Exclusive: Blindsided NHSE bosses to launch snooping probe

The probe into the University Hospitals of Liverpool Group follows the news that staff at the trust inappropriately accessed the medical records of victims of the 2024 mass stabbing at a dance class in Southport. 

The trust was then accused of an “attempted cover-up” because it only decided to inform victims that dozens of staff had viewed their files without good reason shortly before HSJ published its exclusive story on the revelations (more details in box below).  

And now internal emails obtained by HSJ   via a Freedom of Information request have also laid bare regional bosses’ frustration with the trust. They reveal NHSE bosses said internally that the trust had not informed them about the incident, despite it raising “very serious issues”, and that they were organising an external investigation into the matter.

In an email sent on 15 May, the day HSJ’s story was published, regional director Louise Shepherd wrote: “I had no idea this happened. Were we informed? I am very concerned about duty of candour here… Why weren’t the victims informed immediately?” 

The following day, Ms Shepherd told regional officials: “I think we need a thorough investigation into what has gone on here… it raises v[ery] serious issues about governance, duty of candour and culture.” 

The duty of candour is a statutory requirement for providers to be open and transparent, and is regulated by the Care Quality Commission.

Former chief nurse James McLean said in an email sent on 19 May: “[The trust’s leaders] made critical decisions and didn’t look at informing key players such as NHSE.” 

He added that he expected the investigation to cover the “rationale for non-disclosure and no review across the piece” and to focus on the trust’s response. 

The NW region told  HSJ  last week that it was agreeing the review’s terms of reference and looking to find an organisation to lead the review. 

The trust did, however, inform the Information Commissioner’s Office and the CQC at the time of the breach.

The CQC has since sought more information over duty of candour and said it would support the investigation when asked for an update. 

A UHLG spokesman said: “We recognise the importance of both local and system-wide learning from this incident and we will support NHS England’s planned independent investigation.”