HC Deb 11 January 2001 vol 360 cc597-8W
Mr. Dismore

To ask the Secretary of State for Health if he will make a statement on the implications for his Department of the case of Gogayv. Hertfordshire county council. [144740]

Mr. Hutton

This case concerns a care worker in a children's home run by a local authority who was suspended from duty when the local authority began an investigation into child protection concerns. The judgment makes it clear that, in such circumstances, a local authority must consider its obligation not to act in a way which seriously damages the relationship of confidence

Destination of discharge by mouth for patients resident in Southampton and South West Hampshire Health Authority NHS Hospitals, England 1998–99
Discharge destination April May June July August September October
19 Usual residence 8,973 8,708 9,545 10,022 8,923 9,437 9,781
29 Temporary residence 30 26 27 40 44 43 39
39 Prison etc. 2 3 3 3 2 1 2
49 Special hospital 2 2 6 4 1 5 7
51 NHS provider—general ward 246 258 265 298 281 269 227
52 NHS provide—maternity ward 15 18 9 9 12 22 26
53 NHS provider—MH/MI 9 9 10 17 20 13 9
54 NHS nursing home 8 11 7 6 5 7 5
65 Local Authority Part 3 residential accommodation 0 0 0 0 0 1 1
69 LA home or care (old coding) 7 6 2 5 12 7 8
79 Patient died or stillbirth 251 257 257 226 218 211 255
85 Non-NHS (not Local A) run residential care nursing home 4 6 9 14 3 7 11
86 Non-NHS (not Local Authority) run nursing home 14 18 22 18 16 20 13
87 Non-NHS run hospital 4 9 9 6 5 8 12
88 Non-NHS (other than Local Authority) run Hospice 2 2 2 3 2 2 0
89 Non-NHS institution (old coding) 47 35 42 39 27 31 27
Not applicable (ie not discharged) 0 0 1 0 0 0 0
Not known: a validation error 61 37 51 48 54 52 52
Total 9,675 9,405 10,267 10,758 9,625 10,136 10,475

Discharge destination November December January February March Total
19 Usual residence 9,534 9,072 9,237 9,257 10,928 113,417
29 Temporary residence 30 59 47 44 30 459
39 Prison etc. 0 4 0 0 3 23
49 Special hospital 2 3 2 5 2 41
51 NHS provider—general ward 255 234 265 237 289 3,124
52 NHS provide—maternity ward 9 11 16 14 11 172
53 NHS provider—MH/MI 13 15 22 22 13 172
54 NHS nursing home 7 6 5 7 12 86
65 Local Authority Part 3 residential accommodation 1 1 2 3 0 9
69 LA home or care (old coding) 3 5 9 13 4 81
79 Patient died or stillbirth 212 250 353 262 276 3,028
85 Non-NHS (not Local A) run residential care nursing home 8 5 9 12 6 94
86 Non-NHS (not Local Authority) run nursing home 21 30 29 29 37 267
87 Non-NHS run hospital 6 15 3 3 8 88

between the authority and one of its employees, unless there is reasonable and proper cause to do so. As the judgment said, the employee is entitled to something better than a knee jerk reaction which occurred in this case.

Local authorities need to ensure that the action that they take in relation to employees involved in allegations of abuse are appropriate in the circumstances. As the judgment makes clear, however, local authorities must in no way feel inhibited in making the inquiries that they consider appropriate to safeguard children in their care and, if there is a conflict between the interests of the child and the interests of the employee, the interests of the child should prevail.