CONCERNED health leaders have taken enforcement action against Bradford Teaching Hospitals NHS Foundation Trust.

NHS England has raised concerns over governance, quality and finance at the trust - which runs a number of sites in the district including Bradford Royal Infirmary and St Luke's Hospital - and published a notice stating regulatory action was being taken.

As part of this action, the trust has agreed with NHS England to a number of 'enforcement undertakings' in a bid to resolve the issues.

The trust said it was "fully committed to resolving these matters as quickly as possible".

In its notice published last week, NHS England said it had considered a public letter by Dr Max Mclean, former chair of the trust, who had written about nine areas of concern last October.

Dr Mclean, who resigned last October, accused the trust of delays in investigating three serious incidents at its neonatal unit, including the deaths of two babies.

He said one of the babies who died was three-days-old and the other was 28-days-old, while a 10-week-old was left with a lifelong disability.

Dr Max Mclean, former chair of Bradford Teaching Hospitals NHS Foundation Trust (Image: Bradford Royal Infirmary)

As previously reported by the T&A, Bradford Neonatal Service said all three incidents had "undergone very thorough review and scrutiny" and that "rapid learning was shared at the time of the incidents and action plans to respond were created and followed through".

In its notice, NHS England also said it had "significant concerns as to how the board is operating".

In March, the T&A reported the trust was investigating after a board member publicly made complaints about the alleged treatment of Muslim staff and patients.

NHS England said: "Following the chair's resignation, there has been subsequent deterioration in relationships between members of the board and a series of complaints, including in relation to culture and behaviour, made by some members against others.

"As a result, there are a number of separate ongoing investigations in relation to concerns raised about different members of the board.

"The complaints and investigations, and the deterioration in board relationships, give rise to significant concerns as to how the board is operating and the potential impact of these issues on the effective functioning of the board and its oversight and scrutiny of the (trust's) operations."

NHS England also said the trust's annual planning indicated it would be in deficit by around £14million at the end of the next financial year.

NHS England said it was "concerned this indicates a deterioration of effective financial decision-making and control, and that further action is required by the (trust) to address the financial position".

According to NHS England, the Care Quality Commission (CQC) is also in the process of carrying out three inspections - relating to medical care, maternity and neonatal, and leadership - "following concerns raised with the CQC about the (trust's) services and governance".

The CQC told the T&A it is not yet known when these inspection reports will be published.

A spokesperson for NHS England said "Concerns about governance, quality and finance have resulted in regulatory action being taken.

"NHS England will continue to work with the trust and other partners to enable resolution of these issues."

One of the 'enforcement undertakings' states the trust will "commission a review of board leadership and governance, which will include consideration of relevant actions which may be required in the light of the outcome of the investigations into complaints raised by board members and the CQC review".

The trust will have to implement the recommendations of the review within a timeframe agreed with NHS England, according to the notice. 

A trust spokesperson told the T&A: "The trust requested and welcomes the advice and support being provided by NHS England to ensure it has a unified and inclusive board with effective and robust governor oversight.

"We recognise and understand the reasoning NHS England has applied in its decision to place the trust into segment three of the NHS Oversight Framework and have signed up to the undertaking this involves.

"The board and council of governors are fully committed to resolving these matters as quickly as possible and welcome NHS England's and our other partners support in this work."