1 00:00:05,800 --> 00:00:09,160 Tonight on Panorama, we unearth the hidden secrets 2 00:00:09,160 --> 00:00:13,120 that some NHS hospitals are keeping from us. 3 00:00:13,120 --> 00:00:17,200 Nothing that has happened in this entire case has been open. 4 00:00:17,200 --> 00:00:20,840 This has been a cover-up from start to finish. 5 00:00:20,840 --> 00:00:25,040 Transparency is key to keeping patients safe. 6 00:00:25,040 --> 00:00:28,640 All we've wanted from day one is some honesty, some transparency 7 00:00:28,640 --> 00:00:30,360 and just the truth to come out. 8 00:00:30,360 --> 00:00:34,960 But warnings about patient safety are being kept from the public. 9 00:00:34,960 --> 00:00:37,000 They're trying to keep something hidden. 10 00:00:37,000 --> 00:00:41,320 They know the service is failing and they're trying to hide something. 11 00:00:41,320 --> 00:00:45,000 Not only did the trust know about all the problems existed, 12 00:00:45,000 --> 00:00:48,480 they hadn't dealt with them in any way, shape or form. 13 00:00:48,480 --> 00:00:52,360 Panorama has uncovered dozens of expert reports highlighting 14 00:00:52,360 --> 00:00:56,200 serious concerns about patient care. 15 00:00:56,200 --> 00:00:59,240 You know, it means there are possibly risks out there 16 00:00:59,240 --> 00:01:01,280 that the regulator is unaware of. 17 00:01:01,280 --> 00:01:04,520 And ultimately, those risks can have tragic consequences. 18 00:01:04,520 --> 00:01:07,760 And we ask, are hospitals putting their reputations 19 00:01:07,760 --> 00:01:10,440 before patient safety? 20 00:01:10,440 --> 00:01:12,840 We never felt as though it was transparent. 21 00:01:12,840 --> 00:01:14,840 We felt like we were on the outside. 22 00:01:14,840 --> 00:01:17,200 We felt as though we've had to continue fighting. 23 00:01:30,600 --> 00:01:32,960 I didn't have any issues in my pregnancy. 24 00:01:32,960 --> 00:01:34,760 I had a very textbook pregnancy. 25 00:01:37,840 --> 00:01:40,000 We were obviously excited. 26 00:01:40,000 --> 00:01:42,680 We were going to be bringing our baby home. We didn't know 27 00:01:42,680 --> 00:01:45,840 if we were going to have a boy or a girl, so we were just excited 28 00:01:45,840 --> 00:01:48,560 about what was to come. 29 00:01:48,560 --> 00:01:52,160 In November 2017, Sarah and Tom Richford 30 00:01:52,160 --> 00:01:56,120 were at the Queen Elizabeth, the Queen Mother Hospital in Margate. 31 00:01:56,120 --> 00:01:58,560 It was the early stages of Sarah's labour. 32 00:02:00,800 --> 00:02:04,240 I was there for quite a long time and my labour wasn't progressing, 33 00:02:04,240 --> 00:02:08,720 so they said that I would be moved to the high-risk labour ward. 34 00:02:10,360 --> 00:02:14,200 As Sarah's labour went into the second night, two junior doctors 35 00:02:14,200 --> 00:02:15,920 were left in charge. 36 00:02:15,920 --> 00:02:18,840 One, a locum, had only been there three days. 37 00:02:18,840 --> 00:02:21,120 The other was a trainee GP. 38 00:02:23,120 --> 00:02:26,600 At three in the morning, the duty consultant, who was at home, 39 00:02:26,600 --> 00:02:30,240 agreed the inexperienced doctors should carry out an emergency 40 00:02:30,240 --> 00:02:33,680 caesarean section without her. 41 00:02:33,680 --> 00:02:36,880 You could feel the change and everybody did just start to panic. 42 00:02:36,880 --> 00:02:39,200 And there was a lot of people shouting. 43 00:02:39,200 --> 00:02:41,680 There was people... 44 00:02:41,680 --> 00:02:44,840 ..all of a sudden, it just was very stressful, 45 00:02:44,840 --> 00:02:47,600 erm, and not a nice environment to be in. 46 00:02:47,600 --> 00:02:51,160 We could hear the surgeons shouting things like, "Cut her here, 47 00:02:51,160 --> 00:02:53,840 "cut her there". And there was clearly quite an animated 48 00:02:53,840 --> 00:02:56,600 and heated discussion about what was going on. 49 00:02:56,600 --> 00:02:59,640 And we now know, looking back on it, that he was informing 50 00:02:59,640 --> 00:03:03,320 a very junior doctor to cut Sarah, which she wasn't qualified to do, 51 00:03:03,320 --> 00:03:05,120 as she felt uncomfortable to do it. 52 00:03:06,920 --> 00:03:11,280 When the consultant did eventually arrive, she was too late. 53 00:03:11,280 --> 00:03:13,640 Sarah's baby, Harry, wasn't breathing 54 00:03:13,640 --> 00:03:16,640 and needed urgent resuscitation. 55 00:03:16,640 --> 00:03:19,000 To escape the pandemonium around her, 56 00:03:19,000 --> 00:03:22,200 Sarah was offered a general anaesthetic. 57 00:03:23,240 --> 00:03:27,120 And I said, yes, and I still to this day feel guilty 58 00:03:27,120 --> 00:03:29,960 because I'd left Tom in that room. 59 00:03:31,560 --> 00:03:33,680 Having to see the doctors working on Harry, 60 00:03:33,680 --> 00:03:36,440 but also, obviously, me not wanting to be in that room, 61 00:03:36,440 --> 00:03:39,280 it meant that he - because I'd been put under general anaesthetic, 62 00:03:39,280 --> 00:03:40,920 he had to leave. 63 00:03:40,920 --> 00:03:43,200 What was going through your mind at that point? 64 00:03:43,200 --> 00:03:45,800 It... I didn't know if I'd ever see either of them again. 65 00:03:47,600 --> 00:03:50,080 Really, and it's tough, because... 66 00:03:50,080 --> 00:03:52,880 ..you go in with all those hopes and expectations that you're going 67 00:03:52,880 --> 00:03:56,600 to walk away as a family, and you're going to walk with Sarah 68 00:03:56,600 --> 00:03:59,320 and Harry out to your car and everything, 69 00:03:59,320 --> 00:04:01,200 and, eh... 70 00:04:03,120 --> 00:04:04,920 Yeah, you just think that actually 71 00:04:04,920 --> 00:04:06,680 you might be walking out on your own. 72 00:04:09,520 --> 00:04:13,440 Harry's traumatic delivery, and a delayed resuscitation, 73 00:04:13,440 --> 00:04:16,640 meant he'd suffered brain damage from a lack of oxygen. 74 00:04:16,640 --> 00:04:19,520 He was transferred to intensive care. 75 00:04:21,240 --> 00:04:24,600 And it was just a really difficult week, seeing him in his incubator 76 00:04:24,600 --> 00:04:28,680 and how sick he really was, and then going back to my room 77 00:04:28,680 --> 00:04:31,080 and then feeling guilty for not being with him. 78 00:04:31,080 --> 00:04:34,520 And then, you know, it was just, it was... 79 00:04:34,520 --> 00:04:37,000 ..one of the hardest weeks of our lives. Yeah. 80 00:04:37,000 --> 00:04:39,400 But we did get to spend time with him, 81 00:04:39,400 --> 00:04:41,360 erm, which was good. 82 00:04:43,080 --> 00:04:46,960 Tom and Sarah were told that Harry would have a very limited quality 83 00:04:46,960 --> 00:04:50,680 of life. He would never be able to learn or feed himself. 84 00:04:52,880 --> 00:04:56,160 After a lot of soul searching and advice, it was decided 85 00:04:56,160 --> 00:04:58,800 to turn off his life support machine. 86 00:04:59,880 --> 00:05:03,000 Nobody ever wants to have to make that decision. 87 00:05:03,000 --> 00:05:05,800 It's the worst possible decision that you could ever have to make. 88 00:05:05,800 --> 00:05:09,640 However, at the end of the day... 89 00:05:09,640 --> 00:05:11,920 ..it's a choice between... 90 00:05:11,920 --> 00:05:15,600 ..erm, your baby living and having no quality of life, 91 00:05:15,600 --> 00:05:19,680 or not, and so we did, obviously, choose to make a decision 92 00:05:19,680 --> 00:05:23,440 and for a long time, I felt really bad about that decision. 93 00:05:23,440 --> 00:05:24,960 But I think... 94 00:05:24,960 --> 00:05:28,200 ..I don't regret it because, you know, 95 00:05:28,200 --> 00:05:31,400 I wouldn't have wanted that for our baby. I know. 96 00:05:34,280 --> 00:05:38,960 At first, the hospital wouldn't report Harry's death to the coroner. 97 00:05:38,960 --> 00:05:41,960 The family feared a cover-up and set about doing their own research 98 00:05:41,960 --> 00:05:43,240 into why he died. 99 00:05:47,000 --> 00:05:50,120 Harry's grandfather, Derek, spent months online 100 00:05:50,120 --> 00:05:53,240 going through the hospital's public records. 101 00:05:54,320 --> 00:05:58,240 When things go wrong in hospitals, trust can commission reviews 102 00:05:58,240 --> 00:06:00,480 from one of the medical royal colleges, 103 00:06:00,480 --> 00:06:03,320 who set standards for care and practice. 104 00:06:03,320 --> 00:06:06,160 Derek found a reference to a Royal College report 105 00:06:06,160 --> 00:06:08,400 on the hospital's maternity unit 106 00:06:08,400 --> 00:06:10,880 written two years before Harry's death. 107 00:06:12,040 --> 00:06:14,720 I searched for this report on Google, everywhere, 108 00:06:14,720 --> 00:06:17,560 and I was getting pretty good at it by this time. 109 00:06:17,560 --> 00:06:20,760 Nothing, but nothing - couldn't find a thing. 110 00:06:20,760 --> 00:06:24,600 Derek discovered he could compel the hospital to release the report 111 00:06:24,600 --> 00:06:29,080 by sending a formal Freedom of Information request. 112 00:06:29,080 --> 00:06:32,440 When you opened that email, I mean, what did you see? 113 00:06:32,440 --> 00:06:36,160 I was absolutely stunned because even the introduction, 114 00:06:36,160 --> 00:06:38,680 it goes into only about ten lines 115 00:06:38,680 --> 00:06:41,520 that could have written Harry's demise. 116 00:06:41,520 --> 00:06:44,360 It tells you about consultants not turning up overnight. 117 00:06:44,360 --> 00:06:48,200 It tells you about a lack of escalation. 118 00:06:48,200 --> 00:06:51,440 And it just says if you continue to operate and practice the way 119 00:06:51,440 --> 00:06:54,480 you are currently doing things, there's a high probability 120 00:06:54,480 --> 00:06:56,960 that there's going to be an unassessed locum doctor 121 00:06:56,960 --> 00:06:58,880 working overnight. 122 00:06:58,880 --> 00:07:03,040 Sort of, maybe 20 months later, that's exactly what happened to us. 123 00:07:03,040 --> 00:07:05,680 So they knew all of that was going on at that time. 124 00:07:05,680 --> 00:07:08,280 And it was two years prior to Harry. 125 00:07:08,280 --> 00:07:10,000 Honestly, we were stunned. 126 00:07:12,800 --> 00:07:15,120 You feel incredibly angry and upset and emotional 127 00:07:15,120 --> 00:07:17,880 because it was so avoidable. 128 00:07:17,880 --> 00:07:21,120 It is the most easily avoidable mistake going. 129 00:07:21,120 --> 00:07:23,960 You just see, this is the mistake. OK, let's avoid that 130 00:07:23,960 --> 00:07:26,000 and change our practice, and then it won't happen. 131 00:07:26,000 --> 00:07:27,840 But it didn't happen for us. 132 00:07:29,080 --> 00:07:33,080 Since 2015, trusts are supposed to share Royal College reports 133 00:07:33,080 --> 00:07:36,520 with the regulator - in England, the Care Quality Commission, 134 00:07:36,520 --> 00:07:40,240 or CQC. The trusts should then inform the public, 135 00:07:40,240 --> 00:07:43,520 but there is no law to enforce this. 136 00:07:43,520 --> 00:07:47,080 The Margate hospital told the CQC about the review, 137 00:07:47,080 --> 00:07:49,640 but didn't give them the report. 138 00:07:49,640 --> 00:07:51,960 So we went up to London and had a meeting with them 139 00:07:51,960 --> 00:07:54,080 and showed them the documentation which we had. 140 00:07:54,080 --> 00:07:57,080 They said they'd never seen it. It was the first time they'd seen it. 141 00:07:57,080 --> 00:07:59,520 And they were obviously quite worried by the fact 142 00:07:59,520 --> 00:08:02,520 that they hadn't seen something like that important before. 143 00:08:02,520 --> 00:08:05,680 Hospitals need to own their mistakes and their weaknesses. 144 00:08:05,680 --> 00:08:08,680 Whereas if you try to hide them, more patients 145 00:08:08,680 --> 00:08:10,480 are going to be harmed. 146 00:08:10,480 --> 00:08:12,720 And you took the report to the regulator, the CQC, 147 00:08:12,720 --> 00:08:14,400 had a meeting with them. 148 00:08:14,400 --> 00:08:16,560 Can you just describe that meeting for me? 149 00:08:16,560 --> 00:08:19,320 They were shocked, genuinely shocked. 150 00:08:19,320 --> 00:08:21,640 And we actually left our copy with them 151 00:08:21,640 --> 00:08:24,360 so that they could have this to prove that there had been 152 00:08:24,360 --> 00:08:26,320 all of this going on in the past. 153 00:08:26,320 --> 00:08:28,960 How can you regulate... 154 00:08:28,960 --> 00:08:31,480 ..something as important as a hospital 155 00:08:31,480 --> 00:08:35,040 without knowing at least what the extreme risks are? 156 00:08:35,040 --> 00:08:38,720 "East Kent Hospitals Trust says it is deeply sorry 157 00:08:38,720 --> 00:08:41,760 "it failed Harry, Sarah and the Richford family, 158 00:08:41,760 --> 00:08:44,400 "and apologises unreservedly to them 159 00:08:44,400 --> 00:08:46,840 "and to other families for the things 160 00:08:46,840 --> 00:08:49,280 "that could have been done differently." 161 00:08:49,280 --> 00:08:52,880 It says it used the Royal College's findings "to inform changes, 162 00:08:52,880 --> 00:08:55,120 "including increased staffing, training 163 00:08:55,120 --> 00:08:57,840 "and improved clinical oversight." 164 00:08:57,840 --> 00:09:01,440 It says it reports its progress to the regulators 165 00:09:01,440 --> 00:09:04,760 and "continues to make improvements" to its maternity service. 166 00:09:12,240 --> 00:09:15,920 I've been working as a GP for over a decade, but I knew 167 00:09:15,920 --> 00:09:19,560 very little about these independent expert reviews. 168 00:09:19,560 --> 00:09:24,040 Harry's story really hit home for me about how important they are 169 00:09:24,040 --> 00:09:27,360 for patient safety, but only when they're acted upon. 170 00:09:28,800 --> 00:09:32,520 Asking for a Royal College review can be a good sign. 171 00:09:32,520 --> 00:09:36,200 It shows the hospital wants to find out if things have gone wrong, 172 00:09:36,200 --> 00:09:39,480 so lessons are learned and care improved. 173 00:09:39,480 --> 00:09:42,080 Guidelines for these reviews are set 174 00:09:42,080 --> 00:09:45,080 by the Academy of Medical Royal Colleges. 175 00:09:45,080 --> 00:09:48,200 They are done in a spirit of openness within the department. 176 00:09:48,200 --> 00:09:51,640 They encourage honest discussion and honest sharing in that spirit 177 00:09:51,640 --> 00:09:53,400 of quality improvement. 178 00:09:53,400 --> 00:09:56,480 The fact a review is done should never be secret, and indeed 179 00:09:56,480 --> 00:10:00,840 the summary of the findings should always be published. 180 00:10:00,840 --> 00:10:03,920 But neither the public nor the regulator knew the extent 181 00:10:03,920 --> 00:10:07,320 of the risks in Margate's problem maternity ward. 182 00:10:07,320 --> 00:10:10,000 I wanted to find out how many other hospitals 183 00:10:10,000 --> 00:10:12,560 had been hiding safety problems. 184 00:10:14,360 --> 00:10:17,640 We submitted hundreds of our own Freedom of Information requests, 185 00:10:17,640 --> 00:10:22,520 asking every NHS Trust in the UK to release all Royal College reports 186 00:10:22,520 --> 00:10:24,760 from the previous five years. 187 00:10:26,800 --> 00:10:32,080 In response, we were told about 111 reports across 69 trusts. 188 00:10:32,080 --> 00:10:35,280 Some hospitals had had multiple reports. 189 00:10:37,880 --> 00:10:41,000 Only 80 were released to us. 190 00:10:41,000 --> 00:10:44,640 Around two thirds highlighted potential or actual 191 00:10:44,640 --> 00:10:46,680 patient safety concerns. 192 00:10:46,680 --> 00:10:49,520 Here's one from a chemotherapy department. 193 00:10:49,520 --> 00:10:52,200 16 patients were thought to have been given an overdose, 194 00:10:52,200 --> 00:10:54,600 potentially killing one of them. 195 00:10:54,600 --> 00:10:58,480 It says this was a potentially very serious event. 196 00:10:58,480 --> 00:11:01,360 The trust's internal investigation appears inadequate 197 00:11:01,360 --> 00:11:04,840 and heavily influenced by one clinician. 198 00:11:04,840 --> 00:11:08,520 Another review into breast surgery found private patients 199 00:11:08,520 --> 00:11:12,240 were prioritised over those on the NHS. 200 00:11:12,240 --> 00:11:15,000 It says that private patients had compromised 201 00:11:15,000 --> 00:11:18,400 NHS cancer patient lists and it was a serious matter 202 00:11:18,400 --> 00:11:21,440 that had disadvantaged NHS patients. 203 00:11:21,440 --> 00:11:25,080 And another showed concerns about people dying on the waiting list 204 00:11:25,080 --> 00:11:27,120 for heart surgery. 205 00:11:27,120 --> 00:11:31,600 "Wait times are of significant concern bordering on unacceptable. 206 00:11:31,600 --> 00:11:36,040 "The true scope of the problem had yet to be recognised." 207 00:11:36,040 --> 00:11:40,200 Of the 80, just 26 were shared in full with the regulator 208 00:11:40,200 --> 00:11:43,680 and just 16 were made public. 209 00:11:43,680 --> 00:11:48,000 We know about 111 reports. But the Royal Colleges have told us 210 00:11:48,000 --> 00:11:51,800 they did more than 260 in the same period. 211 00:11:51,800 --> 00:11:54,680 So it looks like even more may have been hidden. 212 00:12:00,240 --> 00:12:04,000 The recommendations that hospitals should share Royal College reports 213 00:12:04,000 --> 00:12:06,720 with the regulator, and publish a summary, 214 00:12:06,720 --> 00:12:10,920 were proposed by NHS investigator Dr Bill Kirkup. 215 00:12:10,920 --> 00:12:13,680 I think it's a great disappointment to me. 216 00:12:13,680 --> 00:12:19,920 I think that it is a shame that the two relevant recommendations 217 00:12:19,920 --> 00:12:22,800 weren't taken more seriously. 218 00:12:22,800 --> 00:12:26,320 And people should know that there is something that is important enough 219 00:12:26,320 --> 00:12:29,040 to be looked at and they should know what the results 220 00:12:29,040 --> 00:12:31,040 of that scrutiny are. 221 00:12:31,040 --> 00:12:33,920 I'm dismayed to hear that summaries aren't being published 222 00:12:33,920 --> 00:12:35,960 and aren't routinely in the public domain. 223 00:12:35,960 --> 00:12:39,320 That is not what our guidance says, because if things are not 224 00:12:39,320 --> 00:12:42,040 being shared, and if that has implications for patient safety, 225 00:12:42,040 --> 00:12:43,880 that must be put right. 226 00:12:45,720 --> 00:12:49,960 This review from 2015 was about the Royal Liverpool Hospital 227 00:12:49,960 --> 00:12:52,200 and its treatment of vasculitis, 228 00:12:52,200 --> 00:12:56,200 a disease that affects blood vessels. 229 00:12:56,200 --> 00:12:59,280 It says some doctors stopped referring patients 230 00:12:59,280 --> 00:13:03,120 to the vasculitis departments, which they felt was over diagnosing 231 00:13:03,120 --> 00:13:05,960 the condition, and they were worried that patients 232 00:13:05,960 --> 00:13:07,480 were being over-treated 233 00:13:07,480 --> 00:13:11,320 with strong drugs, with the risk of serious side effects. 234 00:13:11,320 --> 00:13:14,560 We tracked down one of the department's patients 235 00:13:14,560 --> 00:13:18,360 who'd heard about the review, but had never seen the report. 236 00:13:18,360 --> 00:13:21,280 He wants to remain anonymous, as he fears speaking out 237 00:13:21,280 --> 00:13:23,920 might affect his treatment. 238 00:13:23,920 --> 00:13:26,200 Initially, it felt like I'd finally found somewhere 239 00:13:26,200 --> 00:13:29,160 where I could be looked after, but then things haven't really 240 00:13:29,160 --> 00:13:30,800 worked out that way. 241 00:13:30,800 --> 00:13:33,600 I still don't think I'm on the optimal treatment. 242 00:13:33,600 --> 00:13:38,320 With his agreement, I showed him the report for the first time. 243 00:13:44,840 --> 00:13:46,680 What are your initial thoughts? 244 00:13:46,680 --> 00:13:48,880 I'm really upset by it. 245 00:13:48,880 --> 00:13:53,160 I just feel...I'm really devastated, really. 246 00:13:53,160 --> 00:13:56,000 It's upsetting, but it's a positive thing to discover. 247 00:13:56,000 --> 00:13:59,040 I'm not surprised this hasn't been shared. 248 00:13:59,040 --> 00:14:01,680 The hospital told the regulator about the review, 249 00:14:01,680 --> 00:14:04,320 but didn't give them the full report. 250 00:14:05,560 --> 00:14:08,720 That just sounds like they're trying to keep something hidden. 251 00:14:11,440 --> 00:14:15,520 The report said independent checks needed to be done without delay 252 00:14:15,520 --> 00:14:18,600 on patients covering the last two years. 253 00:14:20,640 --> 00:14:22,840 But was this audit completed? 254 00:14:25,680 --> 00:14:28,560 We put in further Freedom of Information requests, 255 00:14:28,560 --> 00:14:33,440 which revealed there were 400 patients at the time of the review. 256 00:14:33,440 --> 00:14:36,080 But more than 18 months later, 257 00:14:36,080 --> 00:14:38,840 less than a quarter had been checked. 258 00:14:40,160 --> 00:14:43,960 In one set of 26 patients on potent drugs, 259 00:14:43,960 --> 00:14:47,280 they found two were given them inappropriately. 260 00:14:48,600 --> 00:14:52,680 Another four were given possibly excessive doses, 261 00:14:52,680 --> 00:14:57,600 and three died while suffering from the side effects of the drugs. 262 00:14:57,600 --> 00:15:00,520 Because they never completed the full audit, 263 00:15:00,520 --> 00:15:03,360 we don't know the true extent of the problem. 264 00:15:03,360 --> 00:15:06,080 the regulator has confirmed to Panorama 265 00:15:06,080 --> 00:15:08,720 that it didn't know an audit had been recommended. 266 00:15:08,720 --> 00:15:11,720 If it had, it would have monitored the findings. 267 00:15:11,720 --> 00:15:14,360 It really makes me afraid of it. 268 00:15:14,360 --> 00:15:15,760 It... 269 00:15:15,760 --> 00:15:17,400 ..makes me afraid of the service. 270 00:15:17,400 --> 00:15:19,480 Is it safe? 271 00:15:19,480 --> 00:15:22,120 It's just shocking, really, that, you know... 272 00:15:22,120 --> 00:15:25,480 ..what about the patients that have not had their diagnosis reviewed? 273 00:15:25,480 --> 00:15:28,640 Do we know that the diagnosis is correct? 274 00:15:28,640 --> 00:15:31,440 So I think that's absolutely outrageous. 275 00:15:31,440 --> 00:15:34,760 And imagine how it would feel to be, erm, a patient 276 00:15:34,760 --> 00:15:36,320 who's used that service? 277 00:15:36,320 --> 00:15:40,560 You know, it's really a betrayal of the trust of patients. 278 00:15:41,840 --> 00:15:45,000 What it's really telling me is that, not only is the service 279 00:15:45,000 --> 00:15:47,720 not safe, but the hospital management dealing with it 280 00:15:47,720 --> 00:15:48,920 is not safe. 281 00:15:52,400 --> 00:15:55,480 We've also discovered the Royal College of Physicians, 282 00:15:55,480 --> 00:15:59,280 who recommended the audit, were worried about its slow progress, 283 00:15:59,280 --> 00:16:02,400 but they didn't tell the regulator. 284 00:16:02,400 --> 00:16:05,280 We have found examples where the Royal College 285 00:16:05,280 --> 00:16:07,320 has not been happy, 286 00:16:07,320 --> 00:16:10,400 but they haven't passed this on to the regulator. 287 00:16:10,400 --> 00:16:12,480 What do you think about that? 288 00:16:12,480 --> 00:16:14,240 I would want to know more about it. 289 00:16:14,240 --> 00:16:17,160 But if there are concerns that are so serious 290 00:16:17,160 --> 00:16:20,040 and there is any anxiety that they may not be followed up on, 291 00:16:20,040 --> 00:16:23,640 then we would expect the experts to be reporting them 292 00:16:23,640 --> 00:16:25,480 directly to regulators. 293 00:16:25,480 --> 00:16:27,720 I'm disappointed and dismayed to hear it. 294 00:16:32,080 --> 00:16:35,640 The Royal College of Physicians says it satisfied the trusts 295 00:16:35,640 --> 00:16:38,320 "made reasonable attempts to complete the audits", 296 00:16:38,320 --> 00:16:42,560 but it was "very disappointed with the speed of response and progress." 297 00:16:44,400 --> 00:16:47,040 It says "the trust had a clear obligation 298 00:16:47,040 --> 00:16:50,280 "to share serious ongoing concerns with patients 299 00:16:50,280 --> 00:16:52,520 "and the relevant regulator." 300 00:16:54,440 --> 00:16:56,600 The Royal Liverpool Hospitals Trust 301 00:16:56,600 --> 00:17:00,120 says it's "committed to providing safe and excellent care", 302 00:17:00,120 --> 00:17:02,680 and says the recommendations identified 303 00:17:02,680 --> 00:17:05,040 in the Royal College of Physicians report 304 00:17:05,040 --> 00:17:07,640 "have since been successfully implemented 305 00:17:07,640 --> 00:17:11,600 "or are part of longer-term actions currently in progress." 306 00:17:28,600 --> 00:17:32,120 Hospitals have a duty to be open and transparent 307 00:17:32,120 --> 00:17:34,840 with their regulator. Over the last year, 308 00:17:34,840 --> 00:17:38,840 Panorama has seen evidence that England's regulator, the CQC, 309 00:17:38,840 --> 00:17:42,080 was misled by England's most famous hospital, 310 00:17:42,080 --> 00:17:45,520 misled about the number of children, potentially hundreds, 311 00:17:45,520 --> 00:17:48,280 who might have been harmed by their treatment. 312 00:17:55,080 --> 00:17:57,840 I'm 16, I'm in sixth form. 313 00:17:57,840 --> 00:18:00,360 I live in London. 314 00:18:00,360 --> 00:18:04,000 Sammy Bentwood used to be a child actor, appearing in adverts 315 00:18:04,000 --> 00:18:08,760 with his twin brother and starring in Billy Elliot in the West End. 316 00:18:08,760 --> 00:18:13,560 I was, like, very into acting and as good as that was, 317 00:18:13,560 --> 00:18:17,240 I'd like, miss maybe like, three or four shows a week 318 00:18:17,240 --> 00:18:19,840 because of pain. 319 00:18:19,840 --> 00:18:23,520 Sammy suffered severe stomach pain, and in 2008, 320 00:18:23,520 --> 00:18:27,080 age four, he was diagnosed at Great Ormond Street Hospital 321 00:18:27,080 --> 00:18:29,000 with a rare gut illness, 322 00:18:29,000 --> 00:18:33,440 eosinophilic gastrointestinal disease known as Egid. 323 00:18:33,440 --> 00:18:36,120 He underwent intensive treatment. 324 00:18:36,120 --> 00:18:39,160 He was fed through a tube in his stomach and didn't eat 325 00:18:39,160 --> 00:18:41,320 for six years. 326 00:18:41,320 --> 00:18:43,280 You miss out on a lot of stuff. 327 00:18:43,280 --> 00:18:44,640 A lot like... 328 00:18:44,640 --> 00:18:46,600 ..everything revolves around food. 329 00:18:46,600 --> 00:18:49,920 If you go to a party, where you see with friends, like, 330 00:18:49,920 --> 00:18:52,560 you go get food and... And so you were taking, 331 00:18:52,560 --> 00:18:55,200 if I understand, a lot a lot of pills, is that right? 332 00:18:55,200 --> 00:18:58,640 Quite a few medications? 30 a day. 30 a day? Yeah. 333 00:19:00,280 --> 00:19:04,320 Sammy's consultant prescribed powerful drugs, which suppressed 334 00:19:04,320 --> 00:19:08,560 his immune system, including some used to treat cancer. 335 00:19:10,440 --> 00:19:13,720 Steroids were always part of it, and he kept on being 336 00:19:13,720 --> 00:19:16,800 more and more aggressive with the treatment plans, 337 00:19:16,800 --> 00:19:20,000 adding and more and more, erm, medicines. 338 00:19:20,000 --> 00:19:22,200 What sort of medicines are we talking about? 339 00:19:22,200 --> 00:19:24,680 How strong are they? We're talking chemotherapy medicines. 340 00:19:24,680 --> 00:19:28,120 I mean, it's like using a sledgehammer to crack a walnut. 341 00:19:28,120 --> 00:19:29,920 But let's be very clear. 342 00:19:29,920 --> 00:19:33,480 We did this because they made it very clear that he needed 343 00:19:33,480 --> 00:19:36,240 to have these medicines to stay alive. 344 00:19:37,640 --> 00:19:41,320 What Sammy and his family didn't know was that Great Ormond Street 345 00:19:41,320 --> 00:19:44,320 had commissioned a Royal College review of the department 346 00:19:44,320 --> 00:19:46,600 that was still treating him. 347 00:19:46,600 --> 00:19:50,640 In 2015, the reviewers heard a range of serious allegations 348 00:19:50,640 --> 00:19:53,920 that the service may be causing avoidable harm 349 00:19:53,920 --> 00:19:56,560 to around 400 children. 350 00:19:59,200 --> 00:20:02,240 The college wrote this letter to the trust ahead of its report. 351 00:20:02,240 --> 00:20:05,080 It said they'd heard concerns about treatments which could 352 00:20:05,080 --> 00:20:07,720 unnecessarily compromise their physical 353 00:20:07,720 --> 00:20:10,560 or psychological wellbeing. 354 00:20:10,560 --> 00:20:13,720 Sammy's doctor was restricted from seeing patients 355 00:20:13,720 --> 00:20:16,040 as part of the review process. 356 00:20:16,040 --> 00:20:19,520 But the Bentwoods weren't told why. 357 00:20:19,520 --> 00:20:21,960 There were forms with people discussing what's going on, 358 00:20:21,960 --> 00:20:24,800 but Great Ormond Street never said anything to us. 359 00:20:24,800 --> 00:20:27,320 Worried, they sought a second opinion 360 00:20:27,320 --> 00:20:29,640 from the Royal London Hospital. 361 00:20:29,640 --> 00:20:33,040 There, they received life-changing news. 362 00:20:34,120 --> 00:20:36,760 I remember sitting with my wife and he said, 363 00:20:36,760 --> 00:20:40,160 "You don't need to be on any medicines. 364 00:20:40,160 --> 00:20:43,040 "Sammy can eat food as much as he wants." 365 00:20:44,240 --> 00:20:46,920 And I remember, I stood up and I hugged the guy. 366 00:20:50,200 --> 00:20:53,200 And what were you thinking at that stage when they told you 367 00:20:53,200 --> 00:20:55,400 that had been your life, your experience, 368 00:20:55,400 --> 00:20:58,120 every day for so many years? I'm excited. 369 00:20:58,120 --> 00:21:01,520 I'm very, very excited to be able to reintroduce food and come off 370 00:21:01,520 --> 00:21:04,200 all this. But it's also like... 371 00:21:05,200 --> 00:21:08,640 Like, are you sure? Like... 372 00:21:09,880 --> 00:21:13,080 I spoke to Sammy's current doctor, who doubts he had the disease 373 00:21:13,080 --> 00:21:15,160 in the first place. 374 00:21:15,160 --> 00:21:19,360 So when we reviewed, erm, a lot of the investigations, 375 00:21:19,360 --> 00:21:23,920 I personally found very little evidence that he had this condition. 376 00:21:23,920 --> 00:21:28,680 We were able to reduce all his medications. 377 00:21:28,680 --> 00:21:33,920 And in fact, he went from being dependent on tube feeding, 378 00:21:33,920 --> 00:21:35,880 directly into his stomach, 379 00:21:35,880 --> 00:21:37,480 to eating normal foods. 380 00:21:41,160 --> 00:21:45,440 Sammy was weaned off his treatment and began to lead a normal life. 381 00:21:45,440 --> 00:21:49,280 Great Ormond Street shared the Royal College report with the regulator 382 00:21:49,280 --> 00:21:53,960 and told them they would check the treatment of more than 300 children 383 00:21:53,960 --> 00:21:58,560 who'd received potent drugs without a clear medical justification. 384 00:21:58,560 --> 00:22:01,960 But they reviewed just 42. 385 00:22:01,960 --> 00:22:04,840 They told the regulator they had discounted the rest 386 00:22:04,840 --> 00:22:07,880 because they had separate medical conditions. 387 00:22:07,880 --> 00:22:10,800 But Panorama has seen internal emails 388 00:22:10,800 --> 00:22:14,160 that suggests that wasn't the case. 389 00:22:14,160 --> 00:22:19,080 Sammy was one of the hundreds whose treatment wasn't reviewed. 390 00:22:19,080 --> 00:22:23,400 All trusts under a legal obligation to be open and candid 391 00:22:23,400 --> 00:22:25,960 with the regulator. 392 00:22:25,960 --> 00:22:29,280 I showed our evidence to a barrister who specialises 393 00:22:29,280 --> 00:22:32,320 in medical negligence. 394 00:22:32,320 --> 00:22:35,480 Do you think that Great Ormond Street were open 395 00:22:35,480 --> 00:22:39,360 and transparent about why they ended up reviewing 42 patients, 396 00:22:39,360 --> 00:22:43,280 and not the 300 that they initially were planning to do? 397 00:22:43,280 --> 00:22:46,760 On the information I've seen, no, I don't. 398 00:22:46,760 --> 00:22:50,720 There, in my view, is a mismatch between the explanation 399 00:22:50,720 --> 00:22:54,880 that was given to the CQC for that cohort 400 00:22:54,880 --> 00:22:57,720 being numbered at 42, 401 00:22:57,720 --> 00:23:01,240 and the explanation that we see in the email 402 00:23:01,240 --> 00:23:04,240 that has been disclosed by the hospital. 403 00:23:04,240 --> 00:23:08,120 So do you think then the hospital was honest, open and transparent 404 00:23:08,120 --> 00:23:10,520 with the regulator? Not sufficiently, no. 405 00:23:12,840 --> 00:23:17,440 So what of the hundreds of children like Sammy, who were not reviewed, 406 00:23:17,440 --> 00:23:20,920 many of whom might have no idea that their treatment 407 00:23:20,920 --> 00:23:23,320 may have been unnecessary? 408 00:23:25,160 --> 00:23:29,360 My concern would be if there were many other children like Sammy, 409 00:23:29,360 --> 00:23:34,480 who, eh, medication continued without any strong evidence. 410 00:23:34,480 --> 00:23:37,600 No medications are without side effects, 411 00:23:37,600 --> 00:23:40,880 and there is therefore always the potential of harm. 412 00:23:40,880 --> 00:23:45,480 Great Ormond Street Hospital has never publicly accepted any children 413 00:23:45,480 --> 00:23:48,600 were needlessly given potent drugs, or harmed 414 00:23:48,600 --> 00:23:50,960 by any unnecessary treatments. 415 00:23:50,960 --> 00:23:54,440 The internal documents that I've seen indicate the hospital 416 00:23:54,440 --> 00:23:58,080 accepted that some children had indeed suffered 417 00:23:58,080 --> 00:23:59,720 at least moderate harm. 418 00:24:02,360 --> 00:24:05,160 Do you think then that Sammy has been harmed as a result 419 00:24:05,160 --> 00:24:08,200 of this treatment? Yes, I do. 420 00:24:09,240 --> 00:24:11,880 I still can't believe what we've been through. 421 00:24:11,880 --> 00:24:13,920 And... 422 00:24:13,920 --> 00:24:16,160 I don't know, where do we start? 423 00:24:16,160 --> 00:24:20,400 How about, he was on steroids for so long that it's given him 424 00:24:20,400 --> 00:24:23,040 long term problems with his bones? 425 00:24:23,040 --> 00:24:26,480 I've had proper, like, stunted growth, 426 00:24:26,480 --> 00:24:28,960 so I'm like, five, three. 427 00:24:28,960 --> 00:24:32,400 And my twin brother is five, eight five, nine. 428 00:24:32,400 --> 00:24:36,000 How about the fact that he's missed so much school 429 00:24:36,000 --> 00:24:39,520 that impacted his childhood and his learning, 430 00:24:39,520 --> 00:24:41,680 and impacted his GCSEs? 431 00:24:41,680 --> 00:24:46,000 So, at my worst, it was around - my attendance was like, 40%. 432 00:24:47,640 --> 00:24:50,080 Great Ormond Street needs to be honest and say, 433 00:24:50,080 --> 00:24:51,960 we've made a mistake. 434 00:24:51,960 --> 00:24:55,680 They need to own up to it and contact all the patients 435 00:24:55,680 --> 00:25:00,440 and go through what has happened, why it's happened, and how they can 436 00:25:00,440 --> 00:25:04,280 support the families moving forward with any long term implications, 437 00:25:04,280 --> 00:25:07,320 not pretend nothing happened. 438 00:25:10,560 --> 00:25:12,880 Do you think the trust put its own reputation 439 00:25:12,880 --> 00:25:16,040 above being open and transparent with the patients 440 00:25:16,040 --> 00:25:18,520 that use the service? 441 00:25:18,520 --> 00:25:21,840 In certain respects, I think I'm afraid I think it did, yes. 442 00:25:24,200 --> 00:25:28,280 The Care Quality Commission says that while it did identify concerns 443 00:25:28,280 --> 00:25:32,720 during an inspection in 2018, about how the trust shared information, 444 00:25:32,720 --> 00:25:35,960 it doesn't have evidence "either then or now, 445 00:25:35,960 --> 00:25:39,640 "to indicate the trust deliberately misled the CQC." 446 00:25:46,320 --> 00:25:49,520 Great Ormond Street Hospital says it has acknowledged publicly 447 00:25:49,520 --> 00:25:51,840 it has "not always got the care right", 448 00:25:51,840 --> 00:25:53,880 and has apologised and says 449 00:25:53,880 --> 00:25:56,400 it's "now confident there have been vast improvements 450 00:25:56,400 --> 00:25:58,320 "across the service." 451 00:26:00,960 --> 00:26:06,120 It says by 2019, it had "reviewed all its gastroenterology patients" 452 00:26:06,120 --> 00:26:10,120 and was "assured they were receiving appropriate treatment." 453 00:26:10,120 --> 00:26:14,160 It says it has worked really closely with the regulators throughout. 454 00:26:16,000 --> 00:26:20,760 Our investigation has shown some NHS hospitals still have a problem 455 00:26:20,760 --> 00:26:22,880 with transparency and learning. 456 00:26:22,880 --> 00:26:27,240 So it's actually pretty devastating that we're still finding 457 00:26:27,240 --> 00:26:31,720 serious issues affecting patient safety that are not being openly 458 00:26:31,720 --> 00:26:33,480 and transparently reported. 459 00:26:33,480 --> 00:26:35,760 They're not being shared with the regulator. 460 00:26:35,760 --> 00:26:39,520 NHS England says there are "robust and transparent systems 461 00:26:39,520 --> 00:26:42,960 "to ensure hospitals learn and improve services." 462 00:26:42,960 --> 00:26:46,880 It says "all independent reviews should be made available" 463 00:26:46,880 --> 00:26:49,600 to health commissioners and regulators, 464 00:26:49,600 --> 00:26:52,200 and it "expects trusts to take prompt action" 465 00:26:52,200 --> 00:26:54,400 to address recommendations made. 466 00:26:56,040 --> 00:27:00,080 The Care Quality Commission says hospitals and Royal Colleges have 467 00:27:00,080 --> 00:27:04,120 "a responsibility to ensure that any serious patient safety issues" 468 00:27:04,120 --> 00:27:06,280 are shared with the CQC. 469 00:27:06,280 --> 00:27:10,280 But it says it "continues to see examples of a lack of transparency", 470 00:27:10,280 --> 00:27:13,880 a measure of the "culture change that is still needed to 471 00:27:13,880 --> 00:27:17,120 "to make health services as safe as they can be." 472 00:27:22,000 --> 00:27:26,080 Can hospitals be trusted to be open and transparent? 473 00:27:26,080 --> 00:27:30,720 Or does the law need to be changed to ensure they are held to account? 474 00:27:32,200 --> 00:27:34,200 I think we may need 475 00:27:34,200 --> 00:27:38,040 to consider making this a legal duty of trusts 476 00:27:38,040 --> 00:27:40,680 that they have to, erm, disclose 477 00:27:40,680 --> 00:27:42,800 when these investigations are being done. 478 00:27:45,000 --> 00:27:48,200 In Margate, Harry Richford's family are determined 479 00:27:48,200 --> 00:27:51,640 their baby's short life will bring about permanent change. 480 00:27:54,320 --> 00:27:56,960 There should be a Harry's Law that says 481 00:27:56,960 --> 00:27:59,920 all invited reviews 482 00:27:59,920 --> 00:28:03,840 must be published to the regulator, number one. 483 00:28:03,840 --> 00:28:06,640 And once the regulator has had them for three months, 484 00:28:06,640 --> 00:28:08,880 they must then be made public. 485 00:28:08,880 --> 00:28:12,080 In court, East Kent Hospitals Trust pleaded guilty 486 00:28:12,080 --> 00:28:17,680 to a failure to provide safe care and treatment for Harry and Sarah. 487 00:28:17,680 --> 00:28:20,240 It will be fined next month. 488 00:28:20,240 --> 00:28:24,520 I hope that this change happens in Harry's name. 489 00:28:24,520 --> 00:28:26,800 We've been through... 490 00:28:28,160 --> 00:28:33,240 ..we've been through so much and we have to get change, because... 491 00:28:33,240 --> 00:28:35,000 ..this can't happen again.