Francis Report

Paul Burstow Excerpts

Wednesday 5th March 2014 Commons Chamber

[Paul Burstow (Sutton and Cheam) (LD)]

I will certainly watch the clock very carefully, Madam Deputy Speaker.

I want to pick up on one or two of the contributions that have already been made, particularly that by the right hon. Member for Cynon Valley (Ann Clwyd), with whom I agree about statistics. Given how much reliance we need to place on some of the absolutely key statistics about mortality, the manner and timeliness of their collection and publication, and the certainty with which we can then act, are very important.

The hon. Member for Stafford (Jeremy Lefroy) made a fantastic speech; it was very thoughtful indeed. His comments about the need to listen to individual stories and complaints, which is absolutely key, were echoed in subsequent contributions. It is also important, as he said, for chief executives to see and sign responses to letters of complaint and, indeed, for boards to be much more clearly sighted on, and open to, such issues. He also made it clear that it is absolutely key to join the dots between individual cases in order to identify, challenge and take cases forward.

The hon. Member for Stoke-on-Trent North (Joan Walley) made some very important points about the TSA process, which I think we will come back to next Monday or Tuesday. There are issues about how that system has always operated, how it is evolving and how it is being used, and we need to be clear about what should happen before a TSA process even starts. There are too many examples of the NHS not being very good at changing services and making compelling cases to the population. Too often, the case is made behind closed doors and then sold as a finished product to the public, rather than being co-designed by the public and stakeholders such as hon. Members, local councillors and many others. Until the NHS has a culture that is open to that sort of approach, we will always wind up with a crisis in administration, health care or finance that gives the pretext for triggering a TSA process. For those reasons, the hon. Lady is right to raise the issue.

[Paul Farrelly]

Will the right hon. Gentleman give way?

[Paul Burstow]

I cannot, because of what Madam Deputy Speaker has said.

My main point is about mental health. It is important that we discuss mental health in the context of Francis, because in their response the Government said:

“Whilst this poor care was in a hospital, poor care can occur anywhere across the health and social care system.”

That is absolutely right and we need to keep it in mind. I very much support the work the Government are doing to change the culture and to have more openness and compassion, and I think that an ethic of learning is part of that.

I want to focus on mental health because we could be in danger of missing it out in all this. I am convinced that there remains an institutional bias in how mental health is treated, and that needs to be tackled. We still have a long way to go to deliver the parity of esteem that this Government have put into legislation, that we have established in policy and that is now accepted, I think, as what we should all aspire to.

Francis talked about

“an engrained culture of tolerance of poor standards”,

which the issue of mental health throws into stark relief, including premature mortality figures that show a huge gap in life expectancy for those with severe mental health problems; the fact that only one in four people with mental health problems receives any treatment; and the absence until next year of waiting time targets, standards, choice and proper measurements for mental health.

The NHS has always treated mental health as a poor relation to physical health and it has a long way to go to catch up, but I welcome the fact that this Government are taking some of those steps. We need to take them as rapidly and as sensibly as we can. Another example is the routine failure to provide NICE-recommended treatments. The iniquity whereby some things are “must dos”, while others just become nice NICE things to do, cannot be right and must be changed. It is good news that my hon. Friend the Minister of State is leading work on changes to standards.

Francis talked about a failure to put patients first in everything that is done. We see that with the 7,700 people who end up in a prison cell, which they call a place of safety. The most recent figures include 41 children, which is a shocking indictment and is surely unacceptable. I just wonder whether the time has come to consider whether to attach a sunset provision to the use of powers under section 136 of the Mental Health Act 1983 so that, over the next three or four years, we work towards no children finding themselves in a prison cell because of a mental health crisis and, in due course, no adults finding themselves in a prison cell—

[The Minister of State, Department of Health (Norman Lamb)]

Police cell.

[Paul Burstow]

I am grateful to the Minister for correcting the record from a sedentary position.

There were 350 children on adult wards in 2013-14, including one as young as 12, and the use of restraint has been at a high level. I know that the Minister for care services is championing changes in that area. I very much welcome his leadership on the crisis care concordat. It is very important that the CQC leads on regulation to show that it is not just words, but will be backed by regulatory teeth.

The culture change also needs to be about listening to patients. The evidence again suggests that there is still a long way to go. The Care Quality Commission has found that a quarter of care plans showed no evidence of patient involvement. That cannot be right, whether for a long-term physical health condition or a mental health problem.

We have only just had a tariff for mental health. When I arrived as a Minister with responsibility for it, I found that the task of producing tariffs had already taken five years, having dragged on and on. Yet because of the difference in how we funded mental health services, it was easier to cut them in the past. The picture of spending on mental health is rather more nuanced than it is sometimes portrayed in debates in this place.

Given all that, we might have expected NHS England to ensure that its response to the Francis inquiry and to the Government response recognised that poor care can occur in mental health as well. The chair of NHS England, Malcolm Grant, has put his name to the statement of common purpose that prefaces the Government response to Francis. Yet NHS England has ignored this Government’s mandate to it to deliver parity of esteem. NHS England’s financial experts do not get it: they are delivering Francis’s agenda simply for the acute sector, and taking money away from mental health services through adjustments to how payments are made for them. That cannot be right. I know that the Minister agrees with me, but doing so is not sufficient: there must be a challenge to NHS England’s decision to take away money from mental health, given that both sectors need to make progress and to take steps to deal with the Francis agenda.

[Norman Lamb]

I just want to alert my right hon. Friend to the fact that David Nicholson, the chief executive of NHS England, has made it clear to area teams and therefore to clinical commissioning groups that they must take parity of esteem fully into account in financial settlements with mental health trusts. That clarification of the importance of parity of esteem on finances is critical, and I hope that he welcomes it.

[Paul Burstow]

I very much welcome that and what the Minister says.

The reason I have raised issues about mental health in this debate is that it would be a mistake for Members to see Francis simply through the lens of acute hospital care. As the Government said in their response to Francis, we need to be concerned right across the piece. That is why I make no apology for focusing my speech on mental health, and why I hope that the Government will continue to drive an agenda of parity of esteem and make it a reality.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Health (Dr Daniel Poulter)]

The publication of the Francis report was an incredibly humbling day for our national health service. It was humbling not just for those of us in this place who care about our NHS, but for the many staff who work tirelessly to look after patients and for everybody involved in looking after people as part of our health and care system.

The central plank of the report highlighted the fact that a culture had developed at Mid Staffordshire that was not in the best interests of patients. Targets and bureaucracy had got in the way of delivering high-quality care, and far too often the management of the trust did not listen to the concerns of patients or to the sometimes valid concerns of front-line members of staff.

Robert Francis made a number of recommendations in his report. The Government accepted the principles of the report and we have made great progress in implementing many of the proposals, which I will come on to later.

It is important that all parts of our health and care system learn lessons from things that have gone wrong in our health service. Front-line staff need to learn lessons where appropriate and managers need to learn to listen and respond to the concerns of front-line staff. We need to create a culture that is open and learn how to put things right in the future in order to improve patient care. That is what good health care is about, whether someone works on the front line of the service or whether they are involved as a commissioner, a manager or a Minister.

There have been many good contributions to the debate and I will do my best to touch on as many of them as I can in the time available. In particular, there has been strong advocacy for the local NHS. I pay particular tribute to my hon. Friend the Member for Stafford (Jeremy Lefroy) for his work and tireless advocacy over many years—including before he became an MP and certainly during his time in this place—on behalf of his local patients and the local hospital and staff who look after them in Mid Staffordshire. Without his long-standing efforts and those of my hon. Friend the Member for Stone (Mr Cash), we would not be where we are today and that part of the world would be less better represented. Importantly, they are the people who have asked consistently the difficult questions and allowed us to get to our current position of not just tackling poor care at Mid Staffordshire and putting right the challenges that that has thrown up, but looking at how we can improve pockets of bad care elsewhere in our health and care system.

Most hon. Members have focused on two particular themes, the first of which is the need to learn lessons from the Francis inquiry into what happened at Mid Staffs, for the benefit of the wider health and care system. We heard some very good speeches, particularly from the right hon. Member for Rother Valley (Kevin Barron), my right hon. Friend the Member for Banbury (Sir Tony Baldry) and my hon. Friend the Member for Worthing West (Sir Peter Bottomley). They discussed the broader lessons that can be learned and the importance of an open culture, of supporting clinical leadership and of recognising that perhaps staff are the best advocates of what good-quality patient care looks like in our health system.

In his constructive contribution, my hon. Friend the Member for Cannock Chase (Mr Burley) noted that the challenges and difficulties faced in Mid Staffordshire arose because the management in particular were blinded by targets, financial incentives and drivers, and lost sight completely of what matters most in a hospital at all times, which is delivering high-quality, good patient care. The biggest lesson we can learn, as my hon. Friend made clear, is that we need always to make sure that the delivery of high-quality care is the first and only driver of what happens on the ward. It should never be about meeting a financial target. Of course, the two are not always mutually exclusive, but in this case it is very clear that things went very badly wrong at that trust.

As was pointed out by the shadow Minister, the hon. Member for Leicester West (Liz Kendall), a significant speech was made by my right hon. Friend the Member for Sutton and Cheam (Paul Burstow), who talked about the importance of parity of esteem between mental health and physical health. He did a lot in his time in government, and he has always been a keen advocate of that. I know that he is very proud, as the Government are, that the 2012 Act has for the first time enshrined in law genuine parity of esteem between physical health and mental health. That was touched on by the Francis report, and the Government can be proud of doing that. As he will know, we have also invested £450 million in improving access to treatment in mental health services. I know that he took that forward in government, and he can be very proud of that record.

[Paul Burstow]

Through the Minister, may I pose a question to my hon. Friend the Minister of State who has responsibility for care services? He told us that Sir David Nicholson had issued a clarification about area teams not doing enough to deliver parity of esteem, but that has not materially changed how the finances are arranged, with money being taken away from mental health to pay for Francis delivery in acute care. Will that be addressed?

[Dr Poulter]

My right hon. Friend is absolutely right to say that the first step in addressing financial disincentives for mental health, which have been in the system for many years—in fact, for decades—was to establish parity of esteem in law. He helped to achieve what for the first time has been done under this Government. The next step is of course to make sure that other measures are in place to encourage and incentivise the system to spend money appropriately. Members on both sides of the House agree that we should take pressure off acute services, and nowhere is that more important than in mental health. It is important to invest in improving access to psychological therapies and talking therapies to support people, and to put in place early intervention for those with mental health problems. That is quite important, so the Government are investing money in it.

It is also important to collect proper data on mental health for the first time. For many years, data have not been collected effectively to ensure that we know what good mental services look like, but the Government will make sure that we can deliver that.