Andy McDonald

Andy McDonald

Labour — Middlesbrough and Thornaby East

Speaking in the House of Commons on 3 September 2025

Debate

Duty of Candour for Public Authorities and Legal Representation for Bereaved Families

Contribution

It is a pleasure to speak in this debate. I congratulate my hon. Friend the Member for Liverpool West Derby (Ian Byrne) on securing it. The Government committed to a Hillsborough law in their first year, and it should be delivered without delay and in full. The case for action is starkly illustrated by the experience of bereaved families in my constituency and neighbouring areas whose daughters died under the care of Tees, Esk and Wear Valleys NHS trust, known colloquially as TEWV. Three teenage girls—Christie Harnett, Nadia Sharif and Emily Moore—lost their lives in that trust’s care. The independent reports by Niche Health and Social Care Consulting into their deaths were unequivocal: the statutory duty of candour was not met, families were not told the truth and were not supported after the tragedy, and lessons were not learned. The candour that Parliament demanded in 2014 was absent in practice. The trust has since acknowledged those failings, but wider evidence shows that that is not an isolated case. The Department of Health and Social Care’s recent call for evidence found that only 40% of NHS staff thought that the purpose of the duty was clear, and fewer than a quarter believed that it was correctly applied after serious incidents. Most damning of all, 94% of patients and families felt that providers failed to engage with them meaningfully or compassionately when things went wrong. Rob Behrens, the ombudsman, said that avoidable deaths in mental healthcare are “too common” and that the duty of candour does not work. That is why we need an updated duty of candour—one that binds public authorities and individual leaders with consequences when truth is withheld. Crucially, bereaved families must have automatic access to funded representation. For too long, the state has been represented while ordinary families have had to fight alone. I therefore add my voice to those calling for a public inquiry into the deaths of Christie, Nadia and Emily. Indeed, other bereaved families have more than justifiable cause for complaint. Only a full inquiry can reveal the truth, demonstrate why the current duty is insufficient and ensure that lessons are learned. If “never again” is to mean anything, let us deliver the Hillsborough law in full so that openness, honesty and justice become the defining standards of public service.

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