Trust apologises over handling of sexual harassment complaint

Oliver Shanley, interim chief executive at North East London Foundation Trust, last week said Michelle Russell did not receive a “clear and defined outcome” to her complaint — made more than four years ago — until recently.

He told HSJ: “The trust engaged with key stakeholders, including NHS England and Improvement, to address the shortcomings in the processes, as well as appointing external independent investigators. We are now in the process of implementing the recommendations and key learning.

“Following a formal investigation and hearing process, Michelle’s complaints have been upheld and appropriate disciplinary action has been taken.”

Ms Russell has been away from work since she said she had first raised concerns in July 2015. She said the perpetrator started harassing her, which involved including inviting her out and asking for her phone number, before allegedly sexually assaulting her that summer. His name is not public.

NELFT subsequently launched an internal investigation, but Ms Russell lodged an appeal over how this was handled. The trust then started an internal review into its own processes, before a fresh probe was ordered into the original complaint.

That new investigation concluded in February this year and led to NELFT chair Joseph Fielder apologising to both Ms Russell and her family for the “inadequacies in the process, the delays in the investigations and the distress [the situation] caused”, according to Professor Shanley, who took over as chief executive in July this year.

It is unclear what disciplinary action has been taken specifically, what recommendations were made, and which ones NELFT are implementing.

Ms Russell, a specialist nurse, also saw her registration with the Nursing and Midwifery Council lapse in October 2018 because, while not working, she was unable to fulfil the revalidation requirements.

Both NELFT and Emma Broadbent, director of registration and revalidation at NMC, told HSJ they had worked with Ms Russell to get her back on the register. She was re-registered on Wednesday after more than a year off it.

HSJ understands Ms Russell is still currently off work, but Professor Shanley has said the trust is “committed” in supporting her return to work.

Henrietta Hughes, the national guardian for the NHS, whose role includes supporting staff who voice concerns, said: “The fact [Ms Russell] has now received an apology and is back on the register again speaks volumes about her perseverance, but it also points to the fact we must never give up on changing the cultural and systemic issues that prevented Michelle getting to that point so much sooner.

“I know Michelle has fought hard and she has not always been fairly treated. But despite that she has never lost sight of the fact that, in addition to her personal situation being addressed, she also wanted steps to be taken so similar circumstances could never befall a colleague again.”

NHSE/I have not formally responded to HSJ’s requests for comment.

The ordeal

Speaking about the situation on the BBC’s Victoria Derbyshire programme in November 2017, Ms Russell said: “I froze. I totally froze. I could probably stand up when that is somebody else, and [when] that is happening under my nose to somebody else I know I would stand up, but, for whatever reason, I froze.

“Talking about power, I know that was a green light to that man. I told my manager that I was feeling uncomfortable and it progressed to a sexual assault.”

Ms Russell caught the attention of Ruth May, the chief nurse of England, when she protested outside Parliament about her case in January 2018. She also spoke about her case outside a Royal College of Nursing emergency general meeting in the same year.

NHSE/I later advised NELFT on the appointment of its independent investigator into how it handled the original concerns. In July 2018, it concluded there should be a new probe into the original complaint lodged by Ms Russell.

UPDATE: This story has been updated to reflect that the trust’s investigation was into a complaint of sexual harassment, not sexual assault.