Right...
Except please note the phrasing...
This stuff is rather in the weeds, so could you tell us simply what this is supposed to mean in terms of the broader case?
Does it mean that they were warned there was a serial killer on the loose in the hospital, but the director had not believed her or had not answered the emails, and then had them scrubbed from the server so that even she and Dr Breary could not access them even though they had stored them?
Let's look at the correct response first. Under the PDA 2014, 2022) Protected Disclosures Act, and Health & Safety Acts, any employee is allowed to bring to management's attention issues that represent a risk to the safety of persons or the environment and, in addition, it is unlawful to subject that whistleblower to any detriment.
So, when Dr. Brearey brought his issues re patient safety in the neonatal unit at CoCH, this should have been put on the various risk register/s, safeguarding officer's records and minuted to the executive level, who may not actually do ward rounds and are office bound.
This did not happen. Instead, immediate line manager Karen Rees took it as an affront and refused to make any record whatsoever. Brearey took it up with Eiriann Powell, next level up. Again, Powell refused to lodge any of his claims nor pass them upline. So Brearey went to Kelly, the official Safeguarding Officer (this is a neonatal ward, remember). By now Brearey and Jayaram, plus five other doctors are now demanding action. So, Kelly arranges a CQC visit but omits to tell the inspectors of the doctors specific complaints. So CQC does a non-specific inspection and reports all well and good. Next, in comes RCPCH, headed by Meena [iirc] Modi, who has had Dr. Brearey directly in touch with her. Again they are not told of the doctors' concerns; again a generic inspection. All hunky dory.
In the interim, Brearey and Jayaram give the management an ultimatum. The pair are threatened with being reported to GMC (note the unlawful detriment) by Tony Chambers. Jayaram by now is a nervous wreck at the thought of being referred to GMC.
Letby takes out a grievance because she could hear whispers of her being 'Nurse Death'. She and her colleagues are told by Kelly, Powell or Rees that she is being put on secondment in the risk office with no loss of pay or benefits. In fact, it is presented as a promotion and Letby is still sent off for sought-after training courses at other nearby hospitals (still in contact with neonates).
In the civil service at management entry level, you are put in various different departments as part of your training, so this secondment was not seen by Letby's colleagues as any kind of detriment at all. Letby even exchanged >700 Whatsapp messages between her, Rees and the Occupatiional Therapist bod, who also took :Letby's side unquestioningly.
Letby won her grievance, with the full active backing of the management plus Chambers, Gibbs and Harvey. Jayaram and Brearey were forced to apologise to not only Letby but also her father.
So, the governance faults at CoCH:
- it failed to record the complaints of at least seven doctors.
- It unlawfully caused those doctors a detriment by threatening to refer them to GMC instead.
- It actively failed to inform either the CQC or the RCPCH of the doctor's concerns.
- It failed to notify the nursing register, so Letby was still registered as a nurse even after arrest.
- It put Letby in the risks office where Letby had access to confidential information about risks to patients.
- It effectively promoted Letby instead of putting her on garden leave or in a neutral temporary position.
- The higher executives after Letby's arrest, and the appointment of Dr. Gilby in place of Harvey seem to have panicked and wilfully destroyed any evidence of Brearey, et al's complaints, including Gilby's, who took the doctors' side.
This is what the Thirlwall Inquiry is leading up to. Possible corporate manslaughter or professional gross negligence manslaughter charges against those concerned in the active cover up.