we can focus on the people who have been hurt and what they need to rebuild trust, to forgive and remember.  

We will see a shift away from the hunt for individual blame allowing a much greater focus on the most important accountability of all – that which is owed to future patients to ensure they don’t come to harm through the same mistakes happening again.

James Titcombe – 17th September 2020

Making safe birth the new ‘normal’ – The urgent need to build consensus around the ‘normal birth’ debate

Introduction

In March 2015, the Morecambe Bay Investigation, chaired by Dr Bill Kirkup was published. The report concluded that a ‘lethal mix of failures’ contributed to the avoidable death of mothers and babies at Furness General Hospital (FGH) between 2004 and 2012. A major theme identified was that maternity care became “..strongly influenced by a small number of dominant individuals whose over-zealous pursuit of the natural childbirth approach led at times to inappropriate and unsafe care”. The report quotes one midwife who said during her evidence ‘..there were a group of midwives who thought that normal childbirth was the… be all and end all… at any cost…’.

Concerns relating to the influence this approach had on the safety of maternity care at FGH had been raised by parents long before the Kirkup report was commissioned, but the report’s publication resulted in a renewed focus on the issue and in particularly, on the Royal College of Midwives (RCM’s) ‘Campaign for Normal Birth’.

In 2017 the Times newspaper reported that the RCM would be formally ending their decade long campaign, a move that was widely welcomed,  by families and charities but which also prompted a backlash from some elements of the midwifery community. Indeed, some claimed that the news reports suggesting that an ‘ideology of normal birth’ was impacting on safe maternity care were ‘…fear-mongering untruths, aimed at damaging a profession, and limiting women’s autonomy and choice’ and on occasion, bereaved parents speaking out about the issues were vilified as being  ‘…on a mission to demonise all midwives…’.

The furore that followed prompted Dr Bill Kirkup to write in the Health Service Journal calling for unity, balance and clearer messages around the debate.

A focus on safer maternity care

In the years since there has been a considerable national policy focus on improving maternity safety with clear evidence emerging that in some key areas, for example stillbirths, that outcomes are improving.

However, despite some positive progress, the Care Quality Commission warned last year that maternity services stood out as:

‘…one of the core services we inspect that is not making improvements in safety fast enough’ stating that ‘…issues identified in the 2015 Kirkup report – staff not having the right skills or knowledge; poor working relationships between obstetricians, midwives and neonatologists; poor risk assessments; and failures to ensure that there is an investigation and learning from when things go wrong – are still affecting the safety of maternity care today.’

In addition, new major independent investigations into the safety of specific maternity services have since been established.

Common themes

In December last year, Donna Ockenden published an initial report into the first 250 clinical cases (from a total of 1,862)  relating to poor maternity care at the Shrewsbury and Telford NHS Trust.

Giving evidence to the Health and Social Care Committee in December,  Donna Ockenden stated:

“We have spoken to hundreds of women who said to us that they felt pressured to have a normal birth. My clinical team said they have seen examples, even in situations where a normal birth in their own hospital would be contraindicated, of women being pressured to have normal births… It is important to say that at that trust there was a multi-professional…focus on normal birth at pretty much any cost.”

These comments are virtually identical to those of Dr Kirkup 5 years earlier. But could it be the case that Morecambe Bay and Shrewsbury and Telford were ‘one offs’?

In September last year, Prof Ted Baker, CQC Chief Inspector of Hospitals in England was asked during a Health and Social Care Committee hearing whether campaigning around ‘normal birth’ had had consequence for maternity safety more widely:

“It has in some cases. Dr Kirkup identified it at Morecambe Bay as a big issue, and we have seen it in other maternity services. There is sometimes tension between those who are proponents of what they call normal birth and those who are proponents of a more interventionist approach…When it becomes a tension between different members of staff—someone who wants to promote a normal delivery and someone who wants to be more interventionist—it becomes a cultural issue within the team, rather than people working together to do the right thing for the woman and her baby.”

Safe maternity care – a growing consensus

The high profile of maternity safety in recent years has resulted in a welcome focus on increasing evidence and understanding of the factors that impact maternity safety and the potential solutions by the academic and research community. Themes identified include ‘…a bias against complexity…’ and a …professional bias towards the normalisation of pregnancy—with potentially catastrophic consequences.’

In September last year, the THIS Institute published a new framework outlining seven features of safe maternity care, based on a large multi-site ethnographic study and stakeholder consultation. The framework provides an important opportunity to build a consensus across the wider maternity system, including ongoing national policy work and regulatory focus. 

Promoting teamwork and close multi-professional working

The 2008 Kings Fund report ‘Safe Births – Everybody’s business’, explored the issues around safety culture in the labour ward:

 ‘One consultant obstetrician with a specific interest in safety told us that the strong emphasis on normality in maternity services and the relative rarity of adverse events made it difficult to promote a culture of safety awareness on the labour ward without being perceived as alarmist and over-medicalising.

We were told that the polarised views of some sections of the midwifery and obstetric professions, and their differing emphases on promoting normality or intervention, may have exaggerated the differences between the professions. We also heard that the majority of professionals working in maternity services hold more balanced views, but that these views can be drowned out by the more vociferous minority.’

’Crucially, we were told that this debate may be distracting professionals and others from the central issue of building effective teams that can ensure safety for mothers and babies.

Events at both Morecambe Bay and Shrewsbury and Telford demonstrate the grave consequences of promoting ‘normal birth’ to the detriment of safe care and the importance of promoting a culture that supports close multi-professional teamwork.

To their credit, the Royal College of Midwives (RCM) and the  Royal College of Obstetricians and Gynaecologists (RCOG) have now committed to speak with one voice on maternity safety, affirming a joint goal that ‘…every woman should have a good birth, with the best possible experience and outcomes for mother and her baby.’

Oral evidence provided to the Health and Social Care Select Committee’s ongoing inquiry into maternity safety in England confirmed that national organisations including the DoHSC, NHS England and the Nursing and Midwifery Council no longer use the term ‘normal birth’. Sarah-Jane Marsh, chair of the National Maternity Transformation programme described the phrase as  ‘..incredibly unhelpful’, a view which it seems is shared by many women and families as well as healthcare professionals.

Ongoing contention

Despite some efforts and messaging from national organisations, wider messages that emerge from influential voices from within the maternity community in England often feel contentious and divisive.

The UK based midwifery organisation ‘All4Maternity’, have published a commentary arguing that ‘… risk-averse healthcare, and contention over the use of terms like ‘normal birth’, have contributed to a rapid reduction in the opportunities for women and childbearing people to experience normal physiological birth.’

In relation to Morecambe Bay, the article argues that…

‘…despite more than 40 recommendations that emerged from systemic failings, across all disciplines… the media chose to focus on one statement: a drive from midwives of ‘normal birth at any cost’ which led to ‘demonising the promotion of normality’.

The piece argues that

‘…public perception of … the role midwives play has been eroded consistently in the media since the Morecambe Bay report…’ and finishes with a call for midwives to ‘..step up to the challenge to be changemakers as the guardians of normal birth.’

Such messages are not only deeply hurtful to the families of mothers and babies who died in part as a consequence of the approach to normal birth identified at Morecambe Bay and elsewhere, they also promote the divisive notion that ‘normal birth’ is something that needs to be actively guarded by midwives – when the focus surely ought to be on the multi-professional team providing safe and personal care – working together in the interest of all women and babies.

Conclusions

There have now been two major maternity investigation reports in England where an inappropriate focus on promoting ‘normal birth’ has been identified clearly and unequivocally as a major factor in what happened. Separately, the language of ‘normal birth’ is now recognised as being divisive and unhelpful. Given this, there seems to be an urgent need for a clear consensus position to be agreed and published so that messages moving forward are unambiguous and clear. This must also be reinforced through obstetric and midwifery education and ongoing professional training and development.

Unless this happens, mixed messages will prevail, continuing to cause hurt to bereaved families caught up in the crossfire and more importantly, filtering through to front line maternity services and contributing to inter-disciplinary tension and poor team working. If left unchallenged, sooner or later the inevitable consequence will be yet another major catastrophe.

James Titcombe – Feb 2021


Remembering Joshua

In a different world, today, Saturday 27th October 2018 is a happy day. It starts with an excited 10-year-old boy waking up early and opening his presents with his family. A new book from his favourite author? Maybe a football shirt? (I suspect his team would have been Aston Villa like his Granddad). No doubt we would have planned some sort of party – maybe a day trip somewhere exciting. 

When you’ve lost a child, thoughts of what might have been can pop up anytime, but important anniversaries or significant dates can make these thoughts particularly vivid and painful. Today Joshua should be celebrating his 10th Birthday. 

On 27th October 2008, our world was different. Our daughter Emily was just 3½ years old. At exactly 7.38 am, Joshua was born at Furness General Hospital. I remember staring at him in his cot, thinking how perfect he was and how lucky I was – how lucky we all were. But just 24 hours later – that world ended.

An early morning phone call broke the news. I remember the words like they were yesterday…

Joshua is having problems breathing and your wife is very upset – can you come to the hospital

Phoning my mum and hearing her voice break (mums have an instinct), getting to the hospital and seeing Joshua in the Special Care Baby Unit – initially breathing by himself but quickly put on a ventilator as I’m ushered out the room. Confusion, uncertainly, desperation, fear, hope and despair followed. 

A transfer to Manchester and a car journey from hell to follow him there. Then 7 days by his side at a specialist centre in Newcastle. 7 hopeful days; Joshua sedated but able to open his eyes and squeeze a finger. 

Joshua on ECMO in Newcastle

We thought we would get to take him home but that wasn’t to be.  Those hopes were dashed when he died at just 9 days old, in circumstances that are too awful to go over again. 

The loss of any child, in whatever circumstances is a life changing tragedy for everyone involved. Joshua’s death (and I know we are far from alone) was made incalculably worse by the cover up and denial that followed. 

Reflecting on the last 10 years could easily become a justifiably angry essay, recounting the multiple layers of defensiveness and denial we have encountered and the very mixed picture of accountability and justice that’s been achieved. But that’s not what I want to focus on today, instead I want to talk briefly about the positive impact Joshua’s life has on us and the changes I know his short life has helped to influence. 

How Joshua has changed things 

Of course, Joshua’s death has had a profound impact on every aspect of not just our lives, but of the lives of our friends and our extended family – here and around the world. We won’t ever forget him and we will always feel sadness, grief and pain that we weren’t able to keep him here – with his sisters and his family. But Joshua has also given us strength and a perspective on life that we wouldn’t otherwise have. 

His short life has influenced a huge amount of change.  The maternity unit where he was born has been transformed. The system of midwifery supervision in place at the time has been replaced. Whilst efforts were made to cover up what happened, they categorically failed. All the organisations that should and could have acted differently have now changed, in many cases following major inquires that only exposed serious problems as a direct consequence of his case.  There’s now an unprecedented focus of improving safety in maternity services and Joshua has played a part in influencing it. We now have a major national programme of investigating baby deaths likes Joshua’s, led by the world’s first independent investigations body for healthcare (HSIB). Joshua’s Story is shared as part of the training for the investigation teams. 

As well as encountering behaviours from some people that have hurt beyond measure, Joshua has also led to us meeting many truly amazing and inspiring people. These include colleagues I’m lucky to now work alongside, high profile politicians who offered friendship and unstinting support, patient safety experts from around the world and other families who have faced similar battles yet still have the capacity for kindness and compassion. 

Sometimes entirely random acts of kindness from complete strangers have meant so much – a private twitter message from someone that has read about Joshua – that’s landed at a moment when being reminded that people care has made all the difference in the world. 

Today is Saturday 27 October 2018 and nothing we can ever do can change the fact that the world we live in isn’t the one where a happy 10-year-old boy woke us up this morning excited about the day ahead. But if Joshua could somehow speak to us now, I’m sure he’d be telling us not to be sad and that instead he’d be proud about what’s been achieved in his name.

For a little boy who never got to say his first word, Joshua has had a pretty loud voice. 

We love you very much Joshua. We will never forget you xxx 

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One year later: Where has my trust gone and when is it coming back? – My reflections on the impact of being a witness in a Fitness to Practise (FtP) hearing:

By Sarah Seddon

What do I feel when I think back to this time last year? Ingrained on my mind, it was the first day of the FtP hearing of my healthcare professional where I was cross examined on the death of my baby.  A year has now gone by: the caution order has expired, the phantom kicks have stopped, the dust has settled and I’m back at work.  The girls have nearly completed another year at school, but there are still people missing.  My memories of Thomas have been tarnished by the actions of my healthcare professional after his death, by the way that his death was investigated and by the way that the FtP hearing was conducted. 

Looking back, it feels like such a blur and an enormous explosion of emotions: terror, panic, sorrow, anger, pain, exhaustion, depersonalisation, loneliness and mistrust… but on the edge of this huge dark cloud was a little shining star of love, support and hope. This was in the form of my husband who was always there (even when he wasn’t physically allowed in the room), family and friends at home (keeping a close eye on our girls) and the Public Support Service who kept me breathing and stopped me shaking.

Some of the long days have now rolled into one in my memory.  But I can still remember every second of some of the hours so clearly: the words that the barrister said to me, the blame, the contempt and the patronising, inaccurate descriptions of what had happened to my baby which I was not permitted to correct.  There are many things that I want to remember. And many things that I can’t forget.  And still so many things that I want to say to the people who were part of my FtP journey:

Dear Regulator CEO,

Thank you for prioritising person-centred regulation over the past year, but there is still so much to be done to ensure that these efforts are not tokenistic and that the people are at the centre of your processes.  Every member of your staff needs to undergo safeguarding training and to appreciate that they are dealing with real people and their lives on a daily basis.  You are still asking too much of your witnesses – asking us to put our lives on hold, re-live our most traumatic moments, step into a brutal, aggressive, cross examination in a public room with no real representation; is this fair and necessary to achieve the right outcome? You still do not formally value the patient story or impact statement and do not encourage mediation.  Yet any professional who provides care should (in my opinion) seek to understand how their actions impact on their patients’ lives and demonstrate reflection on this.  It’s been a year since your organisation ‘disposed of the case’ and effectively disposed of me.  But I want to continue to stand up for the people who don’t have a voice – to remind you that the repercussions of being a witness are still affecting my life now and will be for a long time.  How can I gain trust in regulation again?

Dear Hospital,

Thank you for acknowledging and trying to rectify the things that went wrong in my care and subsequent investigations.  I’m still however left constantly wondering how events may have unfolded if you had allowed me to sit down and talk to my healthcare professional as I requested so many times.  I still believe that mediation could have led to a different (better) resolution for both of us instead of the horrific FtP process which took over 2 years to conclude (and is still very much ‘in-process’ in my head).  I’m still angry that your procedures and systems weren’t robust enough, which had a huge impact on the outcome of the hearing.  It’s now over 3 years since Thomas died and I am still terrified of ever needing to receive treatment from you in future.   I’ve lost that trust.

Dear Healthcare professional,

Everyone is human and makes mistakes, but professionals do not try to cover them up.  I am angry that you allowed your barrister to try to blame me for what happened and to be so vicious in the cross examination.  I’m angry that you brought up personal details about the aftermath of Thomas’ death in a public forum when they bore no relevance to the issues being examined.  You let me down when I was at my most vulnerable and I now find it so difficult to trust people.  Will this trust ever come back?

Dear Defence Barrister,

I can’t find the words to explain how your cross examination affected me and I struggle to understand how anyone could do this for a living.  I’ve stopped having nightmares about you now.  I have learnt that telling the truth is not always enough.

Dear Case Investigators,

I still think about all the times you fobbed me off during the years of investigations and refused to take the time to give me explanations or amend processes to reduce my distress.  The times when you gave me incorrect information or didn’t bother to get back to me as promised, yet didn’t see a need to apologise.  I know that to you I was just a piece of evidence – but I’m actually a person and my child’s death has had a significant impact on my life.  I’m sure you don’t think about my case at all now, but I often think about the way you ‘dealt’ with me.  And I make sure that I don’t ‘deal’ with people in that way.  To gain trust, you need to be compassionate and to treat people with respect.

Dear Panel Members,

Why didn’t you step in and intervene during the cross examination?  Would you allow your loved ones to be treated in this way without speaking up?  And why did you ignore the additional information which came to light and subsequently led to a preventable second investigation? Surely your role is to look at the wider picture?  Why didn’t you apologise when you spelt my son’s name incorrectly? That would have just been the human thing to do.  The decision of FtP panels must stand up to public scrutiny and there should be a clear explanation of how you reviewed the evidence and reached your decision.  But your decision was contradictory – it still does not make sense to me now and no one within the organisation has been able to explain it to me.  So how do I trust that you reached the right decision?

Dear Public Support Service, Friends & Family,

I have nothing to say except “thank you”.  You are all amazing and have brought a little bit of faith, trust and hope back into my life. 

Dear Thomas,

I miss you every day.  But you have taught me so much and I see you in your sisters.  Your life was so short and precious and I hated seeing you reduced to the title of ‘Baby A’, removed from me and discussed as simply a piece of evidence.  My “new year” always starts around now – another year without my baby and I wonder where I will be this time next year.  I want to enjoy every minute with my beautiful family and I want to try to remember you as the little person that you were, with all the things that made you unique.  I want to remember you with love and not with all the fear, distress and broken trust of the FtP proceedings.

If you work in FtP at any point of the process – please, please remember that every action you take or don’t take can have lasting implications for many years following what you may view as the ‘conclusion’ of the case. The sole purpose of FtP is to establish trust. Your role is to ensure that the public can trust the systems in place to make sure their healthcare professional is fit and able to do their job safely and effectively. The trust that we have to invest into the healthcare system is immense as we are all at our most vulnerable when we receive care. Our health goes right to the core of who we are as people and if our health is broken or our trust in healthcare (or its regulators) is broken then the consequences are all-consuming. And I am still unsure whether it is possible to regain that trust. Whoever you are, please prioritise trust and compassion.

About the author

Sarah Seddon is a mum of five children: 3 fabulous girls and two much-missed boys. Her second son (Thomas) was stillborn in May 2017. The lack of candour following Thomas’ death and the conduct of the serious incident investigation impacted significantly on Sarah and her family. The local investigation was followed by a Fitness to Practise (FtP) investigation where Sarah experienced how damaging, dehumanising and traumatic FtP processes can be for patients who are required to be witnesses. Sarah currently works as a clinical pharmacist and has been working with several healthcare regulators over the past few years to promote the importance of compassionate, person-centred regulation.

The Kirkup Report 5 years on…

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This week marks the fifth anniversary of the publication of the Morecambe Bay Investigation, chaired by Dr Bill Kirkup. The report exposed a “lethal mix of failures” in the care of mothers and babies at Furness General Hospital between 2004 and 2012. My son Joshua was one of 11 babies whose deaths Dr Kirkup found to have been avoidable.
The report made 26 national recommendations, and triggered a major review of maternity services across England. The government subsequently announced an ambition to reduce avoidable harm in maternity services by 50% by 2025. Today, over 20 national initiatives are underway, including the independent investigation of many of the most serious events by a new body, the Healthcare Safety Investigations Branch.

Despite this progress, the vast majority of Kirkup’s national recommendations have still not been implemented half a decade later and clear evidence is emerging of  serious safety problems in other maternity services.

In November, an interim report was leaked revealing problems with maternity safety at Shrewsbury and Telford Trust; the report highlighted several themes identical to those at Furness. Then last month, NHS England announced an inquiry into the care of mothers and babies at East Kent, after a coroner ruled the 2017 death of baby Harry Richford at a Margate hospital “wholly avoidable”. Dr Kirkup’s appointment as chair of this new inquiry signifies how seriously the situation is being taken but also adds to a weary sense that history is repeating itself.

Infuriatingly, many of these problems could have been avoided. In early 2016, the Royal College of Obstetricians and Gynaecologists published a review of maternity services in East Kent Hospitals NHS Trust, highlighting several serious issues which, a year later, would be manifested in failures in Harry Richford’s care. It is deeply alarming that this report wasn’t shared with the Care Quality Commission (CQC) until 3 years after it was completed. The Morecambe Bay Investigation specifically recommended such reports be shared with CQC, who would then disseminate the learning to other NHS trusts – yet systems are still not in place to ensure this happens.

In the case of Harry Richford, the coroner was also critical of the trust for classifying baby Harry’s death as “expected”, and not notifying the coroner. The Morecambe Bay Investigation report recommended the development of a protocol setting out the duties of trusts and staff relating to inquests; specifically, to ensure trusts didn’t attempt to “fend off” inquests in the future – another recommendation that simply hasn’t happened.

Other  Kirkup recommendations where progress either hasn’t happened or remains limited include:

  • A review to look at the education and training opportunities afforded to smaller maternity units
  • The development of clear, mandatory standards for local investigations into maternity safety incidents
  • The development of national standards setting out the professional duties and expectations of clinical leads and other senior managers
  • A national review of the NHS complaints processes
  • Systematic recording of perinatal deaths at an individual unit level, taking into account transferred babies by place of birth
  • The extension of the duty to candour to mandate the involvement of patients and families in the investigation of serious incidents
  • Strengthening the national whistleblowing policy to protect the interests of whistleblowers and ensure ‘systematic and proportionate’ responses are made by trusts relating to concerns raised by staff

More concerning still, one of the most positive responses to the Morecambe Bay Investigation, the establishment of a £8.1m fund to support high-quality, multi-professional maternity safety training of 30,000 staff to date has been discontinued by the government.

The foreword of the Morecambe Bay Investigation report warns that unless the lessons from Morecambe Bay are learned, more scandals will emerge. Five years later, that warning seems increasingly accurate. The NHS has an unfortunate history of repeating its mistakes. The government needs to act now on maternity care to prevent that from happening.

When no one is looking…

On November 5th 2008, my family suffered a terrible tragedy when our new born baby son died in appalling circumstances following serious failures in his care at Furness General Hospital (FGH)

Whilst Joshua was still alive and fighting for his life at the Freeman Hospital in Newcastle, we recognised that something  had gone very wrong with his care and, prompted by my father’s advice, my wife and I made careful notes about all that we remembered had happened. After Joshua’s death, I typed up these notes and added a list of questions we wanted the trust to answer. In the week after Joshua’s death, my father and I handed this document to the Chief Executive’s office at the FGH (where it was stamped and dated as received).

The document is available here: Joshua Chronology. Please note that you may find this document upsetting – it contains a raw account of what happened to Joshua and photos of him before and after his death.

At this moment in my life, nothing could have prepared me for what was going to follow – the lengths that the trust would go to in order to cover up the truth about what happened and how other organisations that should have been there to step in to protect other mothers and babies were to fail.

The serious dysfunction that led to Joshua’s avoidable death continued at FGH for a number of years. The full scale of the problems at the unit were laid bare by the Kirkup report, published in March 2015. The report concluded that there had been a ‘lethal mix of failures’ at FGH that led to the avoidable death of 1 mother and 11 babies.

One of the organisations that catastrophically failed in its duty was the Nursing and Midwifery Council (NMC). In May 2018, the Professional Standards Agency (PSA) published a detailed review of how the NMC had handled the cases arising from the serious failures in care at FGH, including Joshua’s death. This report is available here. Unsurprisingly, the report led to some serious criticisms of the organisation, I wrote a commentary piece for the Guardian here.

Perhaps the most damning conclusion of the PSA report was paragraph 5.48:

“In our view, transparency involves being open about mistakes, demonstrating learning and can include providing information even where the organisation is not required to do so or where a more restrictive approach is permissible. The NMC’s registrants owe a duty of candour and the approach that the NMC took …. did not convince us that the NMC was applying that duty to itself.”

Today, the NMC have published a new report and statement that throws a little more light on why the PSA came to this conclusion.

A bit of background…

In March 2016, the NMC were finally planning to hold 2 hearings relating to the circumstances surrounding Joshua’s death. Given that this was over 7 years after the events themselves, the NMC had been justifiably criticised for taking so long to act.

These first hearings related to my wife’s care before Joshua was born. We had no strong views either way regarding the care at this point, but in the years since Joshua’s death we learned that the midwifes involved claimed that neither my wife nor myself had had any conversations with them  about feeling poorly in the week before Joshua’s birth. In fact we had discussed this in detail with the staff we spoke to during this time and we were simply reassured that the illness was ‘probably a virus’.  This was all clearly documented in our chronology document. We were deeply distressed that the staff involved were not being honest about this.

When the hearings themselves took place, my wife was asked to give evidence to the panel on 10th March 2016. During the hearing, a Barrister representing one of the midwives claimed that my wife and I were ‘unreliable’ witnesses, stating that that the first time we mentioned feeling poorly or unwell was at Joshua’s inquest hearing in 2011. The process of being cross examined felt like we were criminals on trial, rather than bereaved parents there to tell the truth about the death of our much loved child.

That evening, ITV news ran a story ‘Parents recollections branded ‘unreliable’ at midwives hearing’ and the following day the local paper ran a similar story in the headlines.

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We were devastated at these headlines and couldn’t understand why the NMC panel chair had not challenged the comments which clearly weren’t true. It just wasn’t true that the first time we had mentioned feeling poorly prior to Joshua’s birth was at the inquest, so why did the NMC panel not challenge this?

Subsequent to these events, the hearings ended with the NMC taking no action on the grounds that there was apparently no evidence to support the fact that my wife and I had told the midwives about feeling poorly. This felt like a gross injustice given we are both 100% sure such conversations happened (something the Coroner also fully accepted in his summing up of Joshua’s inquest in 2011).

Several phone calls and conversations with the NMC’s former CEO (Jackie Smith) later, and after I sent our chronology document via email to Jackie, it transpires that the NMC panel did not have the chronology document at all – it wasn’t included in the panel of papers given to them.

After the hearings had concluded, I wrote to the Professional Standards Authority (PSA) to express concerns about the way the hearings were handled by the NMC. Following a review, the PSA wrote to the NMC  upholding several issues raised and ruling that the NMC process during the hearings was ‘deficient’.

Bill Kirkup also commented on the situation:

My major concern is if the panel…didn’t have the relevant evidence in front of it then it’s difficult to know how it can come to a robust and defensible judgment.

This is all pretty grim stuff, it’s difficult to put into words what it’s like having to go to hearings where you have re-live the circumstances of how your baby son died, having to listen to people who you know are not telling the truth about what really happened, to see the person you love suffering as she has to relive the nightmare and then being  subjected to attempts to discredit your evidence and headlines attacking your credibility in the national media. I can honesty say that the process felt like the worst kind of mental torture imaginable.

But at least the PSA had set the record straight and the NMC would learn from what happened – right? Sadly not. What happened next is one of the most appalling episodes of cover up culture I’ve experienced in the aftermath of Joshua’s death (and there have been many).

To understand how the NMC subsequently behaved, it’s necessary to jump ahead somewhat to  the true reason as to why the chronology document referred to  wasn’t provided to the NMC panel. The truth (and we only know this because of today’s report) was that due to a series of cock-ups, the NMC’s solicitors (Capsticks) did not include the chronology document in the case files that were passed to the NMC. The NMC therefore did not have the chronology document in their possession (although they had been sent in separately on a number of other occasions). Knowing this truth, let’s consider how the NMC responded next.

The NMC’s response

 On 17th May 2016, the PSA wrote to the NMC setting out the concerns their review had found about the way the cases had been handled. These included the fact that our chronology document was not provided to the panel.

The NMC’s response to the PSA’s letter came on 20th May 2016. It can only be considered as hyper defensive. The letter stated:

…as you know, we do not accept there is a basis for your statement that our decisions were deficient and that we consider it is very misleading.

At the time, I was shocked at the attitude of the NMC in rejecting the PSA’s comments. The letter went on the give an account to the PSA as to why the chronology document wasn’t provided to the panel. The relevant extract from the letter is copied here.

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Not only had the NMC failed to be honest about the fact that the chronology document had been lost, they had now constructed a fabricated set of ‘reasons’ to give the false impression to the PSA  that the document had been considered before the hearing in order to maintain their position of ‘rejecting’ the PSA’s criticisms of their handling of these cases.

In a case where Joshua’s critical medical records had gone missing and there had been so much dishonesty and covering up, the NMC’s description of the contemporaneous  record of Joshua’s short life that my wife and I made at the time as ‘…of no positive evidential value’ was harrowing.

These explanations were repeated in letters to other people, including the Secretary of State for Health.

The Verita Report

The report published by the NMC today has been ongoing for well over year. There have been 4 iterations. The NMC have confirmed the total cost paid to Verita for this work was more than £151,000.  Whilst the report clearly identifies the reasons why the document was missing at the hearings, my strong opinion is that it fails to adequately explain the real reasons why untrue and misleading statements were given to so many people.

Furthermore, the latest version of the report has been significantly watered down to remove the most serious criticisms – comments where the Verita investigators make it clear that in their opinion, there was a likelihood that there had be an ‘…attempt to cover up.’

The NMC had already been publicly criticised for the way they handled the cases, to admit to the PSA that the reasons why an important piece of evidence wasn’t included at the hearings (which the NMC had taken 7 years to progress) was because the document had effectively been lost, would have been highly embarrassing. So rather than being open and honest about what happened, it seems clear to me that the NMC rejected the PSA’s criticism and instead created a false and fabricated account which justified why the document was not available to the panel.  I find the narrative that this happened due to ‘accidental factors’ highly implausible.

Furthermore, the only reason the truth has been established now is because of the  unusual scrutiny of the issue conducted by the PSA in 2018.

The culture at the NMC and its senior team at the time is evidenced by reading the full PSA report. This is an organisation that was willing to spend vast amounts of money redacting personal data requests, who it seems were willing to go to any length to defend themselves from valid criticism. This is behaviour that mirrors the very worst aspects of the cover-up culture that many families still experience from local healthcare organisations

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One definition of integrity is ‘doing the right thing, even when no one is watching’; regardless of your views on today’s report, it seems clear that few of the people involved in these events would pass such a test.

Looking forward, I do believe that the NMC now has someone with genuine integrity at the helm. The statement the NMC have published today makes it clear that the organisation is committed to learning from these events.

The NMC must now ensure that the Fitness to Practice process is kinder for both registrants and families that go through it and most importantly,  must role model the same culture, values and standards of behavior it promotes for the people it is responsible for regulating.

The former leadership of the NMC ought to hang their heads in shame that they failed so catastrophically to ensure this was the case.

Each baby counts 

Last month, the Royal College of Obstetricians and Gynaecologist (RCOG) published a summary report showing the findings of their each baby counts project.

The report found that in 2015, 1136 babies met the eligibility criteria (term babies who either died or suffered severe brain damage). The work did not involve new investigations into any of these tragic cases, but rather reviewed the local investigations that had already taken place.

One of the most unacceptable findings of the work was that in 25% of these cases, the investigation that had taken place was of such poor quality that it was not possible for the review team to fully establish what happened and whether the outcome might have been preventable.

Of the remaining 727 cases,  in 76% it was judged that the outcome could have been avoided with different care.

The work identified that in 2015, there were 282 babies that died and 854 babies that suffered severe brain damage. Taking the 76% figure and extrapolating suggests that around 215 babies died and around 650 babies suffered brain damage that could have been avoided.

The aspiration of the each baby counts project is that no term baby should suffer death or disability as a consequence of events in labour. In other words, to reduce these numbers to zero.

But how much investment should an ethical healthcare system devote to achieving this aim?

Before going further, it is important to say that the impact of each and every one of these cases is beyond any economic measure. For a family, it’s hard to imagine anything more devastating than the loss of, or serious harm to a child. The repercussions of these events are felt across whole communities. No one would dispute the importance of working to reduce the number of these events, but the question of how much effort and resources we should invest in doing so is less  clear.

Purely for illustration, I thought it was worth looking at how interventions in healthcare to save or enhance lives are usually economically evaluated.

Health economists have invented the concept of a quality-adjusted life-year (QALY). The concept is fairly simple. A scale of 0-1.0 is used, 1 representing perfect health and 0 representing death. Different values are used to represent degrees of morbidity in between. For example, if you have diabetes and a foot amputation due to diabetic complications, your quality of life might be assessed as being reduced by 35%. In other words, your quality-adjusted life-year (for each year you remained alive with this condition) would be only 0.65.

This concept is used by NICE to evaluate the cost effectiveness of new treatment options as a key aspect of their approval process. As a hypothetical example, a new drug to treat a specific type of cancer might be subject to a clinical trial and shown to add an average of 2 QALYs for each person treated. If the total treatment cost was £50,000, the cost effectiveness ratio of this treatment option would be £25,000. In other words, the cost of each QALY gained for the individual patient would be £25,000.

The graph below shows the decisions NICE took from 2007 -2013 against the cost effectiveness ratio (the cost of each QALY gained). As you can see, around £30,000 seems to be used by NICE as the cut-off point for economic evaluation.

NICE
Taking the each baby counts report, it is fairly easy to come up with a ballpark approximation for the total QALY impact of the cases of harm where it was judged different care could have altered the outcome.

215 babies died. Assuming that on average, people born in 2015 could be expected to live 60 years in good health, we can approximate that if these deaths were avoided, 215 * 60 = 12,900 QALYs would have been gained.

650 babies suffered avoidable brain damage. Again, and only as a very approximate estimation, if we assume that for each child a figure of 0.5 is used for each year of their life to reflect the reduction to  quality of life due to severe brain damage, we can approximate that 650 * .5 * 60 = 19,500 QALYs would have been gained if these cases of severe brain damage were avoided.

This of course is very imprecise estimate only to illustrate a point. However, if all of the cases highlighted as being potentially avoidable in the each baby counts report had been prevented, a gain of around 32,400 QALYs (12,900 + 19,500) seems like a reasonable ballpark estimate.

Knowing that NICE generally approve interventions that cost up to £30,000 per QALY gained, this gives us a useful frame of reference to think about what would be a reasonable sum to spend on effective interventions to prevent these tragic cases (assuming that the lives of babies are treated with the same value as all human life).

32,400 QALYs * £30,000 = £972m

Currently, 25% of these cases are not even subject to adequate investigation.