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Hearing summary6th October 1999 Hearings this week focus on evidence from Regional Health Authority and hospital staff commenting on the Bristol Services and the adequacy of the service provided.
Today the Inquiry heard from Dr Marianne Pitman, Public Health Consultant, South West Regional Health Authority (SWRHA). She told the Inquiry about the role of public health consultants within the SWRHA and the delegation of responsibilities for clinical specialties between them. She described the structure of the Regional Medical Advisory Committee and sub-committees. Dr Pitman then commented on the expectations of the Department of Health and Supra-Regional Services Advisory Group for expansion in cardiac services in Bristol, and she described the efforts of the SWRHA to achieve this, particularly in relation to referrals from Wales. She concluded by commenting on correspondence between herself and Mr Wisheart during 1992 in which the issues of outcome data and case mix were discussed. |
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FULL TRANSCRIPT
1 Day 58, 6th October 1999 2 (1.10 pm) 3 THE CHAIRMAN: Good afternoon, everyone. Good afternoon, 4 Mr Langstaff. 5 STATEMENT BY THE CHAIRMAN: 6 THE CHAIRMAN: Before we begin, perhaps I could just mention 7 one matter. I can report that I have received a letter 8 from the Permanent Secretary at the Department of Health 9 in which he apologises unreservedly on behalf of his 10 department for the difficulties encountered by 11 Miss Catherine Hawkins in preparing her evidence and the 12 consequent inconvenience experienced by the Panel. We 13 are grateful for the letter and hope there will be no 14 repetition of any such breakdown in support and 15 communication. 16 Mr Langstaff? 17 MR LANGSTAFF: Sir, for my part, I also have to follow up 18 something that was said at the outset of the hearings 19 earlier this week. 20 STATEMENT BY MR LANGSTAFF: 21 MR LANGSTAFF: On both Monday and Tuesday I have referred to 22 the position of Dr Bolsin. To my horror, it was pointed 23 out by him by e-mail from Australia that the transcript 24 records that I referred to him as a "businessman". It 25 is perhaps a testament to the quality of the 0001 1 stenographers that we have so few occasions in an 2 inquiry of this length when words which sound very like 3 other words are in fact mistranslated. What I had said 4 was that he was a 'busy' man. It is easy to see how 5 that became elided into "businessman", and it is also 6 easy to see how such a description would give either 7 offence or concern, or both, to a man who in fact is in 8 full-time employment as a clinician. 9 Lest there be any further concern in the reference 10 which I made to his media commitments, that was of 11 course a reference to the lectures which we understand, 12 and have been told by him, that he undertakes, no doubt 13 addressing the matters of clinical concern to him. It 14 should not be regarded as being any wider in intent than 15 that. If it was a misdescription, then I apologise and 16 the fault is mine. 17 Sir, it needs to be understood that of course he 18 is a busy man, with, and I quote from what I had said 19 earlier, clinical commitments. 20 I should say, just following up what I said 21 earlier about the likelihood of a video link, that 22 arrangements have yet to be confirmed for that, and 23 there remains, we hope, some possibility that Dr Bolsin 24 will, despite his commitments, nonetheless be able to be 25 here in person to give his evidence, and of course, to 0002 1 have it tested, as it needs to be to have full value, in 2 the week beginning 15th November. That is a week that 3 we have kept clear for some time, so that his evidence 4 can be heard at the proper time. 5 Hearing him in that week rather than at any other 6 time is in order that other Health Service professionals 7 may then be required to respond to the evidence that he 8 is likely to give. 9 We simply have, as it were, to watch this space to 10 see what final arrangements one way or the other can be 11 made, with, I am quite sure -- despite the 12 mistranslation of him as a "businessman" when he was in 13 fact a "busy man" on the transcript -- no doubt the 14 full co-operation of Dr Bolsin. 15 THE CHAIRMAN: Thank you, Mr Langstaff. 16 MR MACLEAN: Sir, this afternoon's witness is Dr Marianne 17 Pitman. Perhaps she could come to the chair, please. 18 Could I ask you to stand, please, to take the 19 oath? 20 DR MARIANNE ALICE PITMAN (SWORN): 21 Examined by MR MACLEAN: 22 Q. Your full name is Dr Marianne Alice Pitman? 23 A. That is right. 24 Q. Before you were married, your surname was Pearce? 25 A. That is right. 0003 1 Q. Can we look on the screen at WIT 317/1. If we see the 2 whole page, that is the first page of a written 3 statement that you have made to the Inquiry? 4 A. That is right. 5 Q. I think that statement was taken by the solicitors to 6 the Inquiry in conjunction with yourself? 7 A. That is right. 8 Q. You having been provided with some relevant 9 documentation by the Inquiry? 10 A. That is correct. 11 Q. Can we go to page 10, please. That is your signature, 12 is it? 13 A. That is right, yes. 14 Q. That is the last page of your statement? 15 A. Yes. 16 Q. Have you read that statement through recently? 17 A. Yes. 18 Q. Is there anything in it that you want to change or add 19 to? 20 A. There are one or two grammatical errors, but that is 21 because of the time-scale. Perhaps as we are going 22 through it I can point them out. They were my errors. 23 Q. There is nothing else of substance? 24 A. No. 25 Q. You worked for the Regional Health Authority throughout 0004 1 the period that the Inquiry is concerned with, 1984 to 2 1995? 3 A. Yes. 4 Q. Within the Regional Health Authority, the boss, if you 5 like, was the Regional General Manager; is that right? 6 A. That is right. 7 Q. Throughout the vast majority of the Inquiry's period, 8 the Regional General Manager was Catherine Hawkins? 9 A. Yes, that is right. 10 Q. Between, I think, August 1984 and 1992? 11 A. I think that is correct. 12 Q. Your immediate line manager was the Regional Medical 13 Officer? 14 A. That is correct. 15 Q. Or the Regional Director of Public Health. Those two 16 terms are to be read interchangeably, are they? 17 A. No, it depended where you were. Initially it was the 18 RMO and it was changed to the Director of Public Health 19 about the time when community medicine became public 20 health medicine, which was roughly in the middle of the 21 period. 22 Q. The Regional Medical Officers were sequentially 23 Drs Reynolds, Freeman and Mason? 24 A. That is right. 25 Q. Can you just help me by giving me an overall flavour of 0005 1 the role of the Regional Health Authority in the days 2 before the purchaser/provider split and before NHS 3 Trusts were introduced? What did the Region do? 4 A. You may have had some of this already from Catherine 5 Hawkins, but basically, there were a number of 6 departments. The RGM was the sort of head of the 7 officers of the RHA, but there was also a health 8 authority with a chair. The regional team of officers 9 were the executive officers and the lay members, who may 10 have been drawn from clinical specialties as well as 11 from other groups, were the non-executive directors 12 intersect. Together they form the Health Authority. 13 The Regional General Manager had a number of 14 departments with the equivalent of directors at the head 15 of them. One of them was community medicine or public 16 health medicine, which also included pharmacy and dental 17 advice, and the Regional Scientific Officer, who 18 administered the scientific equipment budget for the 19 Region, and that was things like linear accelerators, 20 radiotherapy, and the larger pieces of investigational 21 equipment, some of the catheterisation equipment. 22 Q. Can I interrupt you for a moment? You naturally speak 23 very quietly. 24 A. I am not sure where to address my comments, that is why. 25 Q. Could I ask you to speak up a little? I think you have 0006 1 a microphone on. Can I ask you to speak up a little 2 bit? 3 A. Okay, I will do my best. 4 THE CHAIRMAN: It is a dilemma for our witnesses because 5 they neither wish to disrespect us nor the more 6 important person over there. The most important person 7 is the person on your right, the stenographer, so if you 8 speak to Mr Maclean, we will entirely understand. 9 A. Okay. There were roughly five departments but there was 10 also a Works Department, which I did not really mention 11 in my statement; they were linked to capital planning. 12 There was a Service Planning Department which I was much 13 more closely involved with, and Human Resources, which 14 was to do with training and also human resources across 15 the Region, and a Finance Department. They were 16 obviously very closely involved with services planning 17 as well. 18 Q. How did it come about that you became involved in 19 cardiac services? 20 A. I cannot remember the details but the Regional Medical 21 Officer would, depending on how many people he had in 22 his department in terms of not just public health 23 consultants but also the other professional staff, 24 allocate responsibilities to cover areas. It did not 25 mean he or she would not necessarily also be involved in 0007 1 those areas, but we would do some of the routine work. 2 If something needed to be done, if that person was 3 there, he would go to that person first. 4 Q. So it was a question of delegation from the Regional 5 Medical Officer? 6 A. That is right, yes. 7 Q. How many "patches" did you have to keep a watch on? 8 A. It varied from year to year. It depended on what the 9 priorities were and how many other consultants there 10 were in the department. For substantial periods of time 11 I was the only consultant with the Regional Medical 12 Officer, and at other times there were three 13 consultants, so we had 30 specialties altogether, but 14 the Scientific Officer would have looked after probably 15 radiology and pathology and the Dental Officer would 16 have looked after the dentists. 17 So probably between us there would have been about 18 25, but they were not all active, necessarily, at the 19 time we were, each year. Sometimes, like in cardiac 20 surgery, four or five specialties would be involved. 21 It depended on the priority of the work, but it could be 22 up to 10 groups. 23 Q. Is it right that the key committee of the Regional 24 Health Authority for our purposes was the Regional 25 Health Authority Medical Advisory Committee and its 0008 1 various sub-committees? 2 A. Yes. That was one of our key links to the profession. 3 Q. Who would sit on the Medical Advisory Committee? 4 A. The regional hospital one started off when I first went 5 to the RHA with Chairmen of the various specialties' 6 sub-committees, and then around the time that we knew 7 the purchaser/provider split was going to happen, we got 8 nominations from the shadow Trust as to a medical 9 representative from each Trust, but the RMO was at pains 10 to try and mix the specialties. There was also 11 representation from primary care because they had their 12 own separate committee in the latter part of the period. 13 Q. So sitting on that committee would be people who worked 14 for what were going to become providers, as well as 15 people who worked for what were going to become 16 purchasers? 17 A. No. I think there was only one purchaser 18 representative. I cannot remember but I do not think 19 they were there all the time. I think it was latterly 20 that they were there. 21 Q. So the District Health Authorities had a minimal role to 22 play in that committee? 23 A. Yes, because the RMO had another committee of Directors 24 of Public Health and I think, as far as I remember, what 25 happened was that a representative of the DPHs sat on 0009 1 the sat on RHMAC, so they were like another 2 sub-committee. 3 Q. The Regional Health Authority Medical Advisory Committee 4 produced a number of advisory statements, did it not, 5 some of which were concerned with cardiac services, 6 which we will look at in a moment. 7 A. That is right. 8 Q. How much of your time then was devoted to cardiac 9 surgery and cardiology? 10 A. Probably when the statements were being developed, say 11 over a couple of months, a day a week, and that would 12 include going to several sub-committee meetings. At 13 other times it could be half an hour a week, or maybe 14 a day because I had to go to a bigger meeting with the 15 RMO. 16 Q. Did this work mean that you became familiar with the 17 clinicians who worked in that field? 18 A. If I went to the sub-committees -- I remember going to 19 a number of cardiac sub-committee meetings. I became 20 familiar with the clinicians across the Region in that 21 field. It depended on them which clinician they sent, 22 so I would only really have known the sub-committee 23 members. 24 Q. So that would have included, would it, cardiologists and 25 cardiac surgeons from Bristol? 0010 1 A. Yes, and radiologists. 2 Q. So you would have known Dr Joffe and Dr Jordan? 3 A. Well, I think it was Dr Joffe that was mostly on the 4 committee, but Dr Jordan may have been at some time 5 because they tended to rotate. 6 Q. What about the surgeon representatives? 7 A. I cannot remember the details, but initially it was 8 Mr Keen, who I think retired quite early on, and was at 9 one time Chairman of the committee. Then probably it 10 was Mr Wisheart, for a period of time. Then I think it 11 was Jonathan Hutter who came latterly. I do not 12 remember Mr Dhasmana being on that committee, but he may 13 have been. 14 Q. This sub-committee of the Medical Advisory Committee was 15 not concerned specifically with adults or with 16 paediatric cases; it was concerned with both? 17 A. It was concerned with heart disease of all types. 18 It was to a great extent concerned with adults because 19 there was a deficit in the service in the Region. 20 The other forum in which there would have been some 21 discussion about cardiology and cardiac problems in 22 children was the paediatric sub-committee. 23 Q. Did you sit on that, or attend that? 24 A. I attended it when I could. 25 Q. Just so that the Inquiry has it right in terms of the 0011 1 different health authorities that existed, rather 2 confusingly, at different times throughout the Inquiry's 3 period, can I take you, please, to the statement of 4 Pamela Charlwood, who is the Chief Executive of the Avon 5 Health Authority, at WIT 38/5. 6 Can I ask you to read, please, paragraphs 3 and 4 7 on that page? (Pause). Have you read that? 8 A. Yes, thank you. 9 Q. You agree with that, do you? 10 A. I was trying to work out whether it really was 11 11 district health authorities, but ... it was certainly of 12 that order. 13 Q. Let us go over the page, page 6. Can you look, please, 14 at paragraphs 6 and 7? (Pause). 15 THE CHAIRMAN: Did you ask for paragraphs 6 and 7, not (vi) 16 and (vii)? 17 MR MACLEAN: Paragraph 6 deals with the institution of 18 Trusts under the National Health Service Community Care 19 Act 1990 and the UBHT which, as we know, came into being 20 on 1st April 1991. 21 Then paragraph 7, the Bristol & Weston District 22 Health Authority was abolished on 1st October 1991 and 23 that old authority combined with Frenchay and Southmead 24 district health authorities into the new Bristol and 25 District Health Authority; right? 0012 1 A. Yes. 2 Q. Then if we go over the page again, please, page 7, 3 paragraph 8(ii): 4 "During the life of the Bristol and District 5 Health Authority, the government determined a further 6 reorganisation of health authorities by the amalgamation 7 of district health authorities and family health service 8 authorities and the abolition of the regional health 9 authorities." 10 Then Ms Charlwood says: 11 "For the reasons I have mentioned in paragraph 1.1 12 above, Bristol and District Health Authority and the 13 Family Health Services Authority, the Avon Family Health 14 Services Authority, decided to anticipate that 15 legislation and made arrangements under its remit 16 jointly under the name of Avon Health Commission in 17 order to conduct business, with the Commission's 18 decisions being ratified by formal meetings of the two 19 authorities." 20 Then she mentions legislation. So from 1st April 21 1996 -- over the page again to page 8 -- the South West 22 Regional Health Authority was abolished. So was the 23 Bristol and District Health Authority. The South and 24 West regional office of the NHS Executive was created. 25 So was the Avon Health Authority, which Pamela Charlwood 0013 1 remains the Chief Executive of; is that right? 2 A. Yes. Certainly the regional part is. I do not have the 3 memory to remember about the Commission, I am afraid. 4 Q. So the Avon Health Authority is essentially, for our 5 purposes, the successor to the Bristol & Weston Health 6 Authority which existed through the 1980s, and the 7 Regional Health Authority, which was abolished at this 8 time, as it were, disappeared into the South and West 9 Regional Office of the NHS executive? 10 A. Yes. There was a step in-between where we took on part 11 of the old Wessex region. It is not actually included 12 in this. 13 Q. That was in 1994? 14 A. Yes. 15 Q. What was the impact of that? 16 A. It did not quite double the population the office was 17 responsible for, but it was pretty well doubled, so we 18 had something over 6 million people in the population. 19 Q. I think the South Western Regional Health Authority merged 20 with the Wessex region in 1994? 21 A. That is right. That was to form the South and West RHA. 22 Q. Did you retain the position you had held before that 23 merger took place? 24 A. We were slotted in. It was a concept the NHS had of 25 trying to match people against similar jobs, so 75 per 0014 1 cent of the job had to be similar for you to be slotted 2 in. If there were other people who could claim the same 3 job, there was then a competition; or if the job was 4 less than 75 per cent the same, there was an external 5 competition. But the job that I had was reckoned to be 6 more than 75 per cent similar. 7 Q. So you, as you put it, slotted into a very similar job? 8 A. Yes. 9 Q. In the new merged authority? 10 A. Yes. 11 Q. And working still for the same boss? 12 A. From year to year it varied, and by then it was not 13 exactly the same. I was very closely involved with 14 cancer services from the late 1980s, and that gradually 15 became a much greater part of my job. 16 Q. What was the role of the regional office of the NHS 17 Executive? 18 A. It was different in that it did not have a health 19 authority, so there were only civil servants in the 20 regional office, in effect. 21 Q. No doctors? 22 A. No, some of the civil servants are doctors, but we were 23 civil servants and not members of the NHS in the same 24 way, and we were not responsible to the Health 25 Authority; we were responsible to the Secretary of 0015 1 State, obviously through the various tiers. 2 Q. What was the difference between that and the regional 3 outposts? 4 A. They were set up about the same time, I think, as the 5 Trusts were separated from the health authorities, to 6 performance manage the Trusts, and they were directly 7 responsible to the Secretary of State. 8 Q. So the regional outposts had a role vis-a-vis the 9 Trusts, but not a role in connection with the Regional 10 Health Authority? 11 A. There was liaison between them. They were based in 12 Bristol. I do not remember the details, but there may 13 have been slightly different boundaries. For our 14 purposes, our regional outpost was in Bristol. 15 Q. The regional outposts have been described to the Inquiry 16 by Steve Boardman, who was originally one of the 17 directors of the Trust, as being "very low profile". 18 Is that a description you would recognise of the 19 regional outposts? 20 A. They were at my level within the RHA, but I cannot say 21 what the profile would have been at Miss Hawkins' or 22 Dr Mason's level. 23 Q. But for you they were low profile? 24 A. Yes, because they did not contain medical advisory 25 staff. That was the main reason. 0016 1 Q. Can we move to supra-regional services? As you know, 2 Bristol was designated as a supra-regional centre for 3 neonatal and cardiac surgery in 1984. What did you 4 understand the selection criteria to be for that 5 nomination in Bristol? 6 A. It was fairly early on in the development of the 7 supra-regional services that neonatal and infant cardiac 8 surgery up to 1, in effect, were included in the list. 9 So far as I can remember, the department put out feelers 10 as to places that might be interested in being 11 recognised. One of the conditions was that they should 12 serve more than their local regional population -- it 13 was to be truly supra-regional but there would not be 14 one in every region. Certainly in the later returns 15 they had to enumerate the number of patients that they 16 treated and what they anticipated treating in future. 17 Q. That would explain why there might be a supra-regional 18 service for neonatal and infant cardiac surgery, but why 19 did you understand Bristol to be selected as one of the 20 centres? 21 A. I was not intimately involved with the very early 22 stages. I think it went through the RGM who would have 23 been somebody prior to Miss Hawkins. I think first of 24 all it would have been informal and then they would have 25 set up a draft list and then tried it out informally on 0017 1 the RHA and the health authorities to see whether they 2 agreed that it would be helpful or whether they wanted 3 to send patients to centres elsewhere, because Oxford 4 did not have a centre at that time. 5 Q. These feelers that were put out by the department: they 6 would be put out to the Regional Health Authority, would 7 they? 8 A. That is what I anticipated. I was not actually in line 9 with that, but I remember, when they set up the eye 10 bank, which was a supra-regional service in the Eye 11 Hospital, that there was a statement of interest by the 12 clinicians and the managers of the Eye Hospital that 13 they had something which they recognised was a service 14 that was wider than the regional service. What 15 I anticipated was that the RGM facilitated a dialogue 16 and eventually the forms to be filled would appear, but 17 there would have been a discussion in the supra-regional 18 forum about whether they wanted to consider that 19 specialty, which we would not have taken part in, or 20 I would not have taken part in. 21 Q. So the clinicians would say, "We have a potentially 22 supra-regional service and we think we ought to be 23 designated as a centre", and would then effectively 24 lobby the Region to put their name forward to the 25 Department, who would then choose from the list that was 0018 1 submitted from the different regions? 2 A. Or it could have come the other way, because the 3 Department had medical advisors who would have spotted 4 specialties that needed development in a supra-regional 5 setting. 6 Q. But you cannot help us with precisely why Bristol was 7 designated? 8 A. No. I think -- no, I have no idea. 9 Q. The South West Regional Health Authority had a Cardiac 10 Surgery Working Party already by 1984? 11 A. I think that was probably linked to knowing that 12 supra-regional funding was there. 13 Q. Can we look at HA(A) 95/4? This is the notes of the 14 Working Party. If we just scan down the page, just stop 15 at the people present, please. You are the fourth name 16 down there, are you not, Dr MA Pearce? 17 A. Yes. 18 Q. Who was Mr Everest? 19 A. He was the chair. He came I think from either Capital 20 Planning or Service Planning, but he was an 21 administrator/manager in the RHA. 22 Q. We see from the Bristol & Weston Health Authority, 23 amongst others, Dr Joffe, Mr Nix, Dr Wilde and then two 24 surgeons, Mr Keen and Mr Wisheart; and Dr Jordan sent 25 his apologies? 0019 1 A. Yes. 2 Q. If we go to page 8, please -- just before we look at 3 this page, what is your recollection of the position 4 about throughput of paediatric cases in Bristol in 1984 5 at the time when designation first took place? 6 A. That it was relatively small for a supra-regional centre 7 because the population served was not much more than 8 a regional population. 9 Q. What were the bits outside of the Region which were 10 served by the centre? 11 A. Gwent and Wiltshire, because Bath was outside the 12 Region, so Bath was included within Wiltshire. 13 Q. So essentially the South West region, plus Gwent plus 14 Bath? 15 A. Yes, the middle to north part of the South Western 16 region. 17 Q. And what about the rest of the South West region? 18 A. For a long period, I think from probably the beginning 19 of the start of services in London, patients were sent 20 to London and to Southampton because that centre was set 21 up prior to the Bristol one. What I am saying to you is 22 hearsay because I was not actually around when the 23 Southampton centre was set up or the Bristol centre, but 24 what they said to me was that they had a long history of 25 sending patients to Southampton and prior to that, to 0020 1 London. 2 Q. Southampton was outside the South West Regional Health 3 Authority's area; it would be in Wessex? 4 A. It was in Wessex, yes. 5 Q. Did the Regional Health Authority ever try to persuade 6 the southern part of the region to stop sending its 7 patients to London or to Southampton and start sending 8 them to Bristol instead? 9 A. I do not think I can answer that because I cannot answer 10 for the regional team of officers and the discussions 11 that they had. 12 Q. Would that be something you would have expected the 13 Region to have done, to want its own Region to send its 14 patients to the supra-regional centre located within 15 that Region? 16 A. No. The regional boundaries were set up for 17 administrative purposes rather than for health 18 purposes. No, there was always going to be travel 19 across regional boundaries. 20 Q. I think we are getting quiet again. We are having 21 a discussion between ourselves. The audience, I think, 22 is struggling to hear what we are saying. 23 A. I will try harder. I am having some difficulty hearing, 24 I think because it is vibrating a bit. 25 Q. Can we scan down that page, please? 4.1.4: 0021 1 "Throughput of paediatric cases. Observations to 2 be discussed at next meeting of Working Party. 3 "It was agreed that these considerations (which 4 formed part of the adult/paediatric cardiology package) 5 should be brought to the attention of the project team 6 on 13th February 1984." 7 The action there was Mr Everest, the Chairman. Do 8 you remember what that was all about? 9 A. Can we go back up the page a bit (page scrolled) and 10 back down. I think it was to do with the BRI and trying 11 to get the ... because it was cardiology. I think it 12 was to do with trying to get the catheterisation 13 situation sorted out. 14 Q. To get the cath' lab at the Children's Hospital? 15 A. Yes. 16 Q. Can we look at WIT 74/565, please? This is a letter to 17 you from Dr Baker dated 1st March 1984. If we go to the 18 bottom of the page, we see Dr Baker was Acting District 19 Medical Officer at the Bristol & Weston District Health 20 Authority. 21 If we look at the text of that letter, you had 22 prepared a draft discussion paper on open paediatric 23 cardiology and surgery. You replied to this letter at 24 HA(A) 95/69. I want to look at the penultimate 25 paragraph: 0022 1 "With regard to the funding arrangements for the 2 expansion, we do not yet know what form they will take." 3 That is the expansion of cardiac services. 4 "At the moment, the expansion of up to 600 cases 5 is inclusive of paediatric cases because it was 6 considered that they would increase markedly in the 7 short term. However, if the population increases under 8 supra-regional arrangements, this may need to be 9 reassessed, or if any children who are not at present 10 operated on are included, this may again lead to 11 reassessment." 12 What was the reason why it was considered that 13 paediatric cases would increase markedly in the short 14 term? Who considered that that would be the case? 15 A. I think it was one of the options that we were 16 discussing within the RHA, that it might increase. 17 Q. How was that going to happen if the southern part of the 18 region was going to keep sending its patients to 19 Southampton or to London and if it was only the rest of 20 the South Western region plus Gwent plus Bath that was 21 sending patients to Bristol? Why should there be 22 a marked increase, in the short term, of paediatric 23 cases? 24 A. It would really be if the Welsh Office decided they 25 wanted the patients to come in to. 0023 1 Q. So this is an anticipated increase from Wales? 2 A. As far as I remember. 3 Q. Can you help me then with the next sentence: 4 "If the population increases under supra-regional 5 arrangements, this will need to be reassessed." 6 What does that mean? 7 A. I think there were moves by the supra-regional forum 8 that the populations for the units which they were 9 serving should be as large as possible, and as I said 10 before, Oxford did not have a service in its own 11 region. I think there were discussions also with Oxford 12 about what was going to happen there, but I was not 13 party to that. 14 Q. You mean Bristol had its eye on getting patients from 15 Oxford? 16 A. I cannot answer that. I do not know whether Bristol 17 itself made overtures, but certainly the RGMs would have 18 discussed the position across not only the Welsh Office 19 but neighbouring regions. 20 Q. So the Regional General Manager in this area would have 21 had discussion with other Regional General Managers for 22 areas which did not have a supra-regional centre? Would 23 that be right? 24 A. Yes. They would have met with other Regional General 25 Managers on a regular basis. 0024 1 Q. There was no Regional Health Authority in Wales? 2 A. That is right. 3 Q. So who was the equivalent of the Regional General 4 Manager in Wales? Who would Catherine Hawkins want to 5 talk to in Wales? 6 A. I do not know. I would anticipate she would talk to 7 both the Welsh Office and certainly South Glamorgan, as 8 it was a teaching authority. 9 Q. That is Cardiff, essentially? 10 A. Yes, that is right. I do not know what other 11 arrangements they had to link together the health 12 authorities. They may well have had their own 13 arrangements. 14 Q. Let us have a look at WO 1/124, please. Do you remember 15 this document, the Bristol & Weston Health Authority 16 Strategy for Neonatal Care? 17 A. I did not until I was given a copy of that by 18 Mr Whitehouse. 19 Q. But you have seen this copy? 20 A. Yes, I have read it recently. 21 Q. So this is not a regional document, it is a Bristol 22 & Weston document? 23 A. Yes. 24 Q. It is covering an eight-year period. It is dated 25 I think, if we look down the page, May 1986. 0025 1 Can we go to page 129, paragraph 3.3? There is 2 reference made there to targets, surgical targets. We 3 see in the fourth line: 4 "Services have surgical targets for children of 5 all ages of 180 open procedures at the BRI and 70 closed 6 procedures at BCH..." 7 Who would have set those surgical targets? 8 A. I think they originally would have been discussed by the 9 Health Authority with the clinicians because they would 10 have wanted to draw information from other units and the 11 clinicians would have had access. They would probably 12 have been discussed with us, but as it is a Bristol 13 & Weston document, they would have set the targets 14 themselves. 15 Q. And they would have been based on what? On the 16 population in the catchment area and the prevalence of 17 heart disease among the population? 18 A. On the best information they could get their hands on at 19 the time. 20 Q. So those targets would be district targets? 21 A. Well, they are certainly in a Bristol & Weston document, 22 and whether this is a daft document or one that has gone 23 to the Health Authority, I am not sure. 24 Q. Let us look at paragraph 4.3, page 131. 25 "Resources for neonatal cardiology and cardiac 0026 1 surgery will be made available as these services expand 2 to meet regional targets. The revenue requirements have 3 to be kept to agreed average costs nationally." 4 So there is a reference to regional targets. What 5 sort of targets did the Region set? 6 A. There are some other papers with a number of options in 7 them, and they would have been very similar because we 8 would have got the advice from some of the same sources. 9 Q. But targets about what? Targets about number of 10 operations? 11 A. They are likely to be targets about catheterisations and 12 operations. 13 Q. So the Region said there should be X catheterisations 14 per year and Y operations per year? 15 A. In fact I think what happened was, there were a number 16 of options in the documents that were discussed. 17 Q. You see, what I am trying to get at is what is the 18 relevant hierarchy of target setting? 19 A. Right. 20 Q. If somebody sets a target, then one might expect if the 21 target is not met there is some sanction for missing 22 a target or somebody checking whether the target has 23 been met. 24 A. I think there would not just have been clinical targets, 25 there would have been financial and other targets in 0027 1 there. They are likely to have said, "Given a certain 2 amount of resource, we can provide a certain amount of 3 service". 4 Q. Let us go back to page 125. Perhaps it will put it in 5 a little more context. 6 "This strategy takes into account the state of the 7 present services, future demands, resource requirements 8 and the policies of the District and Regional Health 9 Authority." 10 Then you see in the third paragraph: 11 " ... the District Health Authority, in following 12 Regional policy guidelines, has advised that in the 13 present financial circumstances of the district, no 14 additional district resources can be put to acute 15 services ...", etc. 16 If we scan down the page: 17 "The strategy has been accepted as one which takes 18 into account the regional commitment to provide adequate 19 facilities for the intensive care of infants and 20 consultation with neighbouring authorities if 21 necessary ..." 22 So that would all tend to suggest that the Bristol 23 & Weston document was subservient to overarching targets 24 set by the Regional Health Authority and that the 25 District was constrained by the policies of the Regional 0028 1 Health Authority in what it could or could not do? 2 A. For infants it would have been set by the supra-regional 3 group because they would have set the level of finance 4 they were prepared to give against a number. This is 5 talking about infants, in the less than one year. 6 Q. Leaving that exceptional group aside, what I said was, 7 generally speaking, the position? 8 A. Yes. To me, the regional target is something which has 9 gone through the RHA, it is a commitment. The regional 10 guideline is something that officers within the 11 authorities would have discussed and aimed to achieve. 12 Q. The Region held the purse strings, did they not? 13 A. It had the overall budget, but health authorities had 14 some, as you suggested on the acute side, in deciding 15 how they spent their budget. 16 Q. But for the major development of a major service, 17 especially a service serving a Region or an area greater 18 than a Region, it was not something that a District 19 Health Authority could embark upon without specific 20 support from the Region? 21 A. Yes. They would certainly have had support from the 22 Region. I am not sure how the Regional Finance Officer 23 would have carried out his discussions, what sort of 24 levels were expected and what would happen if they did 25 not met them, so far as the finance was concerned. 0029 1 Q. If there were targets for operations, catheterisations 2 or full-blown operations set by the Region, amongst 3 others, what happened if those targets were not met? 4 A. That was what I explained to you, that there were 5 a number of people involved. It would have been 6 a regional team of officers, the Regional Finance 7 Officer and probably the RMO and others who were 8 involved like the Service Planning Officer who decided 9 at what level they should be encouraging the District, 10 and districts at that time were encouraging their units 11 to hit those targets or guidelines. 12 Q. Did the Region have any role itself in encouraging -- if 13 for example the target was missed in a particular year, 14 could the Region do anything itself positively to try to 15 ensure the target was met the following year by, for 16 example, trying to persuade those places in the Region 17 which sent its work elsewhere to send its work to the 18 centre within the Region? 19 A. It would have first enquired of the district in question 20 why they thought they were not hitting the target. If 21 that appeared to be something they had included within 22 the options as to how they might hit the target, yes, 23 they might in the reviews of districts, but I was not 24 directly involved in the reviews. I do not know how 25 that was handled. 0030 1 Q. You got a letter, I think, from the Supra Regional 2 Services Advisory Group which said that the Department 3 was anxious to encourage referrals being made to 4 Bristol. Just let me find the reference for that. We 5 will come to it; it is in here somewhere. As far as 6 Wales was concerned, when Bristol was designated there 7 was potential, was there not, for Cardiff to be 8 designated as a supra-regional centre? 9 A. I cannot tell you that. I do not know what the 10 arrangements were in the Welsh Office. 11 Q. In your statement at paragraph 34, you say that it was 12 clear that both Cardiff and Bristol could not be 13 designated given the available population in the South 14 Western Region and South and West Wales? 15 A. What I was meaning was, I think the Welsh Office had 16 a different arrangement for recognising supra-regional 17 centres and, yes, the populations were quite small 18 compared to larger regions in the north, or in London, 19 and a joint arrangement was suggested later as one of 20 the options. 21 Q. There was some confusion as to whether or not Welsh 22 children sent to Bristol were within or without the 23 supra-regional arrangements; is that right? 24 A. That is right, yes. 25 Q. Let us look at HA(A) 29/60. This is a letter from you 0031 1 to Dr Baker. He was then Acting District General 2 Manager? 3 A. Yes. 4 Q. You had had an enquiry from a Dr Skone in South 5 Glamorgan, which was Cardiff? 6 A. That is right. 7 Q. His reply is at HA(A) 29/59. He says: 8 "I think it is critical that the service given 9 from Bristol relates to the supra-regional catchment 10 population for which we are funded. If you are advising 11 me that South Glamorgan lies outside this catchment 12 population, then I think we would have to ask Dr Skone 13 and his authority to be quite explicit about their 14 service requirements in order that this can be costed 15 and an appropriate direct revenue and capital charge 16 made upon them. Perhaps you could confirm whether or 17 not South Glamorgan lies within the supra-regional 18 catchment population and if they lie outside, whether or 19 not the Region would be happy to encourage a direct 20 charging mechanism made for any services required by 21 South Glamorgan." 22 In other words, "Are we going to charge South 23 Glamorgan for neonatal and infant patients sent to 24 Bristol?" 25 Your reply is HA(A) 29/58, 20th October 1986. 0032 1 You say: 2 "As I understood it, the supra-regional units were 3 expected to take up infants they were offered from 4 whatever region and that Wales was included for this 5 purpose as a region." 6 In other words, you do not get any extra money 7 with patients coming from Wales as opposed to coming 8 from along the road in Bristol; right? 9 A. Yes. It was related to the number of infants they 10 actually treated. 11 Q. Exactly. You also wrote to the Supra Regional Services 12 Advisory Group on the same day to check the position, 13 did you not? UBHT 62/213. It was the next day you 14 wrote, actually. This is a reply from Anthony Hurst, 15 who was the Administrative Secretary at the beginning of 16 the period of supra-regional services. If we go up the 17 page again: 18 "Dear Dr Pitman, 19 "Thank you for your letter of 21st October ..." 20 Then he essentially says what you have said to 21 Dr Baker in the first large paragraph. Then he says 22 this: 23 "Having said that, I confirm that when the 24 decision was made to designate Bristol as 25 a supra-regional centre for neonatal and infant cardiac 0033 1 surgery, it was anticipated that it would treat babies 2 referred from South and West Wales. The supra-regional 3 procedures would have enabled us to allocate additional 4 funds to the Bristol centre as the workload increased. 5 We are anxious to do what we can to encourage referrals 6 from Wales because we would like to see activity levels 7 in Bristol rise, but there is no mechanism which enables 8 us to influence clinicians, particularly Welsh ones, 9 since health services in Wales are not a DHSS 10 responsibility." 11 So he would like the numbers to go up, but there 12 is not a lot he can do about it is what he is saying. 13 Having received that letter, what did you draw 14 from that paragraph, that penultimate paragraph of the 15 letter? 16 A. In what way? 17 Q. What impact did that have on you, the Department saying 18 they were anxious to do what they could to encourage 19 referrals from Wales? 20 A. I am sorry, I cannot remember. I would obviously have 21 given the letter to Ian Baker, but what other actions 22 I took I would have discussed, I am sure, with the RMO 23 and probably with people in the other parts of the 24 regional office, such as finance and planning. 25 Q. We may have touched on this earlier, but the Department 0034 1 is saying it would like to encourage referrals, but they 2 cannot influence clinicians. 3 Did the Regional Health Authority also want to 4 encourage referrals to Bristol? 5 A. They were certainly in support of a continuing dialogue 6 with Wales, which would mean, yes, they did want to 7 increase their number of referrals. 8 Q. What was the mechanism by which the Region could bring 9 about an increase in referrals? 10 A. Initially, the Regional Medical Officer would have 11 talked to the Chief Medical Officer for Wales, which was 12 what was happening at the time. 13 Q. Dr Crompton? 14 A. Yes, by then, yes. 15 Q. So essentially, it was a process of exhortation, was it, 16 from the Regional Medical Officer to the Welsh Medical 17 Officer, saying, "Please send your patients to 18 Bristol"? 19 A. I am not sure it was necessarily in those terms, but 20 there would have been a continuing dialogue where the 21 Welsh Office stood. 22 Q. I am still slightly puzzled as to why the South West 23 Regional Health Authority should be going to all this 24 trouble in trying to attract business from Wales that 25 for a long time had been going elsewhere, and yet still 0035 1 saw a large part of its own area sending patients to 2 Southampton and to London? 3 A. I think in fact that it was not that we were necessarily 4 trying to divert patients, but there was an increasing 5 need because the cardiologists were able to investigate 6 more efficiently and the surgeons were able to treat 7 more effectively as well, so the numbers were going to 8 increase anyway. 9 Q. It must have been diverting from somewhere? 10 A. No, not necessarily. They could do more for small 11 babies. It came at a time when there were improvements 12 in equipment and treatment. 13 Q. If there was an established referral pattern in the 14 South West Region, there would also be an established 15 referral pattern in those parts of Wales that did not 16 send people to Bristol, and yet the focus seems to be on 17 garnering business from Wales rather than making sure 18 that the South West Region sent its patients to its own 19 supra-regional centre? 20 A. Well, I can only conclude that there had been 21 discussions right at the beginning, as Mr Hurst implies, 22 about including Wales in the Bristol centre in some 23 form, and that was why there was an emphasis on that. 24 Q. The ones that Mr Hurst is talking about is Wales in the 25 context of the supra-regional service, but that was only 0036 1 for neonates and infants; it would not apply to anyone 2 over the age of 1 because then they would tip outside 3 the supra-regional service and then it is like any 4 cross-region referral? 5 A. I think once a child has been referred to a centre, 6 although there would be local paediatricians and 7 cardiologists who would help with the care, it is 8 unlikely they would then be referred to another similar 9 centre. Drs Jordan and Joffe were actually visiting and 10 doing outpatients in South Wales. 11 Q. If we just look at that letter from Mr Hurst again, 12 please, in the last paragraph he says: 13 "I have discussed this matter with Dr Jennifer 14 Lloyd in the Welsh Office, copying her your letter and 15 my reply." 16 Do you remember if Dr Lloyd ever got in touch with 17 you? 18 A. No, I am sorry, I do not. 19 Q. Let us look at HA(A) 29/57. This is a letter from John 20 Skone, who was the Chief Administrative Medical Officer 21 in the South Glamorgan Health Authority, to you dated 22 27th October 1986. 23 Let us look at that. You see from the second 24 paragraph that there was a project team that had been 25 set up to plan the cardiac development at the University 0037 1 Hospital of Wales, Cardiff. Then he says: 2 "The Professor of Cardiology has recommended that 3 neonatal and infant cardiac surgery should be undertaken 4 in Wales but the project has run into difficulties." 5 He refers to the costs and so on. Then he says: 6 "I have not seen the report but understand that 7 Bristol is the nominated centre for Wales and the South 8 West." 9 He then goes on to say: 10 "It was indicated in documents attached to your 11 letters to Dr Thomas that a small number of patients 12 from Wales, presumably living in Gwent, were being 13 referred to Bristol ..." 14 If we look down the page, please: 15 "There is debate about the number of operations 16 that would be generated and no doubt you have figures 17 from the South West on this point. As far as I know, 18 I have not written to you asking whether Bristol 19 & Weston were able to take on further neonatal cardiac 20 surgery from Wales, and under the circumstances it seems 21 sensible to await a ministerial decision about 22 paediatric cardiac surgery in the principality." 23 The decision that was taken in the end was that 24 there should be an encouragement of Welsh cases to be 25 referred to Bristol; is that right? 0038 1 A. It was Welsh cardiac surgery, and I think, as 2 I remember, they were hoping to do some of the 3 investigation in Cardiff. 4 Q. But there was going to be a link between Cardiff and 5 Bristol for the surgery? 6 A. Yes, that is right. 7 Q. You have read the evidence of Dr Crompton, Professor 8 Crompton as he is now, and Mr Gregory to the Inquiry on 9 this point? 10 A. Yes. 11 Q. This correspondence with South Glamorgan was separate, 12 was it not, from the correspondence that South West 13 Region was having with the Welsh Office? 14 A. Can you expand what you mean by "separate"? 15 Q. Let us look at HA(A) 29/56. 16 This is 4th November. You received "the attached 17 letter" from South Glamorgan, and I assume that the 18 "attached letter" is the letter we just looked at, 19 partly because the time-scale is right and partly 20 because it is the next document on in this file. 21 A. Yes. 22 Q. "I am at present trying to get hold of a copy of the 23 1986 joint report on cardiac surgery. It is the Welsh 24 Office, not South Glamorgan, who are visiting at the end 25 of November." 0039 1 So there were two different strands going on: 2 there was correspondence from South Glamorgan and 3 correspondence with the Welsh Office? 4 A. I think we were actually having a four-sided debate, 5 although it appears separate. I think my letters are 6 only part of the jigsaw. 7 Q. On 21st November 1986, there was a meeting with 8 Dr Crompton and other representatives from the Welsh 9 Office. Let us have a look at UBHT 165/15. That is 10 your letter to Mr Dhasmana, inviting him to that 11 meeting? 12 A. Yes. 13 Q. What did you understand the trigger for that meeting to 14 have been? 15 A. It could have been a discussion Mr Hurst had with them. 16 It could have been discussions that either Miss Hawkins 17 or Dr Mason or somebody else within the Regional Health 18 Authority had had. I do not know. I cannot remember. 19 Q. Do you remember what the purpose of the meeting was? 20 A. As it says, to see the paediatric cardiac and cardiology 21 unit. 22 Q. The "highlight" purpose is to come and have a look 23 around, but what are they going to do with the 24 information they glean from the visit? 25 A. Consider the Welsh position, internally in Wales, and 0040 1 possibly with us once they come to a clear line on where 2 they wanted to go, because I think they were still in 3 doubt as to which direction they were wanting to pursue. 4 Q. Can we have a look, please, at WIT 70/4, paragraph 10? 5 This is the statement from Dr Crompton to the Inquiry. 6 "The second visit was in the autumn of 1986 and 7 a report of this written by Dr Jennifer Lloyd ... 8 appears as a minute in the Welsh Office bundle referred 9 to earlier in this document. On this occasion we were 10 motivated to explore for ourselves whether there was any 11 substantiation of Professor Henderson's critical 12 comments about the unit." 13 Did you know about critical comments Professor 14 Henderson had made about the Bristol unit? 15 A. No. I was not aware of them. 16 Q. You were at the meeting in November 1986? 17 A. I can remember being at a meeting with Professor 18 Crompton. Whether it was that one, unless you have 19 a note ... 20 Q. You cannot explicitly remember whether it was this one? 21 A. No. I do remember being at a meeting with Professor 22 Crompton, but which of those it was ... 23 Q. What is your recollection of the meeting that you do 24 remember being at? 25 A. The part I remember was a meeting with him in the RHA 0041 1 offices and I am fairly sure there were District Health 2 Authority people such as Dr Baker there, but who exactly 3 it was, I cannot remember, as well as ourselves, which 4 would probably have been the RMO and myself, plus 5 possibly people from service planning. 6 Q. And Dr Crompton and his people? 7 A. Yes. 8 Q. Do you remember any discussion there about whether the 9 Bristol unit was falling below acceptable standards? 10 A. I do not remember it. I think I would have remembered 11 it if there had been a major part of the discussion 12 about it, because we would also have been concerned. 13 Q. But if Dr Crompton is right and the raison d'etre of 14 this meeting was to see for themselves, as he puts it, 15 whether there was anything in the criticisms that 16 Professor Henderson had made of Bristol, it is very 17 likely, is it not, that those matters would have been 18 ventilated by the Welsh people at the meeting? 19 A. Yes, but as I say, I cannot remember which of the 20 meetings I went to. I am fairly sure if they went to 21 the supra-regional unit, they may well, at at least one 22 other of those meetings, have come to the RHA. 23 Q. So your evidence is that you, in November 1986, do not 24 remember ever having heard that Professor Henderson had 25 expressed concerns about Bristol? 0042 1 A. Yes. 2 Q. And you do not remember Professor Henderson's concerns 3 having been raised at any meeting you were at, although 4 you do remember being at one meeting, albeit you cannot 5 remember specifically, if it was the November 1986 one? 6 A. No, I cannot remember specifically which one it was. 7 THE CHAIRMAN: Mr Maclean, I wonder, it being one and 8 a quarter hours since we began, whether this would not 9 be an appropriate time to take 10 minutes for a break? 10 MR MACLEAN: It would. 11 THE CHAIRMAN: And therefore come back at just around 2.30. 12 (2.20 pm) 13 (A short break) 14 (2.35 pm) 15 THE CHAIRMAN: Mr Maclean? 16 MR MACLEAN: Dr Pitman, we were dealing before the break 17 with the Welsh Office and Dr Crompton and the meeting 18 that took place and so on. 19 Before I come back to that, I just want to take 20 you in your statement to paragraph 18. This must be 21 WIT 317/4. You say there: 22 "Any consultant could ask for an interview with 23 the RMO if they had confidential information to input. 24 I would not necessarily have been invited to every 25 meeting in my area of interest." 0043 1 In so far as you are aware, how often were such 2 interviews with the RMO requested by consultants? 3 A. Relatively frequently. I would know because I would 4 meet individual consultants walking along corridors. 5 I was not in the office every day, so I would probably 6 meet a consultant out of a meeting, a sub-committee 7 pattern, about once a week in the offices. So quite 8 frequently. 9 Q. With the corollary of the consultant being able to ask 10 for an interview with the RMO, be it that the RMO was 11 equally able to request an interview with the consultant 12 if the RMO wished? 13 A. Yes, that is correct. 14 Q. So if the RMO was concerned about, let us say, referral 15 patterns, the RMO would be able to call up or write to 16 the consultant whose referral pattern was in question 17 and ask them to explain themselves? 18 A. Yes. They could either ask them to come and see them or 19 go and see them themselves, or telephone them. It 20 depended on the matter in hand. 21 Q. So that could have happened had the RMO wished with 22 respect to that part of the South West Region which was 23 sending its work to Southampton or to London? 24 A. Yes, if they wished. 25 Q. The RMO could have rung up the referring consultant 0044 1 paediatricians, I assume it would have been, and asked 2 them what they were playing at? 3 A. It would have been within his jurisdiction to do that, 4 yes. 5 Q. Did that ever happen, so far as you are aware? 6 A. I do not recall being told about it. 7 Q. Well, that is a careful answer. Do you ever remember 8 hearing of such contact? 9 A. I do not remember. 10 Q. Do you think it is likely that there was such contact? 11 A. Possibly, but as I say, I do not remember. 12 Q. It would have been the obvious thing to do if the RMO 13 had wanted to alter the referral pattern? 14 A. It would have been one of a number of things, yes. 15 Q. What would the others have been? 16 A. I am sure the majority of RMOs would also have talked to 17 the DPH or the DMO of that district as well. 18 Q. The DPH? 19 A. The Director of Public Health. 20 Q. On the question of the November 1986 meeting, I took you 21 to a passage from Professor Crompton's witness statement 22 to the Inquiry. He certainly recollected meeting you at 23 some stage in Bristol. Do you remember meeting him? 24 A. Yes. As I said previously, I had certainly been at one 25 meeting with him. 0045 1 Q. As best you can, when would you date that meeting? 2 A. I am afraid I cannot. I remember being in a room so 3 there was no sort of outside influence to tell me 4 whether it was summer or autumn, or when it was. 5 Q. Do you remember if Mr Dhasmana was there? 6 A. No, I am sorry, I cannot. 7 Q. Do you remember where the meeting took place? 8 Whereabouts in Bristol? Which building? 9 A. The part of the meeting I remember took place in the 10 Regional Health Authority Committee Room on the first 11 floor, but I cannot remember whether it also took place 12 anywhere else in Bristol that day. 13 Q. So in the Regional Health Authority's building? 14 A. Yes. 15 Q. Can we look, please, at WO 1/264? If we go back 16 a page to 263, to give it a little bit of context, this 17 is a report of a meeting drawn up by Dr Lloyd, I think. 18 It is a report of a meeting which took place in Bristol. 19 If you look down the page: 20 "In September 1996 the Expert Joint Working Party 21 of the Royal College of Surgeons ... reaffirmed in their 22 third report on the provision of neonatal and infant 23 cardiac surgery, that cardiac surgery for this element 24 of paediatric services should be undertaken in a limited 25 number of units identified and funded for this purpose." 0046 1 That is the supra-regional system. 2 A. Yes. 3 Q. Over the page, please. Then there is a reference to the 4 strategy for neonatal care in 1986 to 1994, and then 5 a reference to Professor Henderson. He argued for 6 a totally comprehensive service, self-standing, based in 7 Cardiff. 8 Then under the heading "Progress": 9 "In order to resolve the conflict of opinion, the 10 CMO [Dr Crompton, the Chief Medical Officer for Wales] 11 and senior medical staff have now had a series of 12 meetings to discuss this issue with colleagues within 13 the DHSS who have responsibility for infant and neonatal 14 cardiac surgery and with clinical and community medicine 15 colleagues in the South Western Regional Health 16 Authority and Bristol Royal Infirmary and Bristol 17 Children's Hospital." 18 You would be one of the "community medicine 19 colleagues", would you not? 20 A. I may have been. I think probably there would also have 21 been people from Bristol & District there, or Bristol 22 & Weston as it was. 23 Q. But it says "community medicine colleagues in South 24 Western RHA", which would be you? 25 A. No, it could be the RMO. I think it unlikely we would 0047 1 have had a meeting with just the BRI and the Children's 2 Hospital without somebody from the District there. 3 Q. If you were at this meeting or such a meeting and not 4 the RMO, or vice versa, would whichever one of you was 5 at the meeting discuss it with the one who was not at 6 the meeting? 7 A. If the CMO was there, it is very unlikely the RMO was 8 not there. 9 Q. Because that would be the politic thing to do? 10 A. That is right, yes. Only if the outcome was something 11 which he or she felt I needed to take action on or 12 needed to know about would there be this discussion. 13 Q. We have already established that one of the areas within 14 your purview was cardiac services? 15 A. Yes, but I did say the RMO was also involved. 16 Q. And those areas were handed out by the RMO, delegated by 17 the RMO to you? 18 A. Work in those areas was. 19 Q. So if there was a meeting specifically about cardiac 20 services which for some reason you did not attend but 21 the RMO did, it would be surprising, would it not, if 22 the RMO did not discuss it with you subsequently? 23 A. It depends to some extent on the content of the 24 meeting. I cannot remember. 25 Q. If it was a meeting the trigger for which was concerns 0048 1 about the Bristol service expressed by Professor 2 Henderson in Cardiff, it would be surprising if you did 3 not get to know about it? 4 A. I would have thought so, but I cannot say categorically 5 that it was discussed with me. 6 Q. But it would be surprising, would it not? 7 A. As I said before, this was quite a high profile 8 specialty. The CMO in Wales was involved with it. So 9 some things were dealt with at director level and some 10 aspects -- it depends what his view was about what he 11 was being told. 12 Q. Who would the RMO have been at this stage? 13 A. What was the date? 14 Q. 1986? 15 A. I am not sure. I cannot remember. 16 Q. Dr Freeman? 17 A. I think it might have been, yes, because she was only 18 there about 18 months. 19 Q. Let us go back to WIT 70/4, please. This is Professor 20 Crompton's statement. I showed you previously 21 paragraph 10. In paragraph 11 -- he is referring to two 22 visits. You have to go to the top of the page to 23 discover that the first visit he is referring to, he 24 says, was probably 1984. The second visit was in the 25 autumn of 1986; that is the one we have been 0049 1 discussing. Paragraph 11: 2 "On both visits we met with Dr Jordan and Dr Joffe 3 who accompanied us throughout. Also seen were 4 Mr Wisheart and Mr Dhasmana, the latter only very 5 briefly on the 1986 visit. From the RHA I recall 6 Dr Freeman and Dr Pitman being present on one or both 7 occasions." 8 A. Yes. 9 Q. If you were at the meeting in November 1986 along with 10 the RMO, Dr Freeman, then you would have known what was 11 discussed, obviously. 12 A. Yes. 13 Q. If you were not and she was, then you would have learned 14 about it afterwards, or it would have been surprising if 15 you had not? 16 A. It depended what value she placed on information and 17 what weight -- she may have gone off and talked directly 18 to Miss Hawkins about it, if it was of sufficient 19 concern. 20 Q. You had had some contact with Dr Lloyd in setting up the 21 meeting in November 1986; is that right? 22 A. Yes. 23 Q. And it was Dr Lloyd who drew up the report of the 24 meeting that we have just seen? 25 A. Yes. 0050 1 Q. Do you remember any correspondence, any contact, with 2 Dr Lloyd subsequently? 3 A. I believe she was at the Welsh Office for some time 4 afterwards and then moved to London. She was also 5 involved in a number of other issues. I cannot 6 remember -- I am sure I would have had contact with her, 7 but what it was about, I cannot remember. 8 Q. There was a further meeting with the Welsh Office in the 9 early part of 1987, was there not? 10 A. Yes. 11 Q. Let us have a look at WO 1/296. We see that it is 12 attended by Mr Gregory and Mr McGlinn from the Welsh 13 Office? 14 A. Yes. 15 Q. By Catherine Hawkins and by Dr Freeman, but not by you? 16 A. That is right. 17 Q. And not by Dr Crompton? 18 A. Yes. 19 Q. So this would not have been the occasion where you would 20 have met Dr Crompton, as he then was, because neither of 21 you were at this meeting? 22 A. No. 23 Q. At about this time, I think shortly after this meeting, 24 the Welsh Office made the decision that Bristol should 25 be the centre where I think almost all the children from 0051 1 Wales should be sent. There were some in the north of 2 Wales who were going to continue to be sent to 3 Liverpool, no doubt for good reasons. 4 A. That is right. 5 Q. You had some further correspondence in 1987 with 6 Dr Baker. Can I take you to UBHT 278/333? This is 7 a letter to you replying to your letter of June 1st. 8 I do not think it is necessary to take you to your 9 letter, although I can if you want. 10 Dr Baker says: 11 "The development of expanded cardiac services for 12 South Wales has become more problematic. As you are 13 aware, South Wales were unable to attract any applicants 14 for the paediatric cardiology post. We started in 15 a position of attracting three applicants for the post 16 we were advertising here in Bristol, but all three have 17 withdrawn mysteriously. I suspect that there is some 18 plot afoot within the higher echelons of cardiology 19 which could be the influence of London and elsewhere in 20 order to maintain their grip on South Wales." 21 What did you understand Dr Baker to be referring 22 to when he referred to the "higher echelons of 23 cardiology"? 24 A. Well, cardiological consultants with a special interest 25 in paediatrics. 0052 1 Q. Where? 2 A. In London. 3 Q. So they were the ones who got the work sent to them from 4 Wales at that stage and they wanted to hang on to it. 5 The suggestion, I think, that is being made here 6 implicitly is that these "higher echelons of cardiology" 7 had scuppered Cardiff and Bristol's attempts to attract 8 paediatric cardiologists to their own centres? 9 A. I think that is probably how I read it. 10 Q. Does that seem credible to you? 11 A. I do not know where the applicants came from, whether 12 they were from outside of the country or whether they 13 were within England. So I do not know. 14 Q. Does it seem like a credible suggestion? 15 A. I have no evidence for it. 16 Q. Does it seem like a credible suggestion? 17 A. I really do not know. I am not a cardiologist. I think 18 that is something -- 19 Q. I do not think you need to be an expert in cardiology. 20 I think it is more a politics with a small "p" point, is 21 it not? 22 A. I have no evidence to suggest that. It does seem 23 strange that all three withdrew, but he gives no reasons 24 for why. 25 Q. Do you know of any other reasons as to why three 0053 1 potential applicants for the paediatric cardiology post 2 should all have withdrawn? After all, at this time the 3 new cath' lab at the Children's Hospital was either 4 about to open or had just opened. 5 A. I do not know. They may have been offered better 6 conditions in their own local departments. As I say, 7 I do not know where they came from. 8 Q. Was this abject failure to attract applicants to this 9 post something of concern to the Regional Health 10 Authority? 11 A. Well, yes, because although Bristol would have been the 12 employing authority, it was in our interests to have 13 a stream of consultants filling posts so that everybody 14 was not at the same age when they retired, for example, 15 so this would have probably meant a younger consultant 16 coming into the department. 17 Q. And it is something that obviously concerns you 18 specifically within the Region, hence the correspondence 19 with Dr Baker at District? 20 A. Yes. 21 Q. So what did the Region do about this, in order to try to 22 find out why these three applicants should mysteriously 23 have disappeared at the last minute? 24 A. I do not know. I cannot remember. I can imagine the 25 RMO would have had a discussion, possibly with the 0054 1 cardiologists. I certainly do not remember being given 2 any information. 3 Q. So something would have been done about it? 4 A. I think somebody would have enquired of Drs Jordan and 5 Joffe if they had. It may have been Dr Baker relaying 6 it back to us. 7 Q. If we go to UBHT 62/321, please, this may help 8 a little. It is a letter to you of 7th July 1987 from 9 Dr Baker. You see the reference "IAB" at the top of the 10 page. If we scan down a bit, please: 11 "Neither South Wales nor ourselves have been able 12 to appoint a paediatric cardiologist. Something 13 diverted the three applicants we shortlisted from 14 attending for the interview. This in part reflects that 15 they are in a buyer's market. There was a Yugoslavian 16 applicant who was difficult to assess and was not 17 short-listed ..." 18 That may help a little to explain it. So there 19 was, it would seem, some further correspondence from 20 you, to which this is a response, following up the 21 failure to fill that post. 22 A. Yes. 23 Q. There was an expansion of cardiac services, cardiac 24 surgery, in Bristol throughout the 1980s for both adults 25 and children. We have heard evidence about that 0055 1 already. What was the Regional Health Authority's 2 attitude to further expansion by the end of the 1980s? 3 A. I think the Working Party were concerned that it should 4 have been in a planned fashion, that this should not 5 happen ad hoc. I know we were concerned that the 6 numbers had not increased as much as we were led to 7 believe by clinicians. There was need for a service, 8 particularly for the adults, and yet we had waiting 9 lists particularly for adult cardiac surgery. So we 10 were keen not to increase the number so much that the 11 waiting list increased, but on the other hand, we were 12 keen to make sure that there were services available for 13 the local regional population that they were requesting, 14 in effect. The cardiologists in the South were asking 15 for more service and as time went on, it became clear 16 they were wanting a service in Plymouth. 17 Q. So would a summary of that be that the Health Authority 18 was happy for there to be a further expansion of cardiac 19 services in the Region, provided it was done in 20 a planned and methodical way? 21 A. Yes, and they could ensure they had the income to 22 support it. 23 Q. The Regional Health Authority had reviews with the 24 various districts, did it not, on an annual basis? 25 A. Yes. 0056 1 Q. If we go to HA(A) 24/6, please, this is, I hope, the 2 review for 1991. This is a briefing paper written by 3 Dr Baker for the Region and District Review, 1991. 4 If we go to page 7, please, the bottom of the page 5 under the heading "Health Priorities ...", we see about 6 six lines down: 7 "The authority has not been able to increase 8 investment in cardiac surgical and cardiological 9 services." 10 "The authority" there is a reference to which, to 11 the District or to the Regional Health Authority? 12 A. I do not remember seeing this paper before. I would 13 assume that it is the District Health Authority, but 14 I have no basis -- that is how it reads to me. 15 Q. Was there, as far as you remember, a willingness in 16 principle to increase investment in cardiac surgical and 17 cardiological services at both District and Regional 18 level? 19 A. Yes. It was based on a stepwise increase and it meant 20 that they needed to be assured of a certain number of 21 patients to employ another consultant, because it would 22 be a consultant workload they were taking on, and 23 therefore all the supporting facilities that were 24 required. If they failed to achieve that stepwise 25 increment, the income would not flow back in -- although 0057 1 it was obviously delayed, they would not be assured of 2 it. 3 Q. Do you ever remember the Regional Health Authority 4 actively resisting the expansion of the cardiac service 5 in Bristol as opposed to merely being unable to fund it 6 because of competing demands? 7 A. When you say the "Regional Health Authority", do you 8 mean the Health Authority itself or those in the 9 regional office? 10 Q. I mean those at the top of the Regional Health 11 Authority: Catherine Hawkins, for example. 12 A. I do not remember that happening, but I would have 13 relied on the RMO for my information. 14 Q. Would it surprise you to learn, if it were the case, 15 that the Regional General Manager was actively resisting 16 the expansion of the Bristol service? 17 A. Is this in 1991? 18 Q. It would be earlier than that: in the late 1980s. 19 A. It certainly was not relayed to me by the RMO in very 20 clear terms. I certainly do not remember getting that 21 message, because we were concerned about the level 22 available to the population for adult surgery. 23 Q. You asked me if it was 1991 -- 24 A. It is 1991 in this report; that is why I was asking. 25 Q. Do you remember there being an active resistance to the 0058 1 expansion of the service earlier than that, in the early 2 part of the 1980s? 3 A. No. As I say, we ... 4 Q. From the transcript, I asked you, "Do you remember there 5 being an active resistance to the expansion of the 6 service earlier than that, in the early part of the 7 1980s?". You said "No. As I say, we ...", and then -- 8 A. I am sorry, you turned your head away, so I lost all 9 thread of what was going on. 10 Q. Let us start again. You mentioned 1991 to me -- 11 A. Because it is on this report and I did not understand 12 what you were asking. 13 Q. But there was nothing more specific to generate 1991 in 14 your head? 15 A. No. 16 Q. The Cardiac Services Medical Advisory Subcommittee 17 produced a document called "The Strategy for 1988 to 18 1998"? 19 A. Yes. 20 Q. You were heavily involved in drawing that up? 21 A. Yes, I acted in support of the Chairman. 22 Q. UBHT 156/255, please. That is it, is it not, and those 23 are your initials "MAP" at the bottom of the page? 24 A. Yes. 25 Q. 29th September 1988. If we go to page 284, this table, 0059 1 which was part of this report, shows the referral 2 pattern to the Supra-regional Paediatric Cardiology 3 Centre in Bristol over an eight-year period, 1980 to 4 1987. We see the scale of the expansion, especially 5 from Wales, from 1 in 1980, under 1 case, to 63 in 1987. 6 So the Regional Health Authority was monitoring the 7 referral pattern to Bristol, as this table demonstrates? 8 A. Yes, those figures would have come from the clinical 9 unit. 10 Q. What was the purpose of gathering that information? 11 A. Because we were putting a strategy together and we 12 needed the baselines. 13 Q. And the idea was to do what? It was to -- 14 A. It was for the Professional Advisory Group to advise 15 RHMAC and the RMO, and through them the RGM, as to the 16 direction in which they felt, clinically, the Region 17 should be moving. 18 Q. Let us look at page 289, please. Still the same paper, 19 paragraph 5.5.1: 20 "A range of congenital heart defects occur ..." 21 After the reference to table 7, you say: 22 "Mortality rates at 30 days for those aged under 1 23 relate to the increasing difficulty of operations with 24 corrections in infants under 2 now who previously could 25 not have survived. The higher rates for Bristol may be 0060 1 an effect of later entry into the field, or sicker 2 babies. Some babies are operated on outside the 3 Region." 4 Before I develop that, the figures which were 5 presented in this report are at page 291. That is 6 the table that is referred to in the paragraph, 7 table 7. You see that for Bristol the date is given for 8 four years, 1984/85/86/87? 9 A. Yes. 10 Q. And for the UK, over two years, 1984/85. Under 1 year 11 mortality for open-heart surgery at Bristol is 27 per 12 cent and the UK in 1984/85 is 21.8 per cent. 13 We see the relevant data for closed-heart cases 14 below. 15 A. Yes. 16 Q. First of all, do you remember why data should be taken 17 for four years at Bristol, but only over two years for 18 the UK? 19 A. We would have got this data from the clinicians and they 20 would have given us what they had available. 21 Q. Do you think it would be reasonable to assume that the 22 UK mortality data for 1987 would be lower than the 23 mortality data for 1984/85? 24 A. What I say to you is that they are no statistical tests 25 on this; we cannot actually tell in probability terms 0061 1 whether it is actually different or not. It may appear 2 to the layman to be different, but I would want some 3 statistical tests to be run on it. And no, I did not 4 have them run at the time, otherwise I would remember. 5 Q. We are getting ahead. I am just asking a general 6 question, really as a matter of common sense. You would 7 expect the mortality rates to be decreasing over time, 8 would you? 9 A. If you were comparing like with like. We do not know 10 what the disability levels were in those two populations 11 of children. 12 Q. I am not a statistician and you are not a statistician, 13 so I am not going to ask you about the degree of 14 statistical significance that can be read into the 15 difference between the UK and Bristol figures that are 16 shown here, but if we go back to page 289, in that 17 reference after table 7, in the middle of the paragraph, 18 there is a recognition, in the last sentence in the 19 paragraph, that the Bristol mortality rates are higher 20 than the UK on average, and there is an explanation 21 advanced for it. 22 From where did that explanation come? 23 A. That sort of detail would have come from the clinicians, 24 who would have been collaborating with clinicians in 25 other centres. At that time they were trying to develop 0062 1 scoring systems for disability. They were quite 2 successful with adults, in working out a scoring 3 system. I do not know how far they got with children. 4 Q. So when you say "the clinicians", you mean the cardiac 5 surgeons or -- 6 A. The cardiologists, for the most part. 7 Q. And that would be -- I think you said earlier that 8 Dr Joffe was the main attender of the sub-committee? 9 A. Yes. 10 Q. So would it be a reasonable inference that this 11 explanation for the higher mortality data had come from 12 Dr Joffe? 13 A. As I remember it, because he was quite closely involved 14 with the strategy. That does not mean to say that the 15 cardiac surgeons were not involved. Certainly by that 16 time Jonathan Hutter was also on the scene -- around 17 that time he was on the scene, and one of his main 18 interests was the scoring system. 19 Q. When I showed you the statistics, you said that you 20 would want to verify them and check them before trying 21 to draw any conclusions from them. Fair enough. To 22 what extent was this potential explanation for the 23 higher mortality at Bristol subjected to any analysis in 24 order to justify it or not? 25 A. I think later on in the correspondence there is 0063 1 a reference to Dr Mason asking for quality statistics to 2 be produced. 3 Q. I am not sure that quite answers the question. 4 A. But that was what happened as a consequence, that he 5 asked for more information. 6 Q. What degree of confidence could you have, as the author 7 of this paper, in advancing this possible explanation 8 for the higher mortality rates at Bristol? 9 A. I was the author in so much as I got it typed up. 10 There were a number of authors to the paper because it 11 belonged to the sub-committee. 12 Q. Where was it going to go to, this paper? Who was going 13 to see it? 14 A. When the sub-committee were happy with it, it would go 15 to RHMAC and to the RMO, but the RMO would have seen it 16 before RHMAC. It would have been passed into -- because 17 I would have made sure he saw it. 18 Q. If we go to page 256, we will see -- you said there were 19 a number of authors. There were three main authors, 20 I think: Dr Christine Hine, yourself and Mr Teague? 21 A. Yes. That meant that we did the editing. 22 Q. Christine Hine was a Community Medicine Registrar at the 23 district level? 24 A. Well, she was seconded to us to help, as well as being 25 in district, as part of her training. 0064 1 Q. We see the long list of other consultants in cardiology 2 and cardiac surgery, including Dr Jordan, Dr Joffe, 3 Mr Dhasmana and Mr Wisheart? 4 A. Yes. 5 Q. So it is perhaps not clear from that where this -- 6 A. They would all have contributed sections to it and then 7 we would have put it together and asked them questions 8 about it. They may have rewritten it, or we may have 9 rewritten it. 10 Q. How did it happen that this explanation was advanced? 11 Was the mortality data collected by you, or by somebody 12 else at the Region, and then shown to the cardiologists? 13 A. No, it was their data. As I understood it, it was from 14 a national exercise that they were doing with other 15 cardiologists. 16 Q. So to what extent was that explanation subjected to 17 scrutiny by anyone else before the paper was written? 18 A. There were a number of drafts. Certainly it would have 19 been seen by all the members of the sub-committee who 20 would have been able to ask Dr Joffe about it. 21 Q. It is certainly right that there were a number of 22 drafts. Can I show you a later draft from the one we 23 have just been looking at, UBHT 174/67, 24 paragraph 5.5.1. Again, I think it is in all material 25 respects the same except that table 7 has become 0065 1 table 6. 2 A. Yes. 3 Q. So does that suggest that in the consultation exercise 4 of the circulation of the draft report no-one had picked 5 up or wished to comment on paragraph 5.5.1? 6 A. This was still a draft? 7 Q. I am not sure this is a draft. 8 A. Is it draft or final? 9 Q. I think it is the final one, certainly the latest 10 version I have seen. 11 A. Can you show me the front of it? 12 Q. Yes, page 33. 13 A. Yes. The final one would have said "RHMAC" on it. 14 Q. In that paper that we are looking at -- let us take the 15 earlier draft; it does not much matter -- UBHT 156/294. 16 This is dealing with the split site. 17 Paragraph 5.7, the third paragraph: 18 "The children's cardiac surgery beds are split 19 between two sites and some children are housed in what 20 is predominantly an adult ward, which is not 21 satisfactory." 22 The later draft I have at 174/72 is to the same 23 effect; we need not go there. What I would like to turn 24 to is page 307, still in the same paper. 25 Paragraph 7.5: 0066 1 "For children to have their services in the same 2 site for both cardiology and open and closed surgery 3 would be a major step forward. It is suggested that 4 this possibility is explored, even though splitting the 5 staff could be difficult at present numbers." 6 So this is the 1988 document. Who was going to 7 explore the ending of the split site? 8 A. It would have been done by the District Health Authority 9 and the Trust. 10 Q. There was no Trust in 1988. 11 A. Well, the unit, the BRI. 12 Q. The hospital? 13 A. Yes. 14 Q. The two hospitals in fact? 15 A. In fact they were run as one, I think. 16 Q. It is clear from this document, I think, from 308, that 17 there was at this time, if we go to 308, contemplated 18 further expansion of the service. 19 If we go to 309, paragraph 7.9, we will perhaps 20 see it more clearly. 21 "The Regional Health Authority needs to have 22 available to it in the order of 1500 operations ..." 23 It did not have them at that stage, so there was 24 going to be a further expansion? 25 A. Yes. 0067 1 Q. If we go ahead three years to 1991, a very similar 2 document, in fact an update, really, of this document 3 was produced, called "Towards a strategy for cardiac 4 services within the South West Regional Health 5 Authority"? 6 A. Yes. 7 Q. If we go to UBHT 156/114, that is the draft of the 8 document? 9 A. That is right. 10 Q. It has your initials, MAP, at the bottom of the page? 11 A. Yes. 12 Q. I think what had happened was that you had sent a draft 13 to the members of the cardiac sub-committee and then 14 they no doubt responded and then you sent out an updated 15 version. 16 If we go to page 113, this is your letter. 17 A. I think we need to note it is now a "professional 18 statement". 19 Q. What does that mean? 20 A. It is because the Trusts were being set up independently 21 from the health authorities and I think the RHA was 22 being told that it was not in a position to write 23 strategies in the way that we have been writing them, 24 but we could encourage the professional committees to 25 give their advice in a coherent form. 0068 1 Q. If we go back into the document, UBHT 156/115, the top 2 paragraph, we see what this document is endeavouring to 3 do. It is professional advice from the Regional 4 Hospital Medical Advisory Committee's sub-committee in 5 cardiology and cardiac surgery on "the development of 6 cardiac services in the South West Region." 7 Over the page, 116, just above paragraph 2, if we 8 scan down a little: 9 "The Cardiology and Cardiac Surgery Sub-committee 10 will report on progress on audit to the RHMAC at regular 11 intervals." 12 Do you remember what was going to be audited by 13 whom and what was the interest of the RHMAC in audit? 14 A. The professional committee of the Regional Health 15 Authority and audit was initially a medical process. It 16 was widened later to become clinical audit which 17 included all clinicians -- nurses, physios, what have 18 you. 19 At that time Dr Mason took on a consultant in 20 public health medicine to deal with all audit. 21 Q. Who was that? 22 A. Charles Shaw. So I was not directly involved. I knew 23 that they had committed themselves to an audit 24 programme. 25 Q. So that became something that Charles Shaw was 0069 1 responsible for, answerable to the Regional Medical 2 Officer? 3 A. Yes, and I would help if asked. If I was asked to write 4 letters chasing things up, I would do it. 5 Q. If we go to page 130, still in the same paper, the top 6 paragraph, just after the reference to table 6, this is 7 the equivalent, I think, to the paragraph at 5.5.1 we 8 were looking at in the document of three years before: 9 "Mortality rates at 30 days are close to the 10 national average", which I suspect means close to but 11 not quite at the national average. 12 "The higher mortality rate in the UK for those 13 aged under 1 relates to the increasing difficulty of 14 operations with corrections in infants who previously 15 could not have survived. Bristol has only recently 16 undertaken open-heart surgery on significant numbers of 17 these sick babies. Some babies are operated on outside 18 the Region." 19 Can you help us with the slightly different 20 emphasis that is placed there, in this paper, compared 21 to the equivalent paragraph we looked at in the paper of 22 three years before? 23 A. I think what the clinicians were saying, as I said to 24 you, we were not necessarily comparing like with like 25 and there were no records in this statement of what the 0070 1 condition of the infants referred outside the Region was 2 compared to those operated on within the Region. 3 I cannot remember the detailed discussions, but I had 4 that in my mind, that was one of the things that they 5 discussed within the sub-committee. 6 Q. There was a slightly later paper to the one we have just 7 been looking at in 1991, HA(A) 11/217. It is a further 8 draft, I think. I am afraid I cannot be any more 9 specific as to the date, but certainly it was no later 10 than 1992. The reason I come to that conclusion, if you 11 look at page 234, there is a reference in the first main 12 paragraph, you see beginning "Cheltenham and 13 Frenchay .... Appointments will be made in 1992", so 14 obviously this document is no later than 1992. 15 A. I think it is more likely to be 1991 or before, but I do 16 not know. 17 Q. It is more likely to be a further draft of the one we 18 were looking at? 19 A. Yes. 20 Q. If we go to page 219, do you remember in the 1988 21 document we saw the reference to the split site being 22 not satisfactory? 23 A. Yes. 24 Q. Now it says here, in the penultimate line: 25 "Integration of children's services on a single 0071 1 site in Bristol is essential." 2 What accounted for the heightened emphasis put on 3 ending the split site in 1991 compared to 1988? 4 A. I think there was a move to build an integrated 5 Children's Hospital as is being built now, nearer the 6 BRI. I think there may have been movement on that. 7 Q. Why had that become a higher priority than before? 8 A. I cannot tell you. I do not know. 9 Q. Can I show you a letter from Catherine Hawkins, 10 UBHT 38/430? It is a letter from Catherine Hawkins to 11 Dr Roylance, 20th November 1991. It is only a short 12 letter. Can I ask you to read it through? (Pause). 13 Do you remember seeing that letter? 14 A. No, but ... 15 Q. Was it something that Catherine Hawkins ever discussed 16 with you? 17 A. No. I am sure she did not, because I rarely spoke to 18 her. 19 Q. Did you ever have any discussion with the Regional 20 Medical Officer about gross dissatisfaction region-wide 21 with the Bristol cardiac unit? 22 A. Not that I can remember. I remember that -- as you see 23 here, Oxford now has a cardiac unit that they had 24 recently set up and that it was cheaper for the 25 referrals to go to Oxford, and quicker. They had very 0072 1 little waiting list. 2 Q. You see that Catherine Hawkins' letter in the third 3 paragraph says: 4 "I would more than welcome your comments and 5 action if you feel you are not in sympathy with the 6 current rate and quality of the performance of the 7 cardiac unit." 8 A. Yes. 9 Q. "Rate" would deal with waiting times, how many 10 operations were being done, how quickly the work was 11 being got through? 12 A. I think it may have been numbers rather than how long 13 they waited. 14 Q. And "quality", what would that be? 15 A. That could be waiting time, amongst other things. 16 Q. Could it? 17 A. Yes. 18 Q. Just help me with your role as a specialist in community 19 medicine, later becoming a public health role. What 20 would a consultant in public health medicine do in terms 21 of contact with those who might refer patients to 22 a cardiac centre? 23 A. In the RHA or in a DHA? 24 Q. You say in your statement, paragraph 20, that you had 25 some of the public health departments of the District 0073 1 and you kept your ear to the ground through your 2 District consultant colleagues as much as possible. 3 What would you be keeping your ear to the ground 4 about? What would you be listening for? 5 A. I would be telling them about the things that we were 6 getting from the Department, the changes in services 7 which might come up in the future, so they could prepare 8 themselves, and looking for their comments on what might 9 be planned. Sometimes it would be by sending papers. 10 It would usually be through the DPH meeting, but I would 11 come across them in other meetings. 12 Q. Let us just go to that bit in your statement. It is 13 317/4, paragraph 20. When you refer to "District 14 consultant colleagues", do you mean only public health 15 consultant colleagues, or do you mean, for example, 16 cardiologists and -- 17 A. No, "District" to me meant District Health Authority, so 18 it was those employed by the District Health Authority, 19 who would be public health or dental health, 20 occasionally pharmacists. 21 Q. But not, for example, cardiologists? 22 A. No. 23 Q. If we can just go back to the Hawkins letter at UBHT 24 38/430, Catherine Hawkins has here picked up concerns 25 about rate and quality, whatever that means, rate and 0074 1 quality of the Bristol cardiac unit, and those concerns 2 have come, it would seem, from interim reviews of the 3 district health authorities and family health service 4 authorities region-wide. 5 Who would have an input into those reviews from 6 the district health authorities? 7 A. Well, certainly the District General Manager and whoever 8 on their staff they felt appropriate. Often they had 9 a planning -- like a planning director on there, a DHA 10 and a Finance Director. I am not sure whether all the 11 DPHs were necessarily involved every time, depending on 12 the topic. 13 Q. Would you have a role in conducting those reviews from 14 the Region end? 15 A. No. 16 Q. Would that explain how these concerns would have reached 17 Catherine Hawkins but have bypassed you? 18 A. Well, yes, I would not have direct access. 19 Q. Would the Regional Medical Officer have access to this 20 type of material? Would the Regional Medical Officer be 21 the source, feeding to Catherine Hawkins? 22 A. I do not know. All I can see on here, it says 23 "purchasing managers", which is not the RMO, it is 24 somebody in a service planning type of role. 25 Q. Can we look at JDW 4/826, please? This is a letter to 0075 1 Mr Wisheart from you. Just scan down the page. 2 13th August 1992. 3 Dr Mason is concerned -- he was by now the 4 Regional Medical Officer? 5 A. Yes. 6 Q. You have been asked by Dr Mason to write this letter, 7 because cardiac surgery was one of your areas of 8 influence, concern? 9 A. Yes. He was still using me in that area, but not 10 solely. 11 Q. What are "contra-indications for cardiac surgery"? What 12 is that a reference to? 13 A. Some patients would not be considered for cardiac 14 surgery, perhaps adults, because they might have lesions 15 that made them too ill at that particular time. They 16 would hold them back until they could stabilise them. 17 Q. So that would be an explanation for an apparent delay in 18 carrying out surgery? 19 A. Yes. Sometimes they might be deferred, or they may be 20 told that they would not benefit, that the risks were 21 greater than the surgery. 22 Q. What about referral protocols? 23 A. It was a time when we were encouraging -- this is part 24 of the audit process for clinicians to compare their 25 practice, and referral protocols were one way of 0076 1 identifying factors that could be compared. 2 Q. So you mean one clinician would compare where he got his 3 cases from against another clinician -- 4 A. No, it would be the level of disability in patients. 5 There were choices in treatment for cardiac conditions 6 that ranged from medical to catheterisation, angioplasty 7 was just coming in, to surgery, plus the medical 8 treatment. So it would be how they would channel 9 patients into those various pathways. 10 Q. So the criteria they applied to decide what kind of 11 treatment was appropriate? 12 A. Yes. Most of them would have come through the 13 cardiologist first, obviously. 14 Q. Why should Dr Mason have been anxious to illustrate the 15 positive nature of results from Bristol? 16 A. As I understand it, he had had access to some of the 17 audits they had been doing and he knows the details of 18 those, but what he said to me recently was that the 19 dependencies were considered and that the case mix was 20 different; they had some very high dependent patients, 21 and their results compared well, but I did not actually 22 know the detail of that at the time. 23 Q. Why was Dr Mason anxious to illustrate the positive 24 nature of results from Bristol? 25 A. There had been considerable debate about the waiting 0077 1 times. Some patients who were quite ill were having to 2 wait 18 months because of the demands and there was also 3 a move to set up a unit in Plymouth. 4 Q. You refer in the next sentence to Dr Mason being 5 concerned with the "adverse effects that recent 6 publicity may have on referrals". Do you remember what 7 that publicity was? 8 A. Yes, it was long waiting times. I cannot remember the 9 details, whether it was more than one. Certainly 10 I remember in a number of instances patients from the 11 southern part of the region were waiting a considerable 12 amount of time and actually getting into the papers 13 because of it. 14 Q. So where had the publicity been? Which medium? 15 A. Into the papers. 16 Q. There had also been some expressions of concern about 17 the Bristol cardiac unit in Private Eye about this 18 time. Can I show you SLD 2/5, please? This is 3rd July 19 1992. If we look on the left-hand side, the first 20 bullet point, do you see the passage that begins there 21 and goes on to the next column? And the reference to 22 the arterial switch mortality in Bristol being 3 per 23 cent in Bristol and 0 per cent somewhere in America. 24 Might that not have been publicity that had come to 25 Dr Mason's attention by August 1992? 0078 1 A. I anticipate that the press department would have made 2 him aware of it, because they did give a news cutting 3 service. 4 Q. Did you ever see any cuttings from Private Eye being 5 circulated from the Regional Office's press department? 6 A. I cannot remember any. I think I would have remembered 7 something like that. 8 Q. Do you think it is likely that Dr Mason would have been 9 aware of this? 10 A. If the press department identified it. 11 Q. Would you have expected the press department to have 12 identified it? 13 A. I am not sure if it was one of the things they normally 14 took. It would have been an exception rather than a -- 15 they tended to produce press cuttings on the national 16 papers, so if it had been reported in that he might have 17 got a copy of Private Eye. 18 Q. This column was a well-known source of news, gossip, 19 however one might call it, about the Health Service, 20 this column in Private Eye. Had you heard about this 21 column? 22 A. I cannot tell you that. The reason I cannot is because 23 I have seen so much in the press since then that I am 24 not sure when I became aware of it. 25 Q. You wrote to Mr Wisheart on 13th August. We have seen 0079 1 that letter. Can we go to JDW 4/827, please, which is 2 another letter from you to Mr Wisheart two months later 3 on 8th October. 4 You had had a discussion, it would seem, with 5 Mr Wisheart between the two letters. We see from the 6 first sentence "Following our recent discussion". Do 7 you remember what the nature of the discussion was that 8 you had with Mr Wisheart? 9 A. I do not know. I cannot even remember whether he 10 actually approached me. It may have been literally 11 a chance meeting. 12 Q. In the second paragraph, you say "As I mentioned to you 13 when we met, we were concerned that parties should 14 receive more specific information about outcome from 15 your unit". Who is the "we"? 16 A. That would be Dr Mason. 17 Q. Was Dr Mason a party to the discussion you had had with 18 Mr Wisheart, or was it just between and you Mr Wisheart? 19 A. I do not know. I cannot place it in context. 20 Q. You then send some data. Where did you get that data 21 from, do you remember? Mr Wisheart takes issue with it, 22 as we will see in a moment. 23 A. Can you show me the data? 24 Q. I cannot show you the data, I am afraid. 25 A. If you show me the bottom, I might have a clue from 0080 1 the -- 2 Q. I have not seen the data. These files come from 3 Mr Wisheart himself. 4 A. Right. He may have produced it himself. 5 Q. It is obvious from the last paragraph that the data 6 being discussed is not simply perhaps at all about 7 children, because there is a reference to over 60s and 8 over 70s, and so on. 9 A. In some of the correspondence I have, there is a mention 10 of two registers, one about valves, which I think was at 11 the Hammersmith, and there was something like 12 a cardiothoracic surgeon's register. I think that was 13 the Sir Terence English one, but I cannot remember. 14 That was the internal audit stuff that they would not 15 allow anybody except cardiac surgeons and cardiologists 16 to see, so it could have been an extract from that he 17 gave me. 18 Q. If we look at JDW 4/828 -- 19 THE CHAIRMAN: Before we move on, Mr Maclean, is it just an 20 oversight that on both the letters to Mr Wisheart we see 21 you describe him as a "consultant cardiologist"? 22 A. Yes. It is my fault. 23 MR MACLEAN: If we look at JDW 4/828 which is on the screen 24 now, this may be the data: 25 "Cardiac surgical procedures for all patients 0081 1 treated by Bristol Royal Infirmary in 1991/1992. Number 2 of deaths by age group in years". 3 A. That has come of out their Patient Administration 4 System. That is what PAS means. It was called "health 5 collectivity analysis" prior to that. 6 Q. I see. That is the data you sent to Mr Wisheart? 7 A. I cannot remember which way round it was, but if he was 8 saying I got the numbers wrong, I probably sent it to 9 him and had got it directly from the information system 10 and was trying to verify it, rather than him sending it 11 to me. 12 Q. If we just go back to the letter, to 827, the second 13 paragraph of the letter: 14 " ... I appreciate the difficulties of setting up 15 a scoring system that takes account of initial 16 disability relating to outcome." 17 Am I right in thinking that the question of case 18 mix and adjusting for the degree of sickness, if you 19 like, of the patients, was something Mr Wisheart had 20 raised at the meeting you had had with him? 21 A. As I understand it, Jonathan, who was another cardiac 22 surgeon, had a great interest in it and was trying to 23 develop a scoring system in concert with other people in 24 the country and was using the Bristol data, and 25 Mr Wisheart and Mr Dhasmana would have been involved. 0082 1 Q. Let us look at 831, please. This is Mr Wisheart's reply 2 to your letter. You see in a long paragraph there that 3 he takes issue with the data that you had produced. 4 A. Yes. I had not actually produced it. It had come from 5 the system that we had access to. It was an 6 administration system, not a clinical system. 7 Q. You then sent some revised data to Mr Wisheart? 8 A. Yes. 9 Q. If we go to JDW 4/835, we see that Mr Wisheart is 10 somewhat puzzled by the data that has been sent and he 11 is extremely concerned that you are generating these 12 numbers "as their significance and meaning is extremely 13 obscure to me." 14 A. It came from the hospital systems. 15 Q. Then the final bit of this stream of correspondence is 16 from you to Mr Wisheart on 24th November 1992, at 17 page 836. 18 There is the reference to Mr Hutter and the 19 scoring system. 20 A. That is right. 21 Q. That is what you were referring to earlier? 22 A. Yes, that is right. 23 Q. Then you say: 24 "Mr Hutter came to see Katherine Garston ..." 25 Who was she? 0083 1 A. She was one of our administrative assistants. 2 Q. And yourself, on 23rd November. Then you say this: 3 "We did have a discussion about infants and he 4 agreed to discuss with you the best way of presenting 5 the data". 6 Why should you have had a discussion specifically 7 about infants with Mr Hutter? 8 A. I think the Parsonnet that he had produced was to do 9 with adults and ischaemic heart disease, so we were 10 asking for information about the whole patient 11 population. 12 Q. But "infants" would only cover those up to 1 year old? 13 A. He may have suggested that there were scores. That is 14 why I particularly put that. I do not remember. 15 Q. The point I am making is that infants would not cover 16 all children? 17 A. No. I understand what you are saying, but he may have 18 said that there was a scoring system being developed for 19 infants. 20 Q. And that would be developed by Mr Wisheart because he 21 was a paediatric surgeon? 22 A. It would probably be by a group of cardiac surgeons 23 across the country, because these things were usually 24 done by groups of experts in the areas. One person 25 might have started them off, but they would then be 0084 1 developed. 2 Q. If this scoring system was produced so that comparable 3 data could be produced about outcome, what was the 4 Regional Health Authority going to do with that data 5 when it got it? 6 A. It would have gone through the audit system. 7 Q. What was the Region's role in the audit system? 8 A. It was to ensure that there was an audit system which 9 was appropriate to each specialty. 10 Q. And who would select which topics were to be audited, 11 specifically? 12 A. I cannot answer that, because some of them were agreed 13 district-wide rather than region-wide. I was not 14 totally involved with the auditing system; I just knew 15 that we had some that were labelled "regional audits" 16 and some which were labelled "hospital audits". 17 Q. If we go back to your letter of 8th October, 827, did 18 you ever get the examples from the national register 19 that you asked Mr Wisheart to provide? 20 A. Not that I can remember, but -- what was the date of 21 that one? 22 Q. 8th October 1992. 23 A. Not that I can remember. 24 Q. (Pause) Just a couple of points. One is just 25 tidying-up the transcript. I asked you whether it would 0085 1 have been reasonable to assume that the mortality data 2 for 1987 would be lower than that for 1984 to 1985. Do 3 you remember that? 4 A. Yes. 5 Q. What you are recorded as saying is, "What I say to you 6 is that [something] statistical tests on this, we cannot 7 tell in probability terms." I suspect what you intended 8 to say, or did say, was "without statistical tests"? 9 A. Yes. I probably mumbled that bit. I did actually 10 answer the question as well afterwards. 11 Q. Yes. Then the final point, I think, is this: I said 12 that when I showed you the statistics, you would want to 13 verify them and check them before trying to draw any 14 conclusions from them. I said "To what extent was this 15 potential explanation for the higher mortality at 16 Bristol [you remember, 5.5.1] subjected to any analysis 17 in order to justify it or not?" You said: 18 "I think later on in the correspondence there was 19 a reference to Dr Mason asking for quality statistics to 20 be produced." 21 A. Yes. 22 Q. Were you intending there to refer to the letters that 23 I have shown you subsequently, or to something else? 24 A. No, these letters, that there were scoring systems being 25 set up that would take account of disability. 0086 1 Q. So I have covered the further enquiries that Dr Mason 2 was going to make? 3 A. Yes, that I knew about. As I said, I was not involved 4 with the audit programme in any detail, so there may 5 have been others. 6 MR MACLEAN: I do not have any other questions for you, 7 Dr Pitman, you will be pleased to know. Is there 8 anything that you want to say to the Inquiry now, having 9 given your evidence? Anything that I have not covered 10 or anything I have got wrong? 11 DR PITMAN: No. I think we have covered where I was not 12 clear as we went through. I do not think there is 13 anything else that I had in my statement that I felt 14 should have been brought out, thank you. 15 MR MACLEAN: There is always an opportunity to say some more 16 later. You may want to look at today's transcript and 17 check it through and if you feel on reflection that you 18 would want to say more, then you can do so. I do not 19 have any other questions. There may be some questions 20 for you from the Panel. 21 THE CHAIRMAN: Yes, Dr Pitman. First, Mrs Maclean. 22 Examined by THE PANEL: 23 MRS MACLEAN: Dr Pitman, I am just trying to understand 24 a little better how the Region worked as an organisation 25 itself. At one point you mentioned that you rarely 0087 1 spoke with Catherine Hawkins, whom we heard from 2 yesterday. Could you tell us a little bit more about 3 why that was, were there other channels of 4 communication, were there regular meetings of senior 5 staff? How did people within the Region share their 6 views and work together? 7 A. The RMO would have met regularly with the other heads of 8 department and Catherine Hawkins, and would have relayed 9 back information from those meetings which was relevant 10 in his or her eyes to individuals within the 11 department. There was not, as far as I remember, 12 a regular meeting within the public health department of 13 everybody involved, but there would have been 1 to 1 14 meetings or 1 to 2 or 3 meetings at fairly regular 15 intervals around specific topics. 16 Across the Regional Health Authority there were 17 groups called the Capital Planning Group which would 18 look at capital investment, and the Service Planning 19 Group, and some of the letters which you have involve 20 some of those managers who were involved in organising 21 those and they would have asked relevant people within 22 public health to come for specific items or to come for 23 the whole meeting, depending on what was being 24 discussed. 25 So there was quite a lot of horizontal 0088 1 communication, but most of the vertical communication, 2 practically all of it, was through the head of 3 department at my level. 4 MRS MACLEAN: Thank you. 5 THE CHAIRMAN: Mrs Howard? 6 MRS HOWARD: Very early on in your evidence you talked about 7 the arrangements for setting up the supra-regional 8 service. 9 A. Yes. 10 Q. You also talked some time later in your evidence about 11 keeping your ear to the ground and professional 12 networks. In those two contexts, what, if any, did you 13 have in terms of involvement with the Medical Royal 14 Colleges, particularly surgery? 15 A. None that I was aware of, but obviously, consultants 16 within the Region may well have been on councils and 17 sub-committees of the Royal Colleges, but they would not 18 necessarily have come to me with that hat on. They 19 might possibly have gone to the Regional Medical 20 Officer, but I think it was rare for them to appear in 21 that guise. Most of the appearing in the guise of 22 a College representative would be through the 23 postgraduate dean, around training. 24 THE CHAIRMAN: Professor Jarman? 25 PROFESSOR JARMAN: On page 54 of today's transcript you were 0089 1 discussing the mortality rate for open-heart surgery at 2 Bristol for the under 1s and it was pointed out that the 3 mortality rates were higher in Bristol. You went on to 4 say you would want statistical tests to be run on it. 5 We have heard previously in the Inquiry that clinicians 6 wanted that. 7 To whom should clinicians really have turned to 8 get the advice needed for the statistical tests that 9 needed to be run? 10 A. Within the hospital information departments and also 11 within the DHA, so although those people may not have 12 been able to actually run tests, they should have been 13 able to access statisticians who would have run tests 14 for them. If we wanted them within the RHA, we would 15 have gone to the Information Department which, I think 16 it was part of finance but I cannot remember now because 17 it did move around a bit, and they would have tried to 18 access statisticians, but normally you would have 19 expected the people generating the data to have applied 20 the statistical tests. 21 Q. So if they wanted to find out they were significantly 22 higher after adjusting for things, they would have gone 23 to the Information Department in the District or at the 24 Region? 25 A. Well, in the Trust. 0090 1 Q. In the Trust? 2 A. If it was clinical data. 3 Q. And you think the Information Department would have been 4 able to -- 5 A. Yes, or if there was a University department they may 6 have gone and talked to them, because there were at that 7 time links between the University of Bristol and 8 statisticians in what was probably the Social Medicine 9 department then. 10 Q. Do you see any role of the Department of Public Health 11 in advising on questions such as the ones we have just 12 been discussing? 13 A. I think they do much more now than they did at that 14 time, I think their role has developed, particularly 15 where there is a University link with our 16 epidemiologists, who are not necessarily medical but are 17 experienced epidemiologists, and statisticians. 18 Q. But at the time we are considering, 1985 to 1994, would 19 you have considered there was a role of the Department 20 of Public Health, either at the Region or the District 21 or the Trust level? 22 A. I think at the later part of that time I would have 23 expected the Department of Public Health to have taken 24 an interest in those figures and try to have obtained 25 them with the clinicians. 0091 1 Q. From when would that have been? What date, roughly? 2 A. It was really at the time of the purchaser/provider 3 split, when DHAs were having to develop arguments for 4 doing certain things, buying certain things and not 5 buying certain things, in priority order. 6 Q. So that would have been from 1991 onwards? 7 A. Round about that time, but some of them had an interest 8 before because they had a strong University input, but 9 I do not know enough about Bristol & District to know 10 how strong the input was. 11 Q. So at least from 1991, if they could not get the tests 12 from the Information Department, it would have been 13 quite appropriate to go to the Department of Public 14 Health? 15 A. Yes, they were called "Social Medicine", because they 16 were wider then just public health medicine. 17 PROFESSOR JARMAN: Thank you. 18 THE CHAIRMAN: Dr Pitman, thank you very much indeed for 19 coming and sharing the afternoon with us. There may be 20 other matters, as Mr Maclean has made clear, that you 21 may want to bring to our attention. I am not sure there 22 are, but if there are, we would be grateful to receive 23 them. But for the moment, thank you very much indeed. 24 If you wait two seconds, we will hear from 25 Mr Maclean. 0092 1 MR MACLEAN: That concludes the evidence for today. 2 Tomorrow there are two nurses we are going to hear from 3 in the morning, from Kay Armstrong and from William 4 Booth. Kay Armstrong is a theatre sister. William 5 Booth is Clinical Nurse Manager at the Children's 6 Hospital. Following that, we will be hearing from 7 Professor Vann Jones in the afternoon. We start 8 tomorrow at 9.30. 9 THE CHAIRMAN: Thank you, Mr Maclean, and good afternoon 10 everyone. Good afternoon, Mr Maclean. 11 (4.00 pm) 12 (Adjourned until 9.30 am on Thursday, 7th October 1999) 13 14 15 16 17 18 19 20 21 22 23 24 25 0093 1 I N D E X 2 3 STATEMENT BY THE CHAIRMAN ..................... 1 4 5 STATEMENT BY MR LANGSTAFF ..................... 1 6 7 DR MARIANNE ALICE PITMAN 8 Examined by MR MACLEAN ...................... 3 9 Examined by THE PANEL ....................... 87 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 0094