The independent review of the 3 year suspension of a consultant gynaecologist

1240/5(4928)

WRITTEN QUESTION TO THE CHIEF MINISTER

BY THE DEPUTY OF ST. MARTIN

ANSWER TO BE TABLED ON TUESDAY 17th NOVEMBER 2009

Question

Following the announcement by the Chief Minister on 3rd November, that Goodwin Hannah Consultants would be appointed to undertake an independent review of the 3 year suspension of a Consultant Gynaecologist -

1. Will the Chief Minister explain the methodof selection?
2. When will the Terms ofReference be published?
3. Will GoodwinHannah Consultants include a member with medicalexpertiseto in vestigate whether there were grounds for the suspension inthefirst place?
4. Will GoodwinHannah Consultants have access to the body of evidence already gathered b y Verita about the managementof the suspension?
5. Will the full costofthesuspension including the cost of the reviewsbeincluded in the fi ndings?
6. Will GoodwinHannah make recommendations?
7. Will theFinalReportbemade public?

Answer

1. Several potential providers were askedtosubmit bids for the work. Thefinal selection wasmadeby the Chief Minister supported by the HRDirector.Key aspects of the proposals that were considered were backgroundof the consultants, availability, timescales, and cost.
2. The Terms ofReferencehave been circulated to all StatesMembersalong with background information on the twoReviewers,butarealso attached hereto.
3. The Review Panel does not include an expert with medical qualifications but both reviewers have extensive experienceand expertise in humanresources issues in the NHS.The review will look only at employment processes and issuesnot clinical matters.
4. No.TheVerita review, aftertwoStates'debates has clearTermsofReference that relate specifically to the care,treatmentandmanagementof a patient and patient safety issues. Verita have notaddressed the exclusion and its subsequent management as part of its investigation. This is the purpose of SEB's Exclusion Reviewwhichhas different Terms ofReference that relate purelytoemploymentmatters.
5. Investigation into the cost oftheexclusion forms part of the Termsof Reference.
6. Yes, assetout in theTermsof Reference.
7. The publicationof the report isdescribed in the Terms ofReference and as far is permissible the findings will bepublished. However,as I have explained intheStatesand in the Terms ofReference,there are duty ofcareand confidentiality issues that donot allow the full report to bemade public.

A review of the management of the exclusion from work of a Consultant employed at the Jersey General Hospital

Commissioner

The Chief Minister, on behalf of the States Employment Board, has commissioned this review into the exclusion of a consultant following the death of a patient in 2006. Given the length of time that has elapsed since the incident, the cost and the concern of States Members and the public, the States Employment Board has asked for an independent review of the exclusion process to assure itself that the management of the process has been conducted correctly, and that the process itself meets the needs of a small jurisdiction like Jersey.

Terms of Reference

The purpose of the review is to;

1. examine the procedureemployedby the HealthandSocial Services Department,at the timeof the incident, for dealing with the capability and conduct of senior doctors and determine whether it wasrobustand fit forpurpose,and
2. investigate whethertheprocedurefordealing with the capabilityandconductofseniordoctors wascorrectly followed atthat time, including

1. the reasons for theimmediateexclusionof the Consultant following the incident,
2. whether the National Clinical AssessmentService(NCAS)was consulted, whenitwas consulted and whether anyadviceNCAS offered wasfollowed , and
3. whether there were anyproceduralerrors,or conflicts of interest exhibited by theStates Employment Board or the Senior Management Team of the Health and Social Services Department which have led to the exclusionnot being resolved to date;

3. investigate the time taken in the resolutionoftheexclusion, the costoftheexclusionand compare this to the practice in the NHS in theUK (and other small jurisdictions).

Report

A draft report should be submitted to the States Employment Board. The States Employment Board will ensure that its duty of confidentiality to any and all of its employees is maintained. The report should therefore be in two parts; part one should consist of matters appropriate for publication to States Members and the public, with part two relating to those matters of specific individual detail that will not be published and will remain confidential to the States Employment Board.