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Burn –v- Alder Hey Children’s NHS Foundation Trust

Thursday 21st October 2021

The Claimant appeals from the order of Thornton J dated 2/7/21 dismissing her claim for declaratory and injunctive relief in respect of breaches of express or implied terms of her contract of employment.

R’s failure to seek her view on information that should be gathered as part of a disciplinary investigation about her;

R’s refusal to disclose to her in advance of being interviewed as part of the disciplinary investigation three statements obtained as part of a root cause analysis investigation into care of the patient who was the subject of the disciplinary investigation.

The judge held that the C was not entitled to see the RCA statements or letters to and from patient A’s family and there was no breach of the obligation to seek the C’s views on information to be gathered as C had not suggested that the case investigator was not looking at the right material.

C complains that the judge’s interpretation of the R’s Maintaining High Professional Standards Policy (MHPS) was flawed and failed to provide procedural safeguards.

Lower Court Judgment:

Burn v Alder Hey Children’s NHS Foundation Trust [2021] EWHC 1674 (QB) (18 June 2021) (bailii.org)

View hearing:

Part 1

Part 2