Parliamentary activity

Answering body: Department of Health and Social Care

My Hon Friend the Parliamentary Under Secretary of State (Minister for Patient Safety and Primary Care) (Maria Caulfield) has made the following Written Statement:

Following earlier statements by Department of Health and Social Care Ministers, I would like to inform the House that the Independent Inquiry into the issues raised by the David Fuller case has today published a progress update on its work to date. This can be found at: https://fuller.independent-inquiry.uk/announcements/

The progress update sets out the transition from a local, independent investigation initiated by the Maidstone and Tunbridge Wells NHS Trust to the current Independent Inquiry that the Secretary of State for Health and Social Care announced in November of last year. It describes how the work already undertaken as part of the independent investigation is feeding into the inquiry; as well as the important common themes that emerged from families / other interested parties which gave rise to amendments to the inquiry’s Terms of Reference. The Independent Inquiry published its final Terms of Reference on 23 February 2022.

Although the local investigation was constrained from taking evidence while the criminal prosecution of David Fuller was underway, Sir Jonathan Michael does set out some urgent, high-level themes and areas of concern arising from the investigation at the time in his progress update:

Responsibilities between NHS Trusts and contractors / subcontractors.

Security and access.

Policies and procedures versus practice.

Oversight of regulated activities.

Management of areas and services not covered by regulation.

These themes had been shared with the Trust in August 2021 and subsequently with NHS England and NHS Improvement. The Trust has been putting its own steps in place regarding its mortuary practices ahead of the substantive, initial report of the Inquiry. NHS England and NHS Improvement has continued to work with Trusts to provide assurances against current guidance from the Human Tissue Authority (HTA), and on the additional measures that have been taken to improve the effectiveness of security in place for all their mortuaries and post-mortem activities.

The progress update makes clear that the first phase of the Independent Inquiry is firmly underway and describes the rapid progress that it has so far achieved. Also, from the inquiry’s engagement with witnesses so far, it has experienced a high degree of co-operation and expects this to continue. Both are testament to the hard work of Sir Jonathan and his team.

The progress update also sets out the next steps, including a revised timing for the initial report on matters relating to Maidstone and Tunbridge Wells NHS Trust. Due to the volume of evidence that is emerging, the initial report will now be available later this year. This will be followed by a final report next year, looking at the broader national picture and the wider lessons for the NHS and for other settings. Whilst there is real urgency in understanding how Fuller was able to carry out his shocking and unlawful actions, and why these went unnoticed, the Inquiry must be allowed the time it needs to fully consider all of the relevant evidence and assemble its findings. The Inquiry continues to liaise with Kent Police to ensure that if it identifies possible criminal conduct, this is referred swiftly for further investigation, in line with its Terms of Reference.

The HTA was asked by the Secretary of State to provide advice on its regulatory framework following the conclusion of the murder trial of David Fuller and the public revelation of his sexual offending against bodies in a hospital mortuary at Maidstone and Tunbridge Wells NHS Trust.

The HTA advice, received in December 2021, along with a short progress update, has been published today. Both can be found at https://www.hta.gov.uk/news/december-2021-advice-published

The HTA has focused on three areas since December 2021; preparation for the Inquiry, working with stakeholders on licensed mortuary security, and starting the revision of HTA guidance for licensed mortuaries in the post-mortem sector, with implementation planned later this year.

Further details will be available on GOV.UK via the following link which will ‘go live’ from noon today.

https://www.gov.uk/government/news/the-fuller-inquiry-update-to-the-secretary-of-state-19-may-2022

Answering body: Department of Health and Social Care

My Hon Friend the Parliamentary Under Secretary of State (Minister for Patient Safety and Primary Care) (Maria Caulfield) has made the following Written Statement:

It is normal practice, when a government department proposes to undertake a contingent liability in excess of £300,000 for which there is no specific statutory authority, for the Minister concerned to present a Departmental Minute to Parliament giving particulars of the liability created and explaining the circumstances; and to refrain from incurring the liability until fourteen sitting days after the issue of the Minute, except in cases of special urgency.

I have today laid a Departmental Minute proposing to provide an indemnity that is required urgently in respect of a Department of Health and Social Care established non-statutory, independent inquiry into the circumstances surrounding the offences committed by David Fuller (‘DF’) at the Maidstone and Tunbridge Wells NHS Trust, and their national implications.

The Inquiry will be split into two phases:

an initial report, on matters relating to Maidstone and Tunbridge Wells NHS Trust, reporting by the middle of 2022, and

a final report, looking at the broader national picture and the wider lessons for the NHS and for other settings, reporting by the middle of 2023.

It will review DF’s unlawful actions, how he was able to carry these out, why his actions went apparently unnoticed, and will make recommendations with the aim of preventing anything similar happening again. We expect the Inquiry to publish a progress update as soon as possible after Easter recess.

In November 2021, the Secretary of State for Health and Social Care announced the Inquiry (Volume 703, 8 January 2021) to be chaired by Sir Jonathan Michael. The Department of Health and Social Care will indemnify the Inquiry insofar that the Chair or any other member of the Inquiry who has acted honestly and in good faith will not have to meet out of his or her personal resources any personal civil liability, including costs, which is incurred in the execution or the purported execution of his or her Inquiry functions, save where the Inquiry member has acted recklessly. This indemnity will cover the entire duration of the Inquiry’s work, from November 2021 until when the Inquiry submits its final report, expected in 2023, and for an unlimited period after that date. However, we believe there is a low risk of the indemnity being called upon beyond five years of the Inquiry having reported. There will be no cap placed upon the indemnity, so the maximum exposure is strictly unlimited. However, any losses are not expected to exceed a value of £3 million based upon the best estimate currently available at this stage of the Inquiry’s work. If the liability is called, provision for any payment will be sought through the normal Supply procedure.

The Treasury has approved the proposal in principle which mirrors the standard indemnity for board members described in Managing Public Money. If, during the period of fourteen Parliamentary sitting days beginning on the date on which this Minute was laid before Parliament, a member signifies an objection by giving notice of a Parliamentary Question or by otherwise raising the matter in Parliament, final approval to proceed with incurring the liability will be withheld pending an examination of the objection. The indemnity is expected to come into force on 26 April 2022, subject to the approval of Parliament on this basis.

Copies of the Departmental Minute have been laid in both Houses.

Answering body: Department of Health and Social Care

My Hon Friend the Parliamentary Under Secretary of State (Minister for Patient Safety and Primary Care) (Maria Caulfield) has made the following Written Statement:

Following my statement on 16 December 2021 I wish to update the House about the independent Inquiry which is investigating the circumstances surrounding the offences committed by David Fuller at Maidstone and Tunbridge Wells NHS Trust. The Inquiry will help us understand how these offences took place without detection, identify any areas where swift action is necessary and consider wider national issues, including for the NHS.

Sir Jonathan Michael, who chairs the independent Inquiry, developed draft terms of reference in January 2022 which set out the scope of the Inquiry. He has since sought the views of affected families on the draft terms of reference.

The Inquiry has today, 23 February 2022 published its final Terms of Reference which can be found at https://fuller.independent-inquiry.uk/terms-of-reference/. I have placed a copy of the Inquiry’s Terms of Reference in the Libraries of both Houses.

Answering body: Department of Health and Social Care

My Hon Friend the Parliamentary Under Secretary of State (Minister for Patient Safety and Primary Care) (Maria Caulfield) has made the following statement:

Yesterday, David Fuller was sentenced at Maidstone Crown Court for the murders of Wendy Knell and Caroline Pierce, as well as over 100 sexual offences in a mortuary, and several other sexual offences.

This is a profoundly distressing case and I would like to reiterate my apologies to the friends and families of all of David Fuller’s victims. While nothing can undo the damage that has been done, he has been brought to justice for his crimes.

I would like to provide an update on the steps we are taking to ensure something like this never happens again.

Firstly, all NHS Trusts have undertaken risk assessments on their mortuary and body store facilities and assured their practices against existing Human Tissue Authority guidance. NHS England and Improvement is working with all trusts to ensure that the additional steps already requested are in place early in the New Year, if they have not already been delivered.

Secondly, we have made good progress in establishing the independent inquiry chaired by Sir Jonathan Michael to look into the circumstances surrounding the offences committed at the hospital. It will help us understand how these offences took place without detection, identify any areas where swift action is necessary and consider wider national issues, including for the NHS. Sir Jonathan has developed draft terms of reference and will seek views on these from families who have been affected in the new year before they are published.

Next, Ministers have received initial advice from the Human Tissue Authority and they will be reviewing this carefully.

Finally, families have quite understandably approached the Trust seeking compensation. I have asked NHS Resolution to work with the Trust and engage on plans for providing settlements. More details will be set out on this soon.