Hughes Report: Second Anniversary Debate
Full Debate: Read Full DebateSarah Green
Main Page: Sarah Green (Liberal Democrat - Chesham and Amersham)Department Debates - View all Sarah Green's debates with the Department of Health and Social Care
(1 week ago)
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I beg to move,
That this House has considered the second anniversary of the Hughes Report.
Although it is a pleasure to open this debate under your chairship, Dr Allin-Khan, I do so with a sense of déjà vu, because we have been here before, on the anniversary last year and in debates on the Cumberlege review before that. The issue of redress for the victims is a well-trodden road.
I start by paying tribute to the many individuals who have campaigned tirelessly for justice and change, and to prevent their experience from happening to others. I thank the Patient Safety Commissioner, Professor Henrietta Hughes, for the work she put into her report. She is with us in the Gallery today, along with many campaigners. I put on the record my thanks to Baroness Cumberlege for her exceptional work, before the Hughes report, to give voice to victims during the two years she led the Cumberlege review. I pay tribute to her for her continuing commitment to the victims.
We are here today because, two years on from its publication, the Government have still not published an official response to the Hughes report. No redress scheme has been implemented and no timeline has been announced. We have repeatedly been told that the recommendations are being carefully considered, yet there is no date, no framework and no mechanism for justice in place. To be clear, the Patient Safety Commissioner did not decide one day to write the report; she was asked to pull it together and to look at the options for redress for those harmed by valproate and pelvic mesh. The report was commissioned by the Department of Health and Social Care in late 2022.
In her foreword to the report, Professor Hughes was clear that, in accepting the commission,
“the case for redress had already been made by the First Do No Harm review so my report would primarily focus on ‘how’ to provide redress rather than ‘why’…Secondly, patients must not be subjected to an emotional rollercoaster, meaning that commissioning this work would inevitably raise expectations and that it would be profoundly unfair to do so if the government had no intention of providing redress.”
Chris Vince (Harlow) (Lab/Co-op)
I thank the hon. Member for bringing this important debate to Westminster Hall. I secured a debate on the Cumberlege report 18 months ago; I said at the time that I hoped it would be the last time we debated this issue, yet here we are again. Does the hon. Member agree that the emotional impact on the women involved is hugely important? I was approached by a number of constituents in my constituency, including Debbie, who joined me for my debate. It is so important that the review’s recommendations are acted on.
The emotional toll is significant. It is a daily struggle for some of those affected, and they are battling a system.
Right at the start of her report, the Patient Safety Commissioner was clear that she should not be asked to look into the options for redress for those harmed by valproate and mesh if there was no real intention or desire in the Department to make a redress scheme a reality. Why commission the report and raise the expectations of thousands of families if there was never any intention to follow through on the recommendations?
As colleagues know, 30,000 women and children have been harmed, through no fault of their own, by valproate and pelvic mesh. They are paying the price of the failure to keep them and their children safe with immense pain, agony, fear and guilt. Five years on from the Cumberlege report and two years after the Hughes report, the Government have still not confirmed plans to provide financial redress. Financial redress is unfinished business, and it is past time that the Government responded.
Let us not forget that of those affected by valproate and mesh, 85% report not being able to work, 73% report that their finance has suffered as a result, 91% report that their mental health and wellbeing are adversely affected—as the hon. Member for Harlow (Chris Vince) just said—and 88% report that their relationships have been negatively impacted.
Let me unpack that for a second. Those statistics represent my constituent Carol, a doctor by training who was forced to take long-term sick leave and see her health and her career deteriorate. They represent the valproate families who, on top of the physical effects, face the nightmare of child and adolescent mental health services and personal independence payment reassessments every few years, having to explain what foetal valproate spectrum disorder is to every clinician they encounter because it is not widely understood. They represent the heartbreaking situation of one victim who shared with me, in tears, the devastating impact that mesh has had on her ability to be intimate with the love of her life. The lack of a clear timeline for action by the same slow, dismissive system that harmed patients is further compounding their physical and mental pain.
Calum Miller (Bicester and Woodstock) (LD)
My hon. Friend is making a powerful speech. Although financial redress is an incredibly important part of the Hughes report, it also lays out other important elements, such as healthcare and special educational needs and disability provision. My constituent Debra has two sons. It was only when her second son went to school that the school realised there might be something affecting both boys due to her taking sodium valproate. She had to battle against the system and is now having to drive her eldest son to university because, suffering from autism, he is unable to make that journey using public transport. Does my hon. Friend agree that those recommendations are also an incredibly important part of the Hughes report?
Laura Kyrke-Smith (Aylesbury) (Lab)
This is about so many different aspects of support. One of the recommendations in the Hughes report that has been drawn to my attention is the one on housing, which is so crucial. My constituent was prescribed sodium valproate during pregnancy. Her son, who is now 25, lives with foetal valproate syndrome, requires 24/7 support, and will do for the rest of his life. My constituent said that even relatively modest adjustments to their home and some specialist equipment could make a real difference, but she has not found any way of getting funding for that. Does the hon. Member agree that housing is also a really important area for us to look at?
I do agree, and I thank the hon. Member for raising it.
I know that many colleagues present have been championing this cause for years. There is a string of parliamentary questions going back to the launch of the report two years ago, asking for progress updates. The Patient Safety Commissioner herself used her statutory powers for the first time, in October last year, to ask for more detailed answers from the Department of Health and Social Care. The responses were published in November and just a few weeks ago in January. We now know that there have been meetings, roundtables and briefings, but no progress on redress. If I am reading between the lines of these responses correctly, it is the dead hand of the Treasury that is the issue.
Before I conclude, I wish to mention Carol. I have shared Carol’s story before, and I return to it today because it lays bare the cost of years of Government inaction. When I first met her online—I hope she will not mind my saying this—she was a physical wreck. She needed assistance to get a visa to the US during the pandemic for urgent medical treatment following a hysteropexy and rectopexy using surgical mesh. A procedure that was intended to resolve her pelvic organ prolapse instead caused devastating harm.
Carol was left with a serious autoimmune disease, struggling to walk and unable to live her daily life. Her prognosis was bleak, and she needed to have the mesh urgently removed. That treatment was not available to her on the NHS. While suffering from chronic pain, and with limited mobility, Carol accessed private treatment in the United States. A combination of determination, medical knowledge and personal resources allowed her to do so, and Carol is now mesh-free following a successful surgery.
Carol attempted to pursue a clinical negligence claim against the surgeons who harmed her, but multiple law firms declined to act because the same surgeons were advising them on other cases. Those conflicts of interest blocked Carol’s access to justice. In one case, the surgeon who caused her life-changing harm acted as an expert witness in an unrelated mesh case. The judge in that case found that the surgeon selectively chose evidence supportive of the defence, failed to provide balanced evidence, and failed in his duty to the court. That finding is on the record.
Such conflicts are not isolated. Conflicts of interest and the closing of ranks among professionals remain a structural barrier to justice for victims. That is just one of the reasons why an independent redress scheme is long overdue. The current system is failing these women, children and families.
I have two questions for the Minister. What conversations are she, her Department and her officials having with the Treasury and Downing Street to make redress a reality for the victims? Will she meet some of the affected families to hear directly from them why redress is so important to them?
Several hon. Members rose—
In his November letter to the Patient Safety Commissioner to which the Minister referred, the Under-Secretary of State for Health and Social Care, the hon. Member for Glasgow South West (Dr Ahmed), states in reference to redress:
“Additional information is still required on the practicalities of further action on this area. This includes approaches to cost and affordability, legislation and scope of any potential redress. No final timetable has been agreed at present.”
The thoughtful and insightful contributions we have heard today show that Members are not going to stop asking the question. In tribute to the many families and campaigners, who are so inspiring and yet exhausted, I hope very much that we are not here in 12 months’ time dusting down the same speeches and chasing for progress.
Question put and agreed to.
Resolved,
That this House has considered the second anniversary of the Hughes Report.