NHS South West

Thursday 17th June 2010 Written Statements

[The Secretary of State for Health (Mr Andrew Lansley)]

I have asked Sir David Nicholson, chief executive of the NHS in England, to initiate a review into the approach and behaviour of the NHS South West in relation to Royal Cornwall Hospitals Trust, in particular, to the dismissal of John Watkinson and, by association, the trust’s position in relation to the provision of upper gastro-intestinal (GI) services in Cornwall.



John Watkinson was dismissed from his role as chief executive of the Royal Cornwall NHS Trust in April 2009. He took his case to employment tribunal, which has recently published its judgment that he was unfairly dismissed.



In the opinion of the employment tribunal, John Watkinson was unfairly dismissed because he made a “protected disclosure” covered by the Public Interest Disclosure Act. The disclosure was linked to the reconfiguration of upper GI services in Cornwall. The employment tribunal also found that Royal Cornwall NHS Trust acted as it did as a result of pressure from the South West Strategic Health Authority (NHS South West).



Verita, a specialist company that conducts independent investigations, reviews and inquiries has been commissioned to undertake this review.

The Terms of Reference for this review will be;

to examine all the SHA’s interactions with the Royal Cornwall Hospitals NHS Trust in relation to the dismissal of John Watkinson and, by association, the trust’s position in relation to the provision of the upper GI services in Cornwall. In particular, to determine:

the chronology of events and decisions made in the running up to the dismissal of John Watkinson;

what involvement NHS South West had in his dismissal and whether or not this was motivated by the reconfiguration of upper GI services or otherwise; and

whether the SHA acted appropriately, proportionately, in keeping with its role and within its statutory responsibilities.



The review should not duplicate the review of the upper GI service configuration which was recently carried out by the independent reconfiguration panel, nor any subsequent appeal of the employment tribunal’s decision. However, it may consider these and any other relevant background evidence to make its determinations.



The findings of the review will be published later this year and I will update the House on the outcome of the review and my response.