Wirral University Teaching Hospital NHS Foundation Trust (Fraud)

Lord Field of Birkenhead Excerpts

Wednesday 9th June 2010 Commons Chamber

[Mr Frank Field (Birkenhead) (Lab)]

May I, through you, Madam Deputy Speaker, thank Mr Speaker for allowing me this evening’s debate. It is pleasure to see you in the Chair on what I think is your first day. I believe that this is the first time that I have addressed the Minister from the Opposition Benches, and I am very pleased to do so. I assure him that it will not be the last time that we will be engaged in these conversations.

From this Adjournment debate on alleged fraud in the Wirral hospital trust, I am looking for three things. First, I am sure that I am not exceptional in the number of constituent cases about alleged fraud that I refer to the relevant authority. In every case I have passed on, whether it be to the Department for Work and Pensions or to the Department of Health, I have never had a satisfactory reply that I could then refer to my constituent. I would not disclose the information, but if I had such a reply, I could say that I had been able to read the papers and assure constituents that they were mistaken in alleging fraud. I could say that a proper investigation had been carried out and we could leave the case there. As I say, however, that has never occurred. One thing I am looking for this evening, then, is for the Government to consider the particular role in which elected representatives sometimes find themselves in handing to the Government alleged cases of fraud, yet never being able satisfactorily to report back to their constituents.

Secondly, I have tried to use the Freedom of Information Act 2000 in order to gain the information that Wirral hospital trust denied me. I was refused on the basis that disclosure of the information would provide me with sensitive personal information such as the name of the person against whom the allegations of fraud were made. However, given that everybody involved in the case knows the name of the doctor, although I have never used it in public, it seems somewhat farcical to use the Freedom of Information Act in this way to prevent my gaining access to reports that have been commissioned.

Thirdly, this saga has been going on for a long time, and I have no intention of letting go of it, so I hope that the Minister might be able to advise me on the next best steps to take to resolve the issue. Through you, Madam Deputy Speaker, I would like to remind the House of what happened.

All too long ago, one of my constituents was sitting in the surgery at their doctor’s. The doctor was engaged in a telephone conversation with one of his patients, who turned out to be a private patient. During the conversation, for reasons that I cannot possibly explain, the doctor assured the person that they had been treated as an NHS patient although they were being charged as a private patient.

I started to look into the case. I asked both the primary care trust and the hospital trust—Wirral University Teaching Hospital NHS Foundation Trust—to investigate. I had a meeting with the hospital trust at which the chairman and the senior directors were present, as well as the locally based official who was in charge of countering fraud in the health service. At that stage the doctor admitted that, as a result of an error, he had put through as NHS patients about 180 patients whom he was charging as private patients, but who were being given tests as NHS patients.

[Ms Angela Eagle (Wallasey) (Lab)]

rose—

[Mr Field]

I will give way in a moment to my good and hon. Friend from a neighbouring constituency.

The doctor admitted that that had been an error in all cases, and repaid money. I asked, through its chairman, whether the trust—on the basis of the core of cases of private patients being fed through the NHS—would examine other procedures in the hospital to establish whether any of those 180-odd patients had had scans or X-rays, and whether the doctor had again forgotten to declare that they were private patients when ticking the forms assuring the NHS that they were, in fact, NHS patients.

[Ms Eagle]

My right hon. Friend has raised an issue that affects all of us who represent constituents in the Wirral, which is served by the hospital concerned. Does he think that this individual case of fraud involving an individual doctor raises issues about conflicts of interest that may well resonate in other areas of the NHS, and does he agree, on the basis of his experience of this case, that there are general rules that all Members should consider applying more generally throughout the NHS to avoid such financial conflicts of interest?

[Mr Field]

I strongly agree, and I hope that at some stage the medical profession will give serious consideration to how the interface between the public and private sectors might be policed in the context of health.

As the fraud officer present said that it was quite reasonable to undertake the next stage of the inquiries, I left the meeting, only to find that later the chairman of the hospital trust and her senior executives had said that no such investigation would take place, and that I would not have access to their reports on this case of alleged fraud unless I was prepared to sign a document saying that after reading the information I would never use any of it in public debate. I was not prepared to sign such a gagging clause.

I appealed for access to the documents concerned under the Freedom of Information Act. Because the hospital trust is not known for its efficiency, it applied to block my appeal under the wrong section of the Act. When I appealed to the commissioner, he had to point out to the trust that if it wanted to block my original appeal it would have to use another part of the Act, which of course it then did.

I then appealed to the tribunal, which ruled that I should not have access to the document, or documents, because if I had such access I would gain sensitive personal information to which I was not entitled, such as the name of the person against whom the allegations were being made. As at every stage everyone who was in that room has known the name of the doctor concerned but none of us has made it public, it seems bizarre that it was on those grounds that I was denied access to the counter-fraud report which is alleged to have been undertaken.

Since the attempts to grapple with that individual case of fraud, the same hospital trust has had to repay more than £1 million to what was the primary care trust but is now Wirral Health, because it was found to be fiddling its accident and emergency figures. Quite how that came about and how it was decided that the fraud amounted to £1 million-plus I do not know, but that money has been repaid. I allege that there is a culture of fraud in that hospital trust, which is not being taken seriously by the chairman and the directors of the trust. I look forward to hearing what the Minister has to say.

One last point concerns the Freedom of Information Act. I am well aware that the Government have their own legislative programme, but I would be grateful if the Minister would take back the fact that there may be problems in two respects where MPs refer fraud cases to the administration for investigation. One is the one that I touched on at the beginning of my remarks. As elected representatives, we are never put in a position to report back fully to our constituents. Obviously, we deny them any sensitive personal information, but we cannot say that we have read the relevant papers and we would like to be able to assure them that their concerns about fraud are unfounded.

Secondly, I took up the case only because a constituent referred me to a case of alleged fraud. The doctor admits that somehow in 180-odd cases he happened to tick the wrong boxes, claiming the people concerned were NHS patients, rather than private patients. It seems wrong that I am denied access, as the elected representative of an area, to the counter-fraud allegations that have taken place.

There are two issues, and I would be grateful if the Minister reflected on them with his colleagues, although he may wish to comment on them in the debate. The case has dragged on for some time, but as I have said— I know the Minister is convinced of this—I am not going to let it go yet. I would be interested to hear how the Government think that we might take the case forward to a successful conclusion. I wait to hear what the Minister says.