He said: "The objective of this Inquiry is to understand what happened in children's heart surgical services in Bristol, why it happened, and what lessons can be learned for the benefit of the NHS as a whole. No one is on trial at this Inquiry; and it will not be run as a court or a disciplinary hearing."

Practical steps have already been announced to make the Inquiry as accessible as possible so that people who feel they have a contribution to make can have their voice heard. The Inquiry team can be contacted by e-mail, post or a local rate telephone number and there is also a website with up to date information about the Inquiry. The transcript of each day's proceedings will be posted on the Inquiry website.

He said: "I have been asked by the Secretary of State to chair an Inquiry, not preside over a trial. There will be no parties or sides; this is not a case of someone winning or losing. It follows from this that an inquisitorial, rather than an adversarial approach is the most suited to our purpose and it is one which we will adopt."

The main elements of the proposed procedure, which will be explained in full at the preliminary hearing, are as follows:

• Anyone who considers they may have evidence or information relevant to the Inquiry is invited to write or contact the Inquiry office.
• Where it will assist the Inquiry, people who have made initial contact will be asked if they wish to make a formal written statement.
• Anyone who had an involvement with the events being examined may also be invited to give a formal written statement. This will include, for example, families; doctors, nurses and managers at the BRI; staff from health authorities; civil servants at the Department of Health and individuals from other organisations involved. Anyone criticised in a formal statement will have the opportunity to see and comment on those criticisms.
• Those who are then called to give oral evidence will be questioned first by Counsel to the Inquiry who are impartial. Their job is to ensure that all the facts are thoroughly investigated and all the evidence is before the Inquiry. Then, the witness's own legal representative will have an opportunity to put questions by way of re-examination, and to make a short statement after the questioning is finished.
• There will be no cross-examination, except where demanded by the requirements of fairness or the need to resolve disputes of fact to assist in fulfilling the Inquiry's terms of reference.
• Everyone will be able to see the formal evidence of the Inquiry's expert witnesses.

Further details about how this process is linked to the final report will be given at the preliminary hearing.

Professor Kennedy said: "I have a duty to find the best possible procedure to help us get to the truth; I believe an inquisitorial approach is much better suited to our purpose than a complex process of cross-examination where each witness could be cross-examined by as many as seven or eight sets of barristers; that would be in no-one's interest, not least because it would prolong the proceedings, and we have a duty to the parents and to everyone else to come to our conclusions as soon as we reasonably can."

"We will ensure fairness to all those involved by using the resources of the independent Inquiry team. We want to hear what the actual people who were involved have to say. We will proceed sensitively since we are exploring matters that are painful to many."

"The procedure and principles I have outlined will allow us to conduct the Inquiry fairly and openly while getting at the truth of what happened in Bristol and making recommendations to ensure that nothing similar ever happens again."

ENDS

For further information please contact Richard Green, Press Officer, Bristol Royal Infirmary Inquiry, Wellington House, Waterloo Road, London, tel. 0171 972 4325.

Notes for editors: Ian Kennedy is Professor of Health Law, Ethics and Policy at the University College, London. He was appointed as Inquiry Chairman under Section 84 of the National Health Service Act 1977 by Secretary of State for Health Frank Dobson.

Professor Kennedy will formally open the Inquiry at 10.30am on Tuesday, October 27, at the Bristol City Council House, College Green. Reporters, photographers and camera crews are invited to attend a press conference at 1pm that day. Photographers, radio and camera crews will be allowed into the hearing before the formal opening but will not be permitted to broadcast or take pictures while the hearing is underway.

Details on how to contact the Inquiry team, biographical information on the Chairman and members and the Inquiry's terms of reference can be found on the Inquiry website which is www.Bristol-Inquiry.org.uk/ .

The local rate telephone number is 0845 3000 613.

Professor Kennedy's Terms of Reference are: "To inquire into the management of the care of children receiving complex cardiac surgical services at the Bristol Royal Infirmary between 1984 and 1995 and relevant related issues; to make findings as to the adequacy of the services provided; to establish what action was taken both within and outside the hospital to deal with concerns raised about the surgery anijd to identify any failure to take appropriate action promptly; to reach conclusions from these events and to make recommendations which could help to secure high quality care across the NHS."

Wednesday, October 21, 1998

INQUIRY CHAIRMAN LAUNCHES WEBSITE

An internet website has been launched today (Monday, October 19) to provide people with the latest available information about the Bristol Royal Infirmary Inquiry.

The Chairman, Professor Ian Kennedy, said he intended the Inquiry to be as open and accessible as possible and the website was one of the practical steps he had been keen to take.

The site will include the Secretary of State for Health's initial Inquiry announcement to Parliament; the Inquiry's terms of reference; biographical details of Inquiry members; background information; and a question and answer section.

The Chairman's opening statement, which will be made at the Inquiry's preliminary hearing in Bristol on October 27, will be placed on the site which will be regularly updated.

When full public hearings begin next year, daily hearing transcripts and other relevant material will also be made available.

Professor Kennedy has also announced today the opening of a special telephone service which is charged at the caller's local rate - 0845 3000 613 - giving members of the public direct access to the Inquiry team either to ask questions or pass on information.

People are also able to contact the Inquiry team via an internet e-mail address, inquiry@doh.gov.uk.

Professor Kennedy said: "I recognise the interest of the media and the public and hope that the measures I take will meet their needs. At the same time, bearing in mind the issues we will be covering, I will act as sensitively and supportively as I possibly can to protect the legitimate concerns of those involved.

He said: "It is my intention to give every assistance I can by putting in place practical arrangements to provide as much information as possible and for people to feel included in the Inquiry process.

"The website I have launched today will give people the latest information available about the Inquiry and where we are in the process.

"The local call rate telephone number and the internet e-mail address will allow people to come to us with their views, thoughts and queries and ensure that the communication really is two-way."