Shared Insights: Implementing the Ockenden Immediate and Essential Actions for safe maternal and newborn care
In this Shared Insights session we provided an overview of the implementation of the Ockenden Immediate and Essential actions.
Rachael Morris, Partner at Browne Jacobson spoke on how this session would mark World Patient Safety Day which this year has a theme of safe maternal and newborn care. She provided an overview of the implementation of the Ockenden Immediate and Essential actions.
Amelia Newbold, Risk Management Lead at Browne Jacobson provided an overview of how Heads of Legal can support clinical improvement work.
We were delighted to be joined by Dr Angie Doshani Consultant Obstetrician and Gynaecologist at University Hospitals of Leicester NHS Trust (UHL) and Elaine Broughton, Head of Midwifery at UHL, who spoke about the impact of Ockenden at their Trust, the practical steps they have taken to implement the actions required, and shared practical tips for disseminating learning.
The Shared Insights were:
Rachael Morris provided an overview of the four Ockenden Recommendations this session would focus on:
- Fetal monitoring – this arises frequently from a claims perspective including situations where the assessment of CTGs is felt to be incorrect or there has been a failure to escalate. The Royal College is currently putting together guidance on standardisation of CTG interpretation. Failure in escalation can be due to communication issues.
- Risk assessment – Ockenden is clear there should be risk assessments at every contact in the maternity journey.
- Consent - Communication around consent should involve having ongoing conversations with women and evidence-based information in order to make decisions. Document those discussions in as much detail as possible.
- Culture – Good culture makes all the other things easier. Share and learn from outcomes of investigations with the whole unit, not just the people involved.
Communication is a thread running through all of those issues.
Amelia Newbold discussed how improving maternity safety cannot be achieved by clinical staff within maternity units acting alone – it is much wider in scope and we all have a part to play. She explained how Heads of Legal can support clinical improvement:
- Learning from Claims - there is a wealth of information that Heads of Legal can glean from reviewing documentation created during the course of litigation which can assist with informing improvement work in this area. HSIB reports will provide learning but for cases outside HSIB’s remit, an analysis of claims provides valuable learning about what is happening on the ground. There are various tools available to assist Trusts with this:
- NHS Resolution Scorecard
- GIRFT Litigation Pack.
- Learning from Inquests - Inquests present a valuable opportunity for Trusts to identify care issues closer to the point of incident and Heads of Legal have a key role to play in ensuring that clinical witnesses have an opportunity to set out their evidence and raise issues prior to the inquest without feeling constrained. Consider smaller PIMs with fewer staff so junior staff in particular feel able to speak up.
- Resources – Browne Jacobson have recently launched a Maternity Services Hub and Mock Inquest Films, which anyone in your organisations can access free of charge here to assist clinical witnesses in preparing for inquest.
- Keeping abreast of National Information/Data - In addition to looking at learning from individual claims and inquests from within your organisation, there is also a raft of information available at national level which may be useful to help Trusts with improvement work in specific areas within maternity:
- HSIB and NHS Resolution have both published thematic reports looking at themes arising from the investigations they undertake
- HSIB quarterly reports identify issues by reference to regions and provide information about what has worked well for other Trusts.
- Board Reporting - The Ockenden report identifies the need to ensure the Board are fully sighted on what is happening at unit/ward level and to ensure that there is robust challenge of the assurances provided. Heads of Legal will have relevant information for the Board based on recent/ongoing claims and inquests.
Culture
Dr Angie Doshani discussed the importance of reassuring the public that Trusts have learned from their past mistakes and ensuring learning is embedded and shared.
She spoke of the importance of culture within Trusts and how working as a team is key. Improving morale and having visible leadership on the shop floor is also important along with improving communication between team members.
We heard practical tips and ideas for sharing learning and experiences with staff including ‘tea-trolley’ and ‘sweet trolley’ learning, ‘good news papers’ and regular safety walks.
Consent and Documentation
Amelia Newbold discussed the importance of ensuring consent discussions are tailored to individual circumstances and documented. It is important to remember that consent is an ongoing process– during the antenatal period there is a considerable amount of time to have those discussions. Documenting as much detail as possible of those discussions is key.
.cta-download-button {cursor: pointer; display: inline-block; padding-top: 9px; background: #b40838; border-radius: 0px; color: #fff; overflow: hidden; position: relative; margin-left: 5px; font-weight: bold; text-decoration: none; border: #b40838; height: 40px; font-size: 16px; width:100%; text-align:center; line-height: 40px; max-width: 320px; margin-top: 30px; } .cta-download-button:hover{ background: #91082e; line-height: 40px; } .cta-download-button a, .cta-download-button a:visited, .cta-download-button p a:hover {color:#ffffff !important; text-decoration:none;}Speakers

Rachael Morris
Partner

Amelia Newbold
Risk Management Lead
Shared Insights
Our fortnightly online NHS forum for industry professionals.

Nicola Evans
Partner
Nicola.Evans@brownejacobson.com
+44 (0)330 045 2962
Related expertise
You may be interested in...
Opinion - Maternity services
University Hospital Leicester hold their inaugural Maternity Safety Conference
In Person Event
Navigating your way through high profile sensitive reviews and investigations
Opinion
Junior doctors vote unanimously in favour of strike action
Opinion
Can toilet facilities amount to sex discrimination?
Published Article
Digital Twin Technologies: key legal contractual considerations
Opinion
Consultation launched on minimum ambulance service levels during strike action
Opinion - Maternity services
Changes to redundancy protections for employees post-maternity leave
Legal Update - Shared Insights
Shared Insights: Coroners’ Question Time
Press Release - Careers
Browne Jacobson health lawyer wins major accolade at Made in Manchester Awards
Opinion
BMA issues medical locum rate card for junior doctors
Legal Update
Employee who refused to wear a face mask fairly dismissed
Opinion
New toolkit to support safer recruitment in the care sector
Legal Update
Green Leases for the NHS
Guide
Government response to the consultation on the Higher-Risk Buildings Regulations
Published Article
The first 100 days for Integrated Care Boards
Opinion
Menopause and the workplace
On-Demand
Future of Care - Retirement Living webinar
In Person Event
Independent Healthcare In-House Lawyers Forum
Legal Update
Safeguarding at scale report published
Opinion
Government introduces new “anti-striking laws” to be discussed in Parliament
Press Release - Maternity services
Father Christmas comes to University Hospital Coventry and Warwickshire care of Browne Jacobson’s Birmingham Office Community Action Group
Opinion - Maternity services
The Patient Safety Incident Response Framework (PSIRF) and its impact on maternity services
Legal Update - Shared Insights
Shared Insights: Looking ahead to 2023 – what Health and Care employers need to know
Opinion
Coroner’s refusal to issue a Prevention of Future Deaths Report following death in prison custody inquest was lawful
Article
Mental health, eating disorders and placement of young people
Legal Update
LPS consultation and ‘go live’ planning
Opinion
Consultation launched on plans to amend NHS pension rules to bolster NHS workforce
Legal Update
Getting ready to face Industrial Action
Legal Update - Shared Insights
Shared Insights: Prolonged disorders of consciousness
Published Article
How AI and technology can transform the healthcare sector
On-Demand
The UK's green agenda - the outcomes of COP27 and actions since COP26
On-Demand
Insights from the Chief Coroner by His Honour Judge Thomas Teague, KC
Opinion
BMA advises consultants not to accept less than the BMA minimum rate card for extra-contractual work
The BMA is advising all NHS / HSCNI consultants to ensure extra-contractual work is paid at the BMA minimum recommended rate and to decline offers of extra-contractual work that doesn't value them appropriately.
On-Demand
Leadership and lessons learnt during the Pandemic by Professor Jonathan Van-Tam
Published Article
Local authority duties: Up in the air
In ‘failure to remove’ claims, the claimant alleges abuse in the family home and asserts that the local authority should have known about the abuse and/or that they should have removed the claimant from the family home and into care earlier.
Legal Update - Shared Insights
Shared Insights: The Patient Safety Incident Response Framework
Guide - Maternity services
Mediation guide for Clinicians: What do you need to know and how do you need to prepare
Opinion
NHS England – Updated Transaction Guidance
NHS England has published (October 2022) new guidance - Assuring and supporting complex change: Statutory transactions, including mergers and acquisitions.
Opinion
NHS England – Assuring and supporting complex change
NHS England has issued an updated (publication 11 October 2022) suite of Complex Change guidance about how it will assure and support proposals for complex change that are reportable to it. New and (where it is still in force) existing Complex Change guidance are as follows.
Legal Update
The Retained EU Law
Created at the end of the Brexit transition period, Retained EU Law is a category of domestic law that consists of EU-derived legislation retained in our domestic legal framework by the European Union (Withdrawal) Act 2018. This was never intended to be a permanent arrangement as parliament promised to deal with retained EU law through the Retained EU Law (Revocation and Reform) Bill (the “Bill”).