Themes and lessons learnt from NHS investigations into matters relating to Jimmy Savile

Government response: accepted in principle. In June 2015 NHS Employers published information which outlines the key considerations for employers when devising, implementing and reviewing local arrangements targeted at managing official visits on NHS premises. 41% of trusts (both NHS trusts and foundation trusts) have a dedicated policy in place. A further 55% committed to either develop a new policy or strengthen existing informal arrangements by September 2015. The remaining providers planned to implement later in 2015-16.

Government response: accepted in principle. 56% of NHS trusts & foundation trusts identified that they had arrangements and processes in place for the recruitment, checking and general employment of contract and agency staff. A further 30% expect to be compliant by end September 2015. The remaining trusts are in the process of implementing the recommendations through either reviews of their processes or formal internal audit of recruitment and employment practices.

Government response: accepted in principle. 68% of NHS trusts & foundation trusts indicated that they were compliant with this recommendation. A further 23% already had action plans, including timescales for implementation, in place, with plans for compliance by September 2015. The remaining organisations are in the process of implementing the recommendations through either reviews of their processes or formal internal audit of recruitment and employment practices.

Government response: accepted in principle. 38% of trusts confirmed that they considered their charitable policies robust enough to protect their brand/reputation in all circumstances. Of the remainder, an additional 42% indicated that they would use the recommendation to conduct reviews and identify the necessary actions with specific reference to the management of the Trust’s brand and reputation and association with any future major donors and celebrities by end September 2015. 11% committed to achieving this later as part of broader charity governance work. A small number of trusts (3%) indicated that their charitable connections are small and/or they do not have any dealings with celebrities or donors.

Government response: accepted in principle. Monitor, TDA, CQC and NHS England published a joint statement setting out their response to the Savile investigations and Kate Lampard’s Lessons Learnt report in February 2015. The refresh of the NHS England Accountability and Assurance Framework for safeguarding vulnerable people put in place the structure to ensure hospital trusts are compliant with the recommendations. NHS England has established Quality Surveillance groups (QSGs) on a regional and sub-regional level. These QSGs are the appropriate groups to monitor the recommendations following the Savile investigations as they have local commissioners and regulators as members and are able to assess risk and quality issues across the area, using intelligence from a variety of sources. NHS England will advise QSGs to familiarise themselves with these recommendations, and to request that CCGs, Monitor, the TDA and the CQC consider the recommendations when undertaking commissioning or regulatory visits in the provider Trusts within the QSG’s area.

Government response: accepted in principle. Monitor and TDA wrote to all NHS trusts and NHS foundation trusts in March to ask them to review their current practice against the recommendations and to develop an action plan in response. Trusts were asked to report back on their proposed actions within three months. All trusts have responded and set out the action they are taking in response to the recommendations. Monitor and TDA will consider how best to subsume the appropriate recommendations into the oversight framework for NHS trusts and NHS foundation trusts.

Government response: accepted in principle. 51% of providers confirmed that, having undertaken a review of their services, they had a fit for purpose procedure in place to manage the recruitment, development and training of their cohort of volunteers. A number of trusts identified that they require volunteers to follow similar on-boarding practices as employees, including Trust induction and training. The majority of remaining trusts had committed to or had started to undertake reviews of their services – with 39% committing to complete this by September, and the remainder of providers doing so after this.

Government response: accepted in principle. To help strengthen the volunteer service managers (VSM) network structure, NHS England will join the National Association of Volunteer Service Managers (NAVSM) which has existed for 47 years to support volunteer management in the NHS and healthcare. Working in partnership with NAVSM and other volunteer networks and organisations they will encourage further sharing of best practice in volunteer development, management and support as well as developing a quality assurance scheme for NHS Trusts and healthcare organisations. This will promote the importance of having well trained and resourced VSMs in all NHS Trusts and other NHS and healthcare organisations.

Government response: accepted in principle. Over half of trusts (51%) reported that appropriate safeguarding training, renewable on at least three yearly basis, is in place for both staff and volunteers. A further 35% of trusts have committed to put this training in place for both staff and volunteers by September, with the remainder planning to do so at a later date.

Government response: accepted in principle. 65% of trusts identified as already being compliant with this recommendation. A further 26% stated this will be completed by September, with the remainder planning to be compliant later in 2015-16.

Government response: accepted in principle. This reply had the greatest variety of responses from trusts, with providers relatively evenly split in their responses between those providers who either: have, or will, adopt DBS refresher checks every 3 years; are reviewing internally their processes; do not undertake regular DBS refresher checks; or were waiting for further guidance from NHS Employers (or the Department of Health) before making any amendments to their current policy. The NHS Employers website was updated in April 2015 to provide further clarity about the current requirements for employers. The guidance makes clear that there is no legal requirement for employers to undertake three yearly checks; but that the frequency period should remain determinable by any risks identified by employers at a local level as opposed to being prescribed at a national level. DH will continue to work with NHS Employers and NHS England in light of this recommendation to consider what more can be done to support employers to understand their legal duties.

Government response: accepted in principle. The DH already works with NHS Employers to ensure that employers are aware of their obligations in this area. NHS Employers already provide extensive information about duties for employers to make referrals to the DBS. DH will continue to work with NHS Employers and NHS England in light of trusts responses to this recommendation to consider what more can be done to support employers to understand their legal duties.

Government response: accepted in principle. 42% of Trusts said they had an internet usage policy in place, a further 38% said they would implement any necessary changes (generally adapting existing arrangements) by September with the remainder addressing this later. While trusts have controls over internet access via their own networks many trusts highlighted the difficulty of electronically policing internet access via personal networks. In these instances, trusts will rely on clearly worded policies for patients, visitors and staff/volunteers to highlight what is unacceptable in order to safeguard patients and other visitors. The Information Governance Alliance (IGA) published draft guidance for trusts on the use of mobile devices in hospitals for consultation which ended in July. The final guidance was published in October 2015.