Proposals to avoid public misconduct hearings for nurses and midwives are part of a “pattern of moves to limit the public’s right to know about NHS safety problems”, says the Campaign for Freedom of Information.
The Campaign says that a new proposal by the Nursing and Midwifery Council (NMC) to do away with most public fitness to practise hearings echoes government proposals to keep evidence about safety incidents secret.
Under the NMC proposals, where a nurse or midwife admits to having made an error, the matter will be dealt with in private without the public hearing that now takes place . Reasons for any decision will be published, but there will apparently be no published transcript. “The risk is that failings at a hospital – or by the NMC itself – will be obscured, undermining public confidence in the NHS” the Campaign says.
The same philosophy underpins Department of Health proposals for a new body to investigate significant NHS safety incidents . The Health Service Safety Investigation Body would report on its investigations but be prohibited from revealing unpublished information in response to freedom of information (FOI) requests. The Department says this would allow staff to speak freely to investigators without fear of being unfairly blamed. But the Campaign’s director Maurice Frankel said: “the secrecy would not be limited to information provided by staff involved in safety incidents. It would apply to any information from any source obtained during an investigation, including information from the NHS trust itself, independent experts or a drug or medical device manufacturer. Even test results on equipment or anonymised accounts of previous incidents would be kept secret indefinitely.”
Only limited disclosures would be allowed, for example, to the police, regulatory bodies or other NHS bodies. Journalists or campaign groups would have to persuade the High Court to order disclosure of information which is currently available under FOI.
The Campaign says “the NMC proposals reflect the same disturbing philosophy: that patient safety is best served by addressing problems in private.”
 The new NMC strategy is set out in a draft consultation paper to be discussed by the NMC board on 28 March 2018
 ‘Draft Health Service Safety Investigations Bill’ published by the Department of Health in September 2017