§ Mr. Geoffrey RobinsonTo ask the Secretary of State for Health (1) what guidelines are in place to ensure that disciplinary investigations within NHS trusts are independent; [137371]
581W(2) what scrutiny is undertaken to ensure that (a) disciplinary investigations within NHS trusts are independent and (b) investigatory panels make undisputed conclusions. [137372]
§ Mr. Hutton[holding answer 12 November 2003]National health service trusts are free to employ staff under such terms as they see fit (section 16, NHS and Community Care Act 1990). Trusts are also responsible for the establishment of their own local disciplinary procedures for medical and dental staff. In the 1990s, many trusts developed new procedures often based on the procedures set out in circulars HC(90)9 and HSG(94)49.
The Department has been working closely with the British Medical Association to develop a new national framework. Trusts will be required to ensure that their local procedures adhere to the principles and procedures set out in the framework.
§ Mr. Geoffrey RobinsonTo ask the Secretary of State for Health what steps he is taking to ensure that, in contentious disciplinary cases, evidence submitted to an investigation is not(a) altered and (b) summarised. [137373]
§ Mr. Hutton[holding answer 12 November 2003]All disciplinary issues are a matter for the employing national health service trust, which must ensure that their procedures comply with employment law. The Department is currently working with the British Medical Association to introduce a new national framework for hospital doctors and dentists. Serious cases should be referred to the General Medical Council or the General Dental Council.