UK Government is ‘failing in its duty’ by not ordering inquiry into health board

Martin Shipton

The Labour UK Government is failing in its duty after choosing not to hold an inquiry into preventative deaths at a controversial health board, according to the widower of a nurse who died when her ovarian cancer was not identified in time.

David Jones, of Hawarden in Flintshire has accused the UK Government of “failing to fulfil its duty to patients, victims and families of victims” by still refusing to hold an inquiry under the Inquiries Act (2005) into Betsi Cadwaladr University Health Board.

Mr Jones’ request for urgent action in February 2024 included the need for “initiating a statutory public inquiry into preventable deaths, avoidable harm and risks posed to patients as a result of failings of the Betsi Cadwaladr Health Board, key public bodies and devolution of healthcare”.

One of the victims of a failure to prevent preventative deaths over many years was Mr Jones’ late wife Catherine.

Mrs Jones was a cardiology nurse working for Betsi Cadwaladr.

Biopsy

In July 2013, she underwent surgery at Wrexham Maelor Hospital to remove an ovarian cyst. A biopsy sample from the cyst should have been identified as borderline cancerous, which would have meant she would have been offered surgery to remove it and, together with other treatments, her condition should have been survivable. Instead, she was wrongly given the all-clear.

In the summer of 2016, Mrs Jones was rushed back to hospital. The cancer had spread and she died a few months later in November 2016 aged 35.

Coroner John Gittins concluded that her death was “avoidable”.

Some progress towards an inquiry had been made before the change of government in July 2024, when the last Conservative Secretary of State for Wales, David TC Davies, had identified and agreed the need to hold an inquiry under the Inquiries Act (2005).

However, the current government is refusing to hold one.

Renege

Mr Jones said: “An incoming government should never be able to renege on the identified need to establish a public inquiry.

“The need for an inquiry had already been identified and agreed by Jo Stevens’ predecessor under the Inquiries Act, so the fact that the government is not making an inquiry happen is alarming.

“The government is failing in its duty by not holding an inquiry.”

Shadow Secretary of State for Wales Mims Davies said: “The UK Labour Government is clearly failing in its duty by not holding this crucial inquiry and this invisible Secretary of State for Wales needs to put political allegiance to one side and finally deliver for the people of Wales.

“It is shocking that, despite repeated calls, an inquiry has not been started by the UK Government and this needs rectifying without any further delay.

It is imperative that the families of the victims of this scandal obtain justice.”

The current UK Government takes the view that as health is a devolved function, it would be inappropriate for it to commission such an inquiry.

Senedd

On June 4 the Senedd voted against a Conservative motion to launch a more general public inquiry into Betsi Cadwaladr University Health Board.

Cabinet Secretary for Health and Social Care Jeremy Miles told the debate: “I’m pleased … to put on record, once again, the progress made by Betsi Cadwaladr University Health Board over the past two years under the special measures regime, in addition to areas where further focus and attention is required. “The health board is making sustainable progress in several areas. I think we need to support the health board and the thousands of NHS staff working across north Wales to continue to make these positive changes.

“What we should be discussing, in reality, is how the health board is putting the building blocks in place for sustainable improvement and better health outcomes for north Wales communities, and I would like to thank the staff for their commitment to this work. They turn up every day to do the best work possible in very challenging circumstances, whilst facing unending criticism very often.

“The reasons why the health board was placed in special measures are well known and have been the subject of scrutiny in this Chamber many times. I don’t want to rehearse those today, and neither am I going to analyse the decision to withdraw the board from special measures in 2020. Over the past two years, we have seen substantial improvements. In the first year, we have seen improvements in corporate governance and in the leadership of the board.

“In the second year, we have seen a real emphasis on quality and safety, with the board responding to many inherited issues in an open and transparent manner. By now, the work relates to improving management and agreeing on a new operational model, putting it into operation, improving performance, and rooting the necessary foundations that will enable the organisation to be successful in the long term.

“The number of people waiting more than two years for treatment has almost halved from just over 10,000 people in December 2024 to just over 5,700 at the end of March. Despite the reduction, this is the highest number in all of Wales, and we must see urgent improvements if we are to meet our ambitious plans to continue to cut waiting times for people this year.

“Performance against the 62-day cancer target is also lower than elsewhere and, as is the case across Wales, waiting times at the urgent and emergency care departments are too long. Welsh Government officials are now working alongside health board staff to focus on improving the planned care position.

“I know of course that not everyone in north Wales is seeing or feeling these signs of revival yet. Too many people are still frustrated by the length of time they are waiting to see a GP, a dentist, for a blood test, an operation, results or emergency treatment. These are all areas the health board must urgently address, and the health board shares this view.

“But there is, alongside this, genuine good news too. Betsi Cadwaladr is leading the way on the design and implementation of a mental health electronic health record. It is the first in Wales to introduce a new intravenous access service, which provides specialist care for people with difficult veins and long-term therapy needs. The health board is the first in Wales to have a community audiology van. Ysbyty Gwynedd is the first NHS robotic training centre in Wales to train other surgeons in robotic knee surgery. Surgeons in Abergele Hospital are trialling augmented reality technology for total knee replacement surgery. Doctors in training have ranked Ysbyty Gwynedd’s emergency department as the best place to train in Wales, for a second year running.

“For our part as a government, we will continue to provide the support and the constructive challenge that the health board needs in order to improve services and outcomes for people in north Wales.”