The BBC has reported this week that a recent police investigation has revealed that a critical data file containing details of hundreds of maternity cases at Nottingham University Hospitals (NUH) NHS Trust was most likely deleted “intentionally or maliciously”.
This alarming development adds another layer of concern to what is already the largest review of maternity failings in NHS history, currently being led by senior midwife Donna Ockenden.
Missing Maternity Data File at Nottingham NHS Trust: A Deepening Crisis in Patient Trust and Accountability
The file in question, which the BBC believes included sensitive information about maternity cases—some involving baby deaths—was temporarily lost and later recovered.
Nottinghamshire Police’s cyber team concluded that the deletion was “most likely to be the action of an individual,” and not the result of a systemic failure within the Trust. However, the identity of the person responsible remains unknown.
The file’s deletion delayed the review process and led to an additional 300 cases being added to the inquiry, which now encompasses nearly 2,500 cases.
Appalling but not surprising
For families already devastated by poor maternity care, this revelation is a fresh blow. As campaigner Dr Jack Hawkins, whose daughter Harriet was stillborn in 2016, put it:
“We are appalled to hear this news, though sadly we are not surprised…We all gave our trust to NUH staff in our most vulnerable state of life and we deserved better.”
This incident raises serious questions about data security, transparency, and accountability within the NHS, especially in cases involving the most vulnerable patients.
A Legal Perspective: Breach of Trust and the Right to Justice
The deletion of such a vital file, whether malicious or not, represents a serious breach of trust.
For families seeking answers, this kind of obstruction can feel like a second trauma.
From a legal standpoint, this situation underscores several key issues:
- Duty of Care: NHS Trusts have a legal obligation to safeguard patient data and ensure transparency in investigations.
- Obstruction of Justice: The loss of evidence, even temporarily, can hinder the ability of families to pursue claims and uncover the truth.
- Systemic Accountability: While the police found no systemic corruption, the fact that such a breach could occur at all is deeply troubling.
What’s Next?
Nottinghamshire Police have also confirmed a corporate manslaughter investigation is underway to determine whether NUH’s maternity care was grossly negligent.
This is a rare and serious step, reflecting the gravity of the situation.
NUH’s Chief Executive, Anthony May, has stated that new measures have been taken to prevent similar incidents. But for many families, the damage is already done.
How can we help?
Danielle Young is a Partner in our Medical Negligence team, which has been ranked in tier one by the independently researched publication, The Legal 500. She specialises in pregnancy and birth injury claims (including cerebral palsy), brain injury claims, fatal claims, surgical error claims, and cauda equina injury claims.
If you have any questions in relation to the subjects discussed in this article, then please get in touch with Danielle or another member of the team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online form.
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