Reports & recommendations

85 recommendations, each with the government response on the record. Filter by government response or delivery status.

Recommendations (85)

1

Develop serious incident procedures

Recommendation

Serious Incident Procedures should be developed and put in place.

2

Trust devises incident procedure

Recommendation

In the event of a serious incident the Chief Executive and Trust Board shall devise a suitable Serious Incident Procedure similar to those already in place for major disasters and review it from time to time making any necessary alterations.

3

Regional office assesses procedure

Recommendation

When the procedure has been devised and prior to implementation the NHS Executive Regional Office shall assess its suitability and thereafter manage its performance, devising and instigating any necessary alterations from time to time.

4

Consider independent incident team

Recommendation

In devising a Serious Incident Procedure the Chief Executive and Trust Board shall consider the need for a serious incident team independent of the hospital.

5

Consider urgent professional counselling

Recommendation
In devising a Serious Incident Procedure the Chief Executive and Trust Board shall consider the need for urgent professional counselling: – A proportion of individuals within any group is always likely to require psychological support in the aftermath of disaster. …
6

Include bereavement experts in team

Recommendation

In devising a Serious Incident Procedure the Chief Executive and Trust Board shall take advice from and where necessary include within the serious incident team appropriate experts in bereavement, pathological reactions to bereavement and therapy.

7

Make trained staff available

Recommendation

The Chief Executive and Trust Board shall make available suitably trained staff for implementing the Serious Incident Procedure.

8

Inform staff of procedure in force

Recommendation

The Chief Executive and Trust Board shall inform all staff when a Serious Incident Procedure is in force.

9

Debrief and support staff

Recommendation

The Chief Executive and Trust Board shall ensure the proper debriefing and support of all staff associated with a serious incident.

10

Universities adopt compatible procedures

Recommendation

Universities and other public bodies shall adopt compatible procedures when acting in conjunction with an NHS serious incident.

11

Review records and develop audit trail

Recommendation

Records should be reviewed and updated and an audit trail should be developed and put in place.

12

Review and update medical records

Recommendation
The Chief Executive and the Trust Board shall review and update medical and pathology records to include, preferably on computer and cross-referenced, the following information: – name, medical record reference number and date of birth; – date, place of death …
13

University audit trail to clinical record

Recommendation

University records shall provide a confidential audit trail back to the clinical record.

14

University records track organ use

Recommendation

University records shall identify receipt, use, dispersal and ultimate disposal of any organ or sample.

15

Hospital records of organs and tissue

Recommendation

every hospital keep proper records (preferably computerised) as to the source, consent to retain, usage and disposal of organs and tissue;

16

Verify container before release

Recommendation

every authorisation for release of organs for burial or cremation must not be completed until the content of the container is confirmed and the form counter-signed;

17

Moratorium if records inadequate

Recommendation

a moratorium must be declared if records of organ retention are inadequate during which there should be an immediate cataloguing of organs retained;

18

Keep parents fully informed

Recommendation

parents must never again be drip-fed information but should be kept fully informed.

19

Utmost good faith, universities and trusts

Recommendation

Whatever the underlying contractual position, the relationship between Universities and Trusts, in respect of individuals and departments with dual clinical and academic functions, shall be one of the utmost good faith in both directions.

20

Duty to disclose substantial matters

Recommendation

The duty of utmost good faith shall require either party to disclose to the other any substantial matter relating to the performance of the individual or department, whether clinical or academic.

21

Resolve doubt in favour of disclosure

Recommendation

Where there is any doubt as to whether a matter is of a substantial nature, if it relates to patient care the doubt shall always be resolved in favour of disclosure.

22

Fair representation in clinical academic posts

Recommendation

The appointment of clinical academics shall be approached with fair representation on each side reflecting the proposed split between clinical and academic sessions.

23

Truly external advisers

Recommendation
The appointment of external advisors shall be approached on the basis that they are truly external, if not strictly independent in a legal sense. There is no point having external advisers as ‘window dressing’ for a fixed internal view. Where …
24

Joint job description for clinical academics

Recommendation

A single job description for clinical academics shall be drawn up jointly to represent a fair and realistic expectation of the work envisaged by both parties.

25

Joint disciplinary procedure

Recommendation

There shall be a joint procedure for disciplinary action against an individual perceived to be failing. It shall contain provision for immediate suspension from patient care as a minimum, irrespective of academic requirements and positions.

26

Formal joint annual appraisal

Recommendation
There shall be formal annual appraisal of an individual by both parties. They shall share their information in line with the duty of utmost good faith in order to draw up a joint statement of aims in the following 12 …
27

Disagreement and patient care

Recommendation
Where there is disagreement each party shall reconsider bearing in mind that patient care is of paramount importance. In the event of continued disagreement an arbitrator may be appointed, but in any case the Trust shall take immediate steps to …
28

Good faith with funding bodies

Recommendation

The relationship between Universities and funding bodies shall be of the utmost good faith and similar considerations shall apply.

29

Business plan for new ventures

Recommendation
Where a new venture, such as the establishment of a Chair or department, is contemplated, both parties where appropriate shall consider in detail the aims and resources available and draw up a realistic business plan before any final commitment is …
30

Performance manage new ventures

Recommendation

There shall be close performance management of any new venture in its early stages and appropriate steps taken to modify the business plan as required.

31

Treat substantial alterations as new

Recommendation

Any substantial alteration in an existing venture shall be treated as if a new venture.

32

Investigate failing individuals or departments

Recommendation
Where there is good reason to believe that an individual or department may be failing and affecting patient care, it shall be the duty of the Trust with the co-operation of the university, and if appropriate on a joint basis, …
33

Plan to resolve identified problems

Recommendation

Where problems are identified a plan, jointly where necessary, shall be drawn up to resolve them as soon as possible.

34

Report unresolved problems to regional office

Recommendation

If no solution is found after all diligent attempts, the parties should keep records of their attempts and the reasons why they have failed, such records to be lodged by way of report to the relevant NHS Executive Regional Office.

35

Clinical experience for managers

Recommendation

No clinician shall be appointed to a position of managerial authority in a hospital without having relevant clinical experience for the position.

36

Training before taking management control

Recommendation

No clinician should take effective control of a management position until trained in all necessary management techniques and in any relevant legal requirements.

37

Protect clinicians' time for patient care

Recommendation

No clinician shall be asked to take on responsibilities that impair the ability to carry out patient care to the appropriate standard.

38

Suitable calibre and training of managers

Recommendation

Hospital managers shall be of a suitable background and calibre for the role expected of them, provided with all necessary training (including continued education) and themselves regularly appraised for the quality of their performance.

39

Non-medical managers seek medical advice

Recommendation

Hospital managers without medical qualification shall seek medical advice on matters requiring it. If there is doubt as to the need for advice on any matter relating to patient care, the doubt shall be resolved by seeking advice.

40

Independent specialist advice if in doubt

Recommendation
While hospital managers will usually seek medical advice from the medical director or clinical directors in the first instance, if any substantial doubt remains they shall seek advice from independent specialist medical advisers or the Royal Colleges, whether directly or …
41

Instruct doctors on Coroner’s Act

Recommendation
The Department of Health, the Royal Colleges and medical schools shall instruct members of the medical profession in the precise terms and provisions of the Coroner’s Act 1988 and in particular the circumstances in which it is obligatory to report …
42

Information for next of kin

Recommendation
Clinicians shall give the following basic information to the next of kin when a Coroner’s post mortem examination is to be performed. – The nature of the examination, including the need to open the body and to remove and weigh …
43

Follow Chapter 10 on retention

Recommendation

Clinicians wishing to retain organs or samples after the end of the Coroner’s process for the purposes currently allowed under the Human Tissue Act 1961 shall follow the Recommendations in Chapter 10.

44

Do not raise Coroner unless reportable

Recommendation

Clinicians shall not mention to the next of kin the possibility of an examination under the Coroner’s jurisdiction unless the death is reportable to the Coroner.

45

No compulsion for hospital examination

Recommendation

Clinicians requesting a hospital post mortem examination after the Coroner has declined to authorise an examination shall make it clear to the next of kin that there is no compulsion remaining for such an examination.

46

Explain Coroner post mortem report

Recommendation

Clinicians shall explain the contents and implications of a Coroner’s post mortem report to the next of kin as if the examination had been carried out as a hospital post mortem examination on their own recommendation.

47

Coroners’ Society instructions

Recommendation
The Coroners’ Society shall instruct Coroners that: – in the proper exercise of their judicial discretion, the decision to order a post mortem examination is not to be delegated to Coroner’s Officers and Deputy Coroners must be available at all …
48

Medical education for Coroners

Recommendation

The Home Office and the Coroners’ Society shall ensure all necessary medical education for Coroners.

49

Training for Coroner’s Officers

Recommendation

The Home Office and the Coroners’ Society shall ensure all necessary training of Coroner’s Officers and ancillary staff.

50

Introduce Coroner to next of kin

Recommendation

Coroners shall be introduced, their function and procedures explained and the next of kin invited to express any specific concerns and requests.

51

Advice to next of kin on examination

Recommendation
If a decision is made to authorise a post mortem examination Coroners shall ensure that the next of kin are advised of: – the reasons for authorising the post mortem examination; – their right to ask the Coroner that the …
52

Reasons if examination not authorised

Recommendation

If a decision is made not to authorise a post mortem examination, Coroners shall notify the next of kin of that decision and give sufficient reasons for the decision.

53

Expeditious examination of samples

Recommendation

Coroners shall ensure the expeditious examination and recording of samples and organs.

54

Systems for final post mortem reports

Recommendation

Coroners shall establish efficient systems for securing final post mortem reports following histological examination.

55

Specify retained material in reports

Recommendation

Coroners shall ensure that all existing retained organs, tissue, blocks, slides, photographs and X-rays are specified within any preliminary and final post mortem reports.

56

Pathologists limit retention

Recommendation
The Royal College of Pathologists shall instruct all practising histopathologists that they shall not retain samples and organs beyond those reasonably incidental to establishing the cause of death unless there is also written consent properly obtained under the Human Tissue …
57

Instruct doctors on Human Tissue Act

Recommendation

The Department of Health, the Royal Colleges and medical schools shall instruct members of the medical profession in the precise terms and provisions of the Human Tissue Act 1961, on the basis of our analysis, and the need for strict compliance.

58

Amend Act for informed consent

Recommendation
The Human Tissue Act 1961 shall be amended to provide a test of fully informed consent for the lawful post mortem examination and retention of parts of the bodies of deceased persons. While we have concluded that there has been …
59

Define next of kin

Recommendation

The class of persons relevant to the obtaining of fully informed consent shall be defined as the ‘next of kin’.

60

Remove surviving relative class

Recommendation

The class of ‘any surviving relative’ shall no longer be relevant to post mortem examination.

61

Public health education programme

Recommendation

There shall be a programme of health education for the public relevant to the medical need for continued post mortem examination and access to organs and samples for therapeutic, educational and research purposes.

62

Training in informed consent

Recommendation

The Department of Health, the Royal Colleges and medical schools shall provide training for all those involved in obtaining fully informed consent.

63

Criminal penalty for breach

Recommendation

The Human Tissue Act 1961 shall be amended to impose a criminal penalty by way of fine for breach of its provisions in order to encourage future compliance.

64

Guidelines and disciplinary proceedings

Recommendation
Guidelines relating to the requirements of the Human Tissue Act 1961 and the obtaining of fully informed consent shall be drawn up and provision made for breach to result in disciplinary proceedings which could lead to suspension, dismissal or financial …
65

Consider financial remedy

Recommendation
The Human Rights Act 1998 makes provision for an effective remedy other than in criminal proceedings. If breaches of the Human Tissue Act 1961 amount to breaches of the Human Rights Act 1998 consideration shall be given to incorporating a …
66

Meeting and genetic counselling

Recommendation

Following examination of the retained organs or tissue, there should be a meeting between the clinician and parents and referral for genetic counselling or other specialist advice if appropriate.

67

Research possession and ethics approval

Recommendation
Once fully informed consent is obtained for research purposes, the researchers are entitled to remain in possession of the material retained while research continues. We recommend this extends to accessing archives and DNA analysis. All research remains subject to ethics …
68

Ethics committees supervise research

Recommendation

Local ethics committees be given a supervisory role to police approved research.

69

Explain circumstances of death

Recommendation

Explaining the circumstances of death, identifying when, where and who was present.

70

Meeting with those present at death

Recommendation

Arranging and attending a meeting for relatives with anyone who was present at the death if requested.

71

Meeting with treating clinician

Recommendation

Encouraging a meeting between relatives and the treating clinician to explain the clinical circumstances of death and if requested arranging and attending the meeting.

72

Explain reasons for post mortem

Recommendation

Ensuring that relatives have a full explanation of the reasons for post mortem examination including therapeutic, medical education and research.

73

Explain need for hospital consent

Recommendation

Explaining the need for consent to carry out a hospital post mortem examination (HPM) and the retention of organs.

74

Explain consent after Coroner examination

Recommendation

Explaining that consent is necessary for the retention of organs following a Coroner’s post mortem examination (CPM) and that the consent must be obtained before the CPM is undertaken.

75

Time and privacy to reflect

Recommendation

Ensuring relatives have sufficient time, privacy and support to reflect upon the request for consent to an HPM or the retention of organs following a CPM or an HPM.

76

Clinician attendance at examination

Recommendation

Ascertaining whether the clinician will attend post mortem examination.

77

Meetings with clinician and pathologist

Recommendation

Facilitating meetings between parents, clinician and pathologist as appropriate.

78

Record and share discussions

Recommendation

Noting discussions between relatives, clinicians and pathologists and providing a copy to each party involved.

79

Information packs for relatives

Recommendation

Developing and using information packs for relatives on all aspects of death in hospital.

80

Practical help for relatives

Recommendation
Assisting relatives in the following practical matters: – collecting the deceased’s personal belongings and arranging return to relatives; – ensuring provision of certificate of death and the formal notice; – explaining the procedure to register the death; – providing support …
81

Discuss counselling and support

Recommendation

Discussing counselling or long-term support needs with relatives, including the needs of wider family members and making contact with appropriate counselling/support agencies if requested.

82

Awareness of support resources

Recommendation

Ensuring that relatives are aware of the full range of counselling/support resources available including those external to the hospital and bringing these matters to the attention of the relatives.

83

Translation and accessibility services

Recommendation

Accessing translation/interpreting services including services for people with hearing or visual impairment and providing appropriate written/taped information.

84

Assist with other problems

Recommendation

Assisting with any other individual problem presented by relatives in consequence of death.

85

General liaison duties

Recommendation

Undertaking general liaison duties.