Safeguarding

Safeguarding Patients 115
No* Para Inquiry recommendation Government response
Para
Response
15 2.64 We further recommend that if LMCs
are the recipient of concerns about a
practitioner’s clinical conduct or
performance, this information should
be immediately passed on to the
relevant PCT or professional
regulatory body for appropriate
investigation. This should be made
known to their constituents. We
believe that not doing this would leave
professional members and staff of a
LMC in the potential position of having
failed to meet their own professional
obligations.
16 2.71 There should be set out in a
Memorandum of Understanding (such
as exists between the GMC and the
NCAA) between the NHS, professional
regulatory bodies such as the GMC
and the CPS a clear agreement as to
the responsibilities of each
organisation in the investigation of
potential criminal activity by health
care professionals. This should then
be promulgated to the NHS and built
into the guidance suggested below.
5.35 As for previous recommendation.
4.22–23 Advice relating to investigations of
potential criminal activity has
recently been issued in the form of
a Memorandum of Understanding
between the Police, the Health and
Safety Executive and the NHS.
There is a similar MOU between
the GMC, NMC and the Police.
Guidance on the thresholds at
which issues of professional
competence or conduct should be
referred to the professional
regulators will be developed by
CHRE as described at para 4.17 of
Trust, assurance and safety.
17 2.72 We therefore recommend that SHAs
work together with the Department of
Health to produce guidance for PCTs
and other NHS Trusts in handling such
incidents [ie incidents involving
potentially criminal activity], particularly
since the latest reorganisation of the
NHS has created a large number of
relatively inexperienced PCTs with
responsibility for GP contracts.
4.24,
4.12
Agreed – see previous
recommendation. In addition, the
Department will issue guidance
covering all aspects of investigation
by healthcare organisations after
consultation with stakeholders.
18 2.73 We further recommend that part of the
guidance we have suggested SHAs
and the Department of Health develop
for the NHS should specifically
address a patients communications
strategy and the involvement of local
victim support services.
4.12 Agreed – we will ensure that this is
covered in the guidance referred to
in relation to the previous
recommendation.