LAWYERS WARN OF MORE VICTIMS IN NHS LOTHIAN AUDIOLOGY CASE
Lawyers supporting victims of the NHS Lothian hearing service scandal have warned that the number of children affected could be far greater than those identified in the independent report.
An audit of the health board’s audiology services found significant concerns in 155 of the 1007 patients treated between 2009 and 2018, which led to some children being identified with hearing loss years later than when first tested.
However, it has now emerged that THOUSANDS of children could be affected as lawyers highlight the 1,007 patients analysed in the audit was just a “sample” of those tested during the 9-year period.
Grace Smith, Associate at global law firm PGMBM, who are supporting parents affected by the scandal, said: “Whilst the audit highlighted those 155 children who were significantly affected by the failures at NHS Lothian, it is clear that the real number of families affected is much higher.
“The audit was performed on a sample of just over 1000 patients that were treated at NHS Lothian between 2009 and 2018. Within that 9-year period there were far more children through the doors of the Paediatric Audiology Service. The patient case load for this time frame was 22,900.
“The audit found concerns with 88% of the records within the sample. If that same percentage is applied to the full patient caseload across that time period, then the number of families affected by the report, delays and misdiagnosis could run into five figures. We know that there are children who were not included in the audit sample who have been affected by the failings highlighted in the audit report. ”
PGMBM are representing a parent whose child was not included in the audit sample – but experienced significant and serious delays in diagnosis.
Grace added:. “One of the families we are representing was seen by NHS Lothian’s Audiology Service several times from 2019 after their child failed a hearing test at birth.
“Despite repeatedly raising concerns about their child’s hearing, they were dismissed again and again and told that their child’s hearing was normal. However, at almost three years old, an external second opinion diagnosed their child with severe hearing loss. This significant delay in diagnoses happened at a key developmental stage for their child.
“There are clearly more people affected than were reviewed in the audit sample. We would appeal to anyone worried to get in touch with either NHS Lothian or ourselves and we can look at ways to support you.”
The British Academy of Audiology report found systemic failings which led to babies and children undiagnosed or experiencing significant delays in diagnosis and treatment.
It was found that there were a series of serious issues particularly within the under-five age group of the Paediatric Audiology service. The root causes of these failures were found to be a lack of scientific leadership, knowledge, reflection and enquiry in the presence of a lack of routine and robust quality assurance process.
The report found that staff were not following professional standards, training was almost exclusively in-house and insufficient, testing was not carried out correctly and there was no evidence of consistent management protocol or structure for children after results of tests. As such children who presented with similar test results and histories were being managed in different and contrasting ways. It also found that parents concerns were often dismissed.
NHS Lothian apologised following the report which was published last December.
Anyone who thinks they might be affected by the issues identified in the audit and would like more information can speak to PGMBM lawyers at:
In a damning report from the Foreign Affairs Committee, MPs say the Foreign Office, the National Security Advisor and Ministers must accept responsibility for the failure to prepare or respond, abandoning the UK’s allies and damaging the UK’s interests.
Missing in action: UK leadership and the withdrawal from Afghanistan is the result of the Foreign Affairs Committee’s inquiry into government policy towards the country. The Committee considered the role of the Foreign Office in the run up to withdrawal, during the evacuation effort, and in leading engagement with the new regime in the following months.
They heard from senior officials; met with Afghans who were evacuated; surveyed MPs’ offices on their efforts to help Afghans; and received written, often sensitive, evidence from a wide range of stakeholders including two Foreign Office whistleblowers.
The MPs’ inquiry found that important policy decisions were made through informal, unaccountable means. Senior officials believed that the Prime Minister played a greater role in some decisions than has been admitted.
The Committee was not offered a plausible alternative explanation.
More seriously, the FCDO provided answers that were intentionally evasive and often deliberately misleading. Government officials should not be expected to obscure the facts to shield others from political accountability.
Today’s report refers to the ‘appalling mismanagement of the crisis’ and the misleading statements to Parliament which followed.
Those who lead the Foreign Office should be ashamed that civil servants of great integrity felt compelled to risk their careers to bring the situation to light, says the report. It is the responsibility of the Permanent Under-Secretary to ensure the system operates effectively, leading the Committee to conclude that he no longer has their confidence and should consider his position.
The UK Government must commit to a serious strategy for future engagement with Afghanistan. The failure to do so would abandon women and girls in the single biggest reversal of rights in a generation.
Today’s report calls on the Government to re-establish a diplomatic presence in Afghanistan as soon as it is safe to do so, and to work with those on the ground who can support civil society.
Attempts to isolate the new regime entirely may only hurt the Afghan people and leave a vacuum to be filled by China. The report argues that humanitarian aid alone will not be enough to avert catastrophe and that the UK should aim to resume development aid when possible, placing Afghan women at the heart of its policy towards the country.
The Chair of the Foreign Affairs Committee, Tom Tugendhat MP, said: ““The UK’s part in this tragedy exposes a lack of seriousness in achieving co-ordination, a lack of clear decision-making, a lack of leadership and a lack of accountability.
“At a time when we face critical foreign policy challenges, and the risks to our lives and economy are so serious, including from the current energy and inflation pressures, our diplomacy and security cannot be so confused and unstructured. Unity of purpose, clarity and coordination require serious intent and consistent political leadership.
“The timeline of misery exposed by this report reveals serious systemic failures at the heart of the UK’s foreign policy. The absence of the FCDO’s top leadership – ministerial and official – when Kabul fell is a grave indictment on those supposedly in charge.
“While junior officials demonstrated courage and integrity, chaotic and arbitrary decision-making runs through this inquiry. Sadly, it may have cost many people the chance to leave Afghanistan, putting lives in danger. The integrity of the Civil Service depends on those leading these organisations showing the courage to tell the truth to the British people.
“There are many heroes in this story who worked under enormous pressures. The military and civilian personnel on the ground in Afghanistan, and many in the FCDO itself, during the evacuation and those who helped from afar deserve our thanks.
“Now, Afghanistan faces a terrible humanitarian crisis with 23 million people at risk of starvation and the rights of women and girls have faced their greatest reversal in a generation. All this while the threat from extremism has grown.
“We need a serious rethink in the heart of the UK Government to combine diplomacy, aid and trade in a concerted and strategic approach to future policy towards Afghanistan.”
Suzanne Tanner makes FIFTY recommendations for improvement
The findings of an independent review into the whistleblowing and wider organisational culture at the City of Edinburgh Council have been published.
The review was commissioned by councillors in October 2020, with Susanne Tanner QC appointed as independent chair. As with the inquiry into the conduct of the late Sean Bell, published last month, she has been assisted throughout by well-respected law firm, Pinsent Masons.
In her report, which councillors will consider at a meeting next Thursday (16 December), Ms Tanner QC highlights ‘considerable strides’ taken to improve the Council’s whistleblowing and organisational culture since 2014 but also finds that significant work remains to be done, setting out 50 recommendations for further improvements and positive change.
If accepted by councillors next week, Ms Tanner QC’s findings will form the basis of an action plan to be drawn up by the Chief Executive for consideration by councillors in February 2022.
The fifty recommendations are:
Chief Executive Andrew Kerr said: “I want to thank all those who took the time to contribute to the independent review. I know that, for some, this will have been extremely challenging, based on what they have been through, and I want to pay tribute to their courage in coming forward.
“I also want to thank Ms Tanner QC and the team at Pinsent Masons for their forensic approach to their work and the sensitivity and care with which they treated contributors.”
Council Leader Cllr Adam McVey said: “We owe it to our colleagues and to the public to continue to drive improvements and make sure the culture of the Council is the best it possibly can be.
“I’m grateful to the independent review team for outlining points that need further work and for setting out strong and thorough recommendations on how to sustain the positive path the Council is on. The report highlights the significant progress and improvements made to the Council’s whistleblowing culture in recent years and this should give all of us encouragement that further improvement can be achieved.
“It will take a lot of work to implement these independent, robust and constructive recommendations, but I’m confident these will be adopted in full by Councillors and delivered by the Chief Executive and wider management team to make sure the Council is in the very best position it can be to support our colleagues and deliver the best services for the people of Edinburgh.”
Depute Leader Cllr Cammy Day said: “It was crucial that our colleagues – both past and present – and others with a connection to the Council, felt empowered to come forward and share their views and we went to great lengths to ensure they were aware of the process and how to get involved.
“This resulted in a greater than expected response to Ms Tanner’s call for evidence and, ultimately, supported what is a detailed and thorough examination of our culture.
“We will now carefully consider the findings and recommendations and agree an action plan for how best to take these forward.”
An extensive expert review has found failings in the standard of hearing tests carried out for children in NHS Lothian’s Paediatric Audiology service.
The review, conducted independently by the British Academy of Audiology (BAA), identifies significant concerns about hearing tests that were not carried out to the required professional standard, with consequences for children and their families. In some cases, diagnosis of hearing loss or impairment may have been missed or delayed.
Early identification of hearing loss or impairment from birth is important because the earlier it is picked up, the more successfully it can be treated with hearing aids or cochlear implants and the better the outcomes for the child.
Tracey Gillies, Medical Director NHS Lothian said; “We are very sorry and saddened to learn that there are some children whose conditions were not diagnosed correctly, or as early as possible, as a result of testing that was not up to standard.
“Due to these failings, the diagnosis of hearing loss or impairment in six children was missed. Diagnosis of a further six children was significantly delayed with long term consequences for these children. Their long-term development of speech and language will be affected and these children will require specialist support.”
Ms Gillies continued “Delayed diagnosis of hearing loss in a further 48 children is also likely to have resulted in some harm, though the longer-term impact of this will depend on the individual circumstances of each child. Some children may require to be retested.
“We have already written to the most severely-affected families individually to offer support and a face-to-face meeting to discuss their child’s condition. We have also arranged appointments for those children whom the review recommends should be tested again.
“In addition, measures have been put in place to identify young children currently in the system whose cases may require clinical review. If any concerns are found, the families will be contacted immediately.
“We apologise sincerely to all affected children and their families for these failings and for the worry and distress caused. We would encourage families who may have concerns to contact our helpline for information on 0131 465 5457. Lines will be open on Monday to Friday from 9am to 4pm.
“We have been engaging closely with the National Deaf Children’s Society and would like to thank them for the support they are able to provide families via their own helpline, which can be contacted on 0808 800 8880.”
NHS Lothian commissioned the full, external review of the service following criticism in May about the diagnosis and care of a child with hearing difficulties. The review is part of the Health Board’s response to the recommendations made by the Scottish Public Services Ombudsman who investigated that case.
Other actions already taken include the appointment of an additional senior expert to provide support in Paediatric Audiology, a comprehensive training programme for service staff and support from NHS Ayrshire and Arran and NHS Greater Glasgow and Clyde with testing in the interim.
The review consisted of an audit of cases from 2009 -2018, an appraisal of the clinical governance structures in place as well as a week’s residential visit by external experts to observe working practices in the service.
NHS Lothian Chief Executive, Calum Campbell said: “The thoroughness of the review reflects our determination to improve the service and outcomes for the children in our care.
“We note that the report was positive about some aspects of the care of the audiology team who are committed to working hard to improve the quality of testing provided by the service.
“A number of improvements have already been made and a detailed action plan has been developed to implement all the recommendations of the BAA in full.
“We continue to work closely with the BAA and would like to thank them for their diligence and support in conducting the review.
“I apologise to the affected families and give them my assurance that lessons have been learned and that the recommendations from the review are being implemented in full.”
The National Deaf Children’s Society has called for a sweeping review of children’s audiology services in Scotland after almost a decade of failures by NHS Lothian.
At least 887 children are known to have been affected during the nine-year period, 155 significantly, but the actual number could potentially include thousands more and the problems have continued.
The charity has spoken out after a new report, published yesterday, uncovered repeated mistakes by NHS Lothian’s audiology service, with at least 100 deaf children among those affected.
The report reveals cases of deaf children being wrongly deprived of crucial technology, incorrectly discharged or identified years later than they should have been. Some have been left with life-changing consequences as a result.
In response, the charity has today written to the Cabinet Secretary for Health and Social Care, Humza Yousaf MSP. The letter calls for an assurance that such catastrophic errors will never happen again and asks for urgent Government action to improve audiology services across the country.
The failures were revealed in a new audit report, carried out by the British Academy of Audiology to examine NHS Lothian’s children’s audiology caseload of 22,900 from 2009-2018.
It sampled 1,007 cases and found there were concerns about assessment and care in 887 of them (88%). Of those, 155 had “significant concerns”.
The specific findings of the report include:
The average age of children identified as deaf under NHS Lothian was 1,653 days (4.53 years old), compared to 109 days in England. The report says this appeared to have gone “unreported and un-noticed.”
12 children were eligible for cochlear implantation, but this was significantly delayed, to the extent where some missed out on getting them altogether.
There was no evidence that nine of the children were offered a hearing aid, even though it would likely have helped them.
49 children had a delayed identification of hearing loss or the fitting of their hearing aid was delayed.
30 were not offered the right hearing aids.
The remainder of the 155 were wrongly discharged or mismanaged.
As a result, the National Deaf Children’s Society is calling for a review of children’s audiology services across Scotland. It wants to see the Scottish Government introduce national leadership for services, robust data collection and a mandatory program setting out clear standards for care.
Without urgent action, the charity says there’s a real danger that many more deaf children risk not getting the quality of care they need.
Locally, it wants NHS Lothian to commit to following the recommendations made by the report, review its past caseload to avoid repeating the same mistakes and announce a clear plan on how it will catch up and deliver for deaf children and their families.
The charity is also strongly advising all affected families to seek independent specialist legal advice. It is already offering support to families affected and says that anyone who is worried about the report should contact its helpline.
Susan Daniels, Chief Executive at the National Deaf Children’s Society, said:“The horrendous findings in this report represent a real-life nightmare for the families involved.
“They placed their trust in a service that was supposed to help, only to be completely let down. Some will be left with life-changing consequences, while many others across Scotland will now be facing the very real fear that the same thing could happen to them.
“Early identification and the right care are vital in helping deaf children develop language and communication at a crucial age, so this must never be allowed to happen again.
“This means we need urgent action from the Scottish Government, starting with a thorough review of children’s audiology services across the country. Until we have national leadership, better data collection and mandatory standards that services must comply with, thousands more deaf children could be at risk and families won’t be able to rest.
“We’re already in touch with several families affected and we’ve provided them with support and guidance. Anyone else who’s been affected, or feels worried about this issue, can contact our helpline or visit our website at www.ndcs.org.uk.”
Lothian MSP, Miles Briggs said: ““These findings by the British Academy of Audiology are extremely concerning and families in NHS Lothian have been totally failed.
“It is crucial that all 36 recommendations for the paediatric audiology service are implemented as soon as possible.
“The average age for diagnosing hearing loss in NHS Lothian is far too late and measures must be put into place to ensure that children with hearing loss are diagnosed much sooner.
“I have written to the Health Secretary to request a meeting about why it takes four and half years in NHS Lothian for a child to be diagnosed with hearing loss, compared to 109 days in England.”
Regions and nations of the UK blueprint for how NOT to deliver the green jobs revolution, says GMB Union
GMB, the energy union, has said the UK must learn from its own energy and industrial policy failures if it is to set the standard at the COP26 summit in Glasgow.
The union’s call comes after Shadow Business Secretary Ed Miliband said Boris Johnson must take ‘personal responsibility’ for the talks.
Gary Smith, GMB General Secretary, said: “Climate justice and economic justice must go hand-in-hand -which means delivering the jobs transition to help reach net zero.
“But with the world coming to Glasgow, the UK isn’t any closer to this than it was in 2015.
“The regions and nations of the UK are a blueprint for how not to deliver the green jobs revolution. Look at Scotland and the broken promises of 28,000 offshore wind manufacturing jobs and “a Saudi Arabia of renewables”. Instead supply chains have been starved of work and investment.
“Despite this, our political class persist in playing fast and loose with the futures of energy workers, and with security of supply.
“This is not how you take working class people with you on a journey to net zero.
“The UK can’t set the standards at COP26 unless we start learning the lessons from our own failures on energy and industrial policy.”
