Mother and former coroner hold Harley Street protest over radiologist’s mistake that may have contributed to the death of Gaia Young

Dorit Young and an ex coroner on a vigil in Harley Street.

Last year I reported on the tragic death of talented 25 year old Gaia Young 17 hours after she was admitted to University College Hospital with severe headaches. Her mother Lady Dorit Young was subject to an entirely unsatisfactory and unsympathetic coroner’s inquest by Mary Hassell which let the hospital off the hook saying the cause of death was unknown. You can read my original blog here.

The coroner blocked Lady’s Young’s attempt to get independent evidence from a neurologist but since then she has managed to get an independent neuro-radiologist and neurologist’s report and UCLH have opened a further review into her tragic death.

The protest vigil on September 15 was sparked by the findings of the neuro radiologist who examined the CT scans of Gaia’s brain. It showed quite clearly even to a lay person, according to Dorit ,that the first scan taken and I quote ” there is a gross cerebral and cerebellar swelling. There is effacement meaning ( ” literally meaning ‘ rubbed out’: these fluid spaces should be visible but cannot be seen).”

Gaia Young

This is the opposite to the consultant radiologist who examined Gaia’s scan who said: “The ventricles and basal cisterns are patent…Impression No acute intracranial finding.”

The independent consultant’s diagnosis was confirmed by Dr Charles House, the medical director, when he met Dorit and compared Gaia’s scan with a normal brain scan.

The consultant radiologist who examined this first scan was Dr Ayman Mahfouz, who was on duty at UCLH at the time Gaia was admitted. Dr Mahfouz, has a private practice in Harley Street.

His entry on the private practice site says he  has specialist expertise in breast, gynaecology and general imaging.

He undertakes all aspects of breast imaging including mammographic (plain, contrast enhanced and 3D), Ultrasound, MRI and CT diagnostics. He performs all ultrasound and stereotactic breast related procedures including vacuum excision.

Dr. Ayman Mahfouz is a designated appraiser for doctors at UCLH and has previously been elected as a regional representative for doctors in training at the Royal College of Radiologists. At the time of Gaia’s admission he  held the role as Emergency Imaging Lead for UCLH.

Gaia’s mother would like to contact him about the scans but so far he has not responded. She does not know what pressure he might have been under at the time or how much time he took to examine the scan. I did ask UCLH about whether he wanted to say anything about this but there was no response to my question.

UCLH did issue a response about the review into Gaia’s death.

A UCLH spokesperson said: 

“We met with Lady Young and apologised that Gaia’s care fell below the high standards we strive to provide. We sympathise greatly that the cause of her beloved daughter’s death four years ago is still unknown.  

“We are committed to learning from external opinion and scrutiny and have commissioned a range of independent experts to explore further the circumstances surrounding Gaia’s death. We agreed with Lady Young the scope of the reviews and the experts who will undertake them.   

    “We await the outcomes of all the external reviews to understand if further lessons can be learned and acted upon.”

Dorit’s vigil last month caused more than a flutter on Harley Street. The clinic at 99 Harley Street called the police and also alerted its own security guards. When the one man patrol car turned up with flashing blue lights the policeman turned out to be incredibly polite and said no-one was breaking the law so long as the entrance to the premises and pavement was not blocked.

The friendly security guards curious about the case

Then two security guards turned up, saying they had been informed by a member of the public that large numbers of people were demonstrating there. It turned out to be just three people and they were remarkably friendly and polite when they heard about the circumstances. They didn’t mind having their pictures taken.

The one person who didn’t turn up was the doctor and one of his private practice colleagues politely remonstrated with us that this was not the right way to do things and Dorit should arrange a meeting with the hospital. It was pointed out to him she had been reprimanded by the Trust on various occasions for trying to contact clinicians having cared for Gaia. She never received an answer. The Trust never offered a meeting with any of these doctors.

Gaia’s case has been taken up by an Islington councillor, Dr Hannah McHugh. She wrote a strongly worded opinion piece for her local paper, The Islington Tribune. You can read it here.

She says:” As an Islington councillor, I’ve supported Lady Young in this painful journey. It has revealed something of concern to us all: when things go wrong in our healthcare system, the path to truth is too often long, difficult, and unjust. Tragedies become injustices.”

Slowly but surely the facts about Gaia’s death are coming to light. But so far it has taken four years to achieve with no help from coroner Mary Hassell.

This to me is a general problem across the NHS. Rather than acknowledge to patient’s relatives that mistakes have been made, trust managers initially go on the defensive and are prone to cover up what went wrong and who was responsible. It is only people with guts and determination like Dorit who are prepared to fight for years until they get answers that the true facts start to come to light.

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Revealed: How a whistleblower doctor’s career was wrecked by a NHS trust manager aided by NHS Resolution

Two weeks ago I published a critical examination of how NHS Resolution’s Practitioner Performance Advice service contributed to the demise of whistleblower doctors revealing patient safety issues who stand to lose in 97 per cent of cases when they come before an employment tribunal.

Ealing Hospital Pic credit:BBC

Since publication a number of doctors and patients have contacted me about their experiences with NHS Resolution and it makes disturbing reading. This is one of the cases.

One of the key points in the previous blog is that NHS Resolution does not require the health trust to inform a doctor when it has received advice from NHSR on what action to take against a doctor accused by the trust. So the doctor is completely ignorant that this has happened.

The paragraph in their letter, which is similar in other cases involving doctors, reads: “We encourage transparency in the management of cases and recommend that practitioners should be informed when their case has been discussed with us. I am happy for you to share this letter with the practitioner unless you consider it inappropriate to do so. Moreover, the practitioner is also welcome to contact us for a confidential discussion regarding their case.”

The London and North West University NHS Trust

I am not naming the doctor – an obstetrics and gynaecology consultant – as there will be an employment tribunal in 2027 – six years after the incident – but I am naming the trust, the London North West University NHS Trust- and the manager involved Dr Martin Kuper, then its chief medical officer – as events following this case were in the public domain.

A very tragic story

The incident that caused the referral to NHS Resolution is a very tragic story. An Afghan woman came to the hospital for a  myomectomy – a surgical procedure to take out fibroids ( small lumps) from the uterus.

The operation can be performed by either an incision into the abdomen or key hole surgery. The woman chose to have keyhole surgery as it is less invasive. The doctor performed the operation with an anaesthetist putting her to sleep. Unfortunately during the operation she arrested, bled heavily  and died.

The doctor was blamed by the trust for acting ” seriously below the accepted standard” despite PM Examination clearly reported absence of any injuries to major arteries and veins. According to the doctor what NHSR was not told that the delay in helping the patient was caused by the delay in transfusing blood products especially platelets as Ealing theatres did not stock any Emergency Platelets like Northwick Park theatres when the incident took place. The surgeon used to operate at Northwick Park and he was asked to move his complex surgeries to Ealing Hospital because he had a number of cases waiting more than two years. The day prior to index surgery the surgeon wrote to Trust management explaining that his cases were complex and should be operated upon at Northwick Park and not at Ealing theatres.

Worse the record of the conversation involving Dr Kuper in a letter from NHSR says the doctor was accused of tampering with the electronic record of the incident and omitted to tell NHSR that the doctor was a whistleblower who had raised serious questions about maternity and gynaecology services by that hospital which had not pleased the management. 

The doctor says this account is distorted. He had made an electronic draft entry into the record at 07:30, then made few linguistic corrections to finalise the draft and few hours later at 11:45 he submitted his statement. All these entries and the changes made to the draft are available should you press the Audit Tap of the software used at any time.

As for his concerns about maternity services, it was confirmed on the following month when the Care Quality Commission inspected the hospital and ruled the service as ” inadequate.”

The letter showed NHSR had been told by MD (Chief Medical Officer) that there were ” no other concerns in relation to this surgeon of a clinical nature brought to his attention in the last two years”, i.e, since he joined the Trust.

The letter from NHSR – based on Dr Kuper’s submission- advised as the doctor went off sick following the incident that the doctor should be referred to the Occupational Health service for possible mental and physical health problems. The surgeon also suffered series of sanctions upon his practice including his maternity work despite no concerns were raised at any stages in relation to his maternity work. On the contrary, he was one of the two consultants appointed to the Trust in 2006 to turn the maternity services around following CQC imposing measures on the maternity unit  being ranked in 2005.

Trust was selective and biased during collecting and while considering various witnesses statements aiming at victimising the surgeon. The surgeon and all gynaecologist involved were excluded from the initial stages to set him up for the next step. He was also subjected to an internal special investigation taken through Maintaining High Professional Standards procedure which amounts to an internal disciplinary procedure. Trust was selective 

None of this advice was conveyed to the doctor and the trust ignored the suggestion from NHSR that they should be open and transparent about the letter.

The letter was not sent to the doctor in a timely manner prior to start of MHPS investigation and he had to submit a subject access at some point, which cannot be refused, to obtain all the correspondences between Trust and NHSR.

There had been a coroner’s hearing under senior coroner Lydia Brown in which he was blamed for the death and the coroner blocked his barrister from pursuing questions about the action taken or not taken by the anaesthetist especially the delay in transfusing coagulation factors and the trust emphasised he had been reported to the General Medical Council for Fitness to practice investigation to protect patients and public.

However, this was not enough for the trust which made it impossible for him to get a job elsewhere by requesting NHSR to issue HPAN against his practice advising other potential employers not to appoint him advising responsible officers in other organisations to contact Dr Kuper’s successor Dr Johnathon Baker, the current CMO). By issuing the Notice the NHSR was given Trust another opportunity to wreck the surgeon career. This HPAN notice will be kept at NHSR records for thirty years before it can be destroyed.

Dr Baker raised numerous concerns regarding the Surgeon practice following carrying out an unjustifiable look back investigation into his unblemished practice, ending up referring a total of 23 cases to GMC but did not mention at any stage that the doctor raised patients’ safety concerns.

Helen Vernon, chief executive NHS Resolution

But when the report came back from the GMC he was completely exonerated of any clinical allegations in relation to the index case or any of the other 22 cases.

The surgeon complained to the NHSR in November 2023. The reply from Helen Vernon, the chief executive a month later is very revealing.

First the adviser was on prolonged sick leave and was unable to be involved. But her reply raises points on the role of the NHSR which show how weak it is.

She says: “As the Advice Service is not a decision-making body, any decisions regarding the management of a practitioner must rest solely with their employer/contracting body. Whilst the employer/contracting body may have regard to any advice provided by the Advice Service, having considered and weighed up all the relevant information available, they may take a view which differs from the opinion expressed by the Advice team.”

It was also clear that NHSR did not know he was a whistleblower, and were not certain whether it was aware of the bad CQC report on maternity care at the hospital. An unsatisfactory reply. altogether.

There is a postscript about the senior manager involved in this case – Dr Martin Kuper. He went on to become chief executive of the prestigious Moorfield Eye Hospital NHS Trust.

Martin Kuper

This year GB News reported that no fewer than 80 consultants had sent a letter to the board of the hospital complaining it had a culture of bullying, financial mismanagement and lack of transparency.

The report is here. As a result both the chair and the chief executive resigned. The trust in a statement said “Martin Kuper has taken the decision to resign from his position as chief executive of Moorfields and will formally leave the organisation.” There was very little about his achievements while he was there and at the moment does not appear to have got another job in the NHS.

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Ten brave women still need your help to bring a ground breaking court case that could change employment tribunals forever

Stormy scene around tilted scales of justice as judges avoid complaints

Remember the ten brave women I wrote about who are challenging the bullying behaviour of Employment Judge Philip Lancaster? See my blog here. The ones the justice system refused to investigate despite overwhelming evidence?

They’re now in a race against time – and the Judicial Conduct Information Office is playing its oldest trick: delay, delay, delay until they run out of money or miss their deadline.

Here’s what’s happening:

The women issued their Letter Before Action to the Judicial Conduct Investigation Office (JCIO) in September. The JCIO’s deadline to respond under the pre-action protocol was 8 October. They missed it. The women waited another week. They missed that too.

Now the JCIO says they won’t respond until 20 October – leaving barely two weeks before the women must file at court in early November or lose their right to bring these proceedings forever.

Classic establishment tactics. Unlimited taxpayer funding and government lawyers versus women running on crowdfunding and determination.

But here’s why this matters more than ever:

In September 2025, Baroness Harriet Harman KC published a damning report on judicial misconduct. Her conclusions are devastating:

“The problem is the culture of impunity for those at the top who commit misconduct. Those in powerful positions whether at the Bar or in the judiciary who choose to engage in bullying, harassment or sexual harassment can be pretty confident that nothing will be done about it. And that is what must change.”

She identified a “cohort of untouchables” amongst the judiciary and “particular judges who are widely known for making everyone’s lives a misery.”

This is EXACTLY what these women are fighting to expose.

The women need £40,000 total to see this through

They’ve raised £17,335 so far – incredible progress from 472 supporters. But they need £40,000 in total to get this case into court and finish what they’ve started.

Their legal team of outstanding women lawyers at Deighton Pierce Glynn has already slashed fees dramatically. But even at reduced rates, taking on the government is expensive.

What’s at stake:

  • 35,000+ employment tribunal users face these tribunals every year
  • If this judicial review succeeds, the JCIO will be forced to properly investigate judicial misconduct
  • Judges who egregiously abuse their power and block the release of the court record will finally face consequences
  • Whistleblowers will be better protected

This isn’t about these women and whistleblowers getting compensation – their chance at justice has been lost forever. If they win the judicial reivew there won’t be any compensation – just the knowledge that they exposed a corrupt complaint system. And showing judges that they are not above the law.

How to donate:

Go to: https://www.crowdjustice.com/case/exposing-judge-lancaster/

Every pound counts. They cannot let the judicial establishment win by simply outlasting them financially. Not when they’re this close.

Please help them as they have shown remarkable courage and integrity to do this for the greater good but they can’t do it without further financial help.

The secret influence of NHS Resolution that ensures so many doctor whistleblowers don’t get their jobs back

logo for NHS Resolution

Why do 97 per cent of whistleblowers fail to win their cases in employment tribunals? Why are they sacked – not for their disclosures of patient safety which is illegal – but under the nebulous title – some other substantial reason (SOSR)? This could be allegations of bullying or saying they cannot get on with colleagues.

But how does a trust gather such information to discredit a doctor? What I have discovered is that NHS trust managers can get a free advice service or an endorsement for actions considered by managers against a Whistleblower from NHS Resolution, an arms length quango from the Department for Health and Social Care.

This ” phone a friend” service would allow the manager to set up a case file under Practitioner Performance Advice without the doctor even knowing this has happened. Effectively the evidence will be later presented at an employment tribunal by highly skilled and expensive lawyers hired by the trust to discredit the unfortunate doctor.

This process has no transparency, no verification with the doctor and there are no public records of what happens in these cases.

The only information that there is such a process is in the annual reports and accounts of NHS Resolution and even that is very sparse.

While there are reams of statistics about the organisation’s public facing work dealing with patients complaints about clinical and non clinical issues which it tries to resolve without going to expensive legal action, the role of practitioner performance advice service gets very little mention.

In the 2024-25 annual report it acknowledges “NHS Resolution’s Practitioner Performance Advice service delivers expert advice, support and interventions on the fair management of concerns about the performance of doctors, dentists and pharmacists.”

How do they judge performance having branded the therapist with a “behaviour” issue at the outset even with untrue claims or without awareness of risks to patients? Only when the formal referral actioned the therapist or doctors may get an opportunity to represent their side of the story BUT if the behaviour analyse are not even clinicians, how would they understand what culture therapist or doctor has been working in.

The PPA service also claims to be very efficient. It says 90% of advice and other case interventions delivered within target timeframe – this was achieved in 2024/25 NHS Resolution annual report and accounts 2024 to 2025 90% of all exclusions/suspensions critically reviewed (where due) – this was within tolerance at 82%, with 155 of 189 exclusions/suspensions reviewed within required timescales.

What it does reveal is that trusts searching to use its services are booming.

The report says: “The service received 1,420 new and reopened requests for advice from healthcare organisations with concerns about the practice of individual practitioners as well as services in 2024/25, representing a 24% increase compared to 2023/24.The open caseload at the end of the financial year stood at 1,149, a 15% increase when compared with the end of 2023/24 .”

It adds: “Requests for assessment and remediation services remained at a high level in 2024/25, with 50 requests for professional support and remediation action plans, 44 requests for behavioural assessments, six requests for clinical performance assessments and four requests for team reviews.”

And it says:” NHS Resolution delivered OARs ( Organised Activity Reports) to 18 secondary care trusts in England, offering follow-up consultations with a Performance Practitioner Advice adviser to each, and finalized reports for primary care trusts, mental health trusts and trusts in Wales and Northern Ireland for delivery in 2025/26″.

Helen Vernon, CEO of NHS Resolution

On what grounds has this service without transparency or regulation of its advisors been set up and run?Sally Cheshire Chair of the NHSR , and Helen Vernon,CEO, need to explain this.

The only other references are likely to lead to hollow laughs from some of the whistleblowers who lost their jobs at trusts – notably Martyn Pitman at Hampshire Hospitals NHS Trust and Usha Prasad at the now St Georges and Epsom and St Helier Hospitals Trust.

It claims that the whole process is to “develop Compassionate Conversations in relation to performance conversations to support kindness and compassion within the NHS .”

It goes on to say: the aim of the advice includes” Fostering just and learning cultures rather than punitive approaches” and” Ensuring fairness and proportionality in managing performance concerns.”

If there is a lack of transparency how can it be justified as a just culture suitable for learning?

Having covered employment tribunals now in NHS sacking cases the last thing I have seen is any compassionate conversation. Instead the trusts are keen to employ numerous highly paid lawyers to terrify and frighten professional doctors reducing in some cases people to tears – at enormous cost to the taxpayer who foots the bill for their salaries.

So if NHS Resolution is boasting about saving lawyer’s fees in patient complaint cases, it is also responsible for increasing lawyer’s fees – often running to hundreds of thousands of pounds – by advising trusts on how to ruin doctors’ careers when all they have raised is patient safety problems.

If you take this process alongside my previous blog about the role of the General Medical Council and its relationship with the responsible medical officer in the trust- it is no wonder that whistleblowers have little chance of success in the NHS. I now know of senior doctors who are NOT going to report patient safety issues because they fear it will be the end of their careers if they do.

NHSR’s PPA is yet another tool like the unregulated triage by the GMC that can be exploited to bury serious concerns using public funding.

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The Black Hole of Accountability: Employment Judges Block Evidence in Their Own Misconduct Cases

Judge Barry Clarke who is president of employment tribunals in England and Wales

The English and Welsh Employment Tribunal system is operating under an extraordinary contradiction that strikes at the heart of judicial accountability: judges accused of misconduct can legally withhold the only evidence that exists against them.

This isn’t a bureaucratic quirk. It’s a fundamental breach of justice that’s destroying lives and making a mockery of the complaints system.

The Case That Exposes Everything

Employment Judge Philip Lancaster faces multiple misconduct complaints from whistleblowers, including Sellafield Whistleblower, Alison McDermott, and many others. The evidence needed to investigate these complaints? The judge’s own handwritten notes from the hearings in question.

Here’s where it gets explosive: Justice Secretary Shabana Mahmood has confirmed to MPs that where no audio recording exists, these judges’ notes constitute the official court record.

Yet Lancaster refuses to release the official court record. The very judicial notes that the Justice Secretary says are the official record. The only evidence that exists of what happened in his courtroom.

In other words, the judge accused of multiple breaches of misconduct and betraying his judicial oath has become the sole gatekeeper of the evidence against himself.

A System Designed to Block Scrutiny

Let’s be absolutely clear about what’s happening here. No other professional under investigation could do this:

  • Police officers can’t withhold bodycam footage when under investigation
  • Civil servants can’t lock away departmental emails
  • Politicians can’t refuse to release official documents
  • Doctors can’t refuse to release patient notes

But Employment Tribunal judges can — and do — withhold their notes – the only record of proceedings, even when facing serious misconduct allegations and even though the Justice Secretary has categorically confirmed that the judicial notes are the official court record.

The President’s Defensive Wall

When I pressed Judge Barry Clarke, President of the Employment Tribunal, for answers to this blatant unfairness, the response was revealing. I asked  direct questions:

  1. Does he accept that judges’ notes are the official record, as stated by the Justice Secretary?
  2. If yes, what legal authority allows Lancaster to withhold them?
  3. If no, who can intervene?

Instead of answers, I received pages of case law about judicial independence — a concept that was never meant to shield judges from accountability when facing misconduct investigations.  Clarke’s office has chosen to defend a practice that subverts open justice rather than confront a shocking flaw that undermines the entire tribunal system.

Clarke defended the practice as a matter of “judicial discretion.” But this is precisely the problem: access to the official court record should never be discretionary. It should be an absolute right. In every other court in the land, parties can obtain transcripts, recordings, or official records of proceedings. But in the Employment Tribunal, Clarke has normalised a system where individual judges become personal owners of public records, free to release or suppress them as they see fit. This isn’t about protecting judicial independence — it’s about placing judges above the law.

The fact that Clarke sees nothing wrong with a judge under investigation controlling access to evidence against himself reveals how deeply this corruption has infected the tribunal system. When the President himself cannot grasp that court records belong to the public, not to individual judges, we’re no longer talking about reform. We’re talking about a system that needs to be torn down and rebuilt from scratch.

“This Is Not Justice — It’s a Travesty”

For Alison McDermott, the Sellafield whistleblower, who is leading a judicial review against Employment Judge Lancaster, the situation is both personal and devastating:

“I was horrified to discover my hearing was not recorded. No audio, no video — nothing. Judge Lancaster, who is facing multiple charges of misconduct, is refusing to release the very evidence that could prove it. In any other profession, this would be seen as obstructing evidence. In the Employment Tribunal, they call it standard practice. We’re not asking for special treatment. We’re simply asking for the official court record of our own hearing. But in Britain’s tribunals, the accused judge gets to be the gatekeeper. When judges can keep secret notes, and then withhold those notes when under investigation, we don’t have a justice system. We have a closed shop where judges police themselves. .This is not justice.  It is disgusting perversion of justice and a travesty that denies any possibility of a fair trial.”

The Deeper Rot

This scandal reveals three interconnected failures that should alarm anyone who believes in the rule of law:

First, many Employment Tribunals don’t record their proceedings. In an age where every high street shop has CCTV, our tribunals rely solely on judges’ handwritten notes — notes taken by people who receive no training in accurate record-keeping and face no monitoring of their note-taking abilities.

Second, these unverified notes become the official court record. Your career, your reputation, your access to justice — all hang on a judge’s personal scribbles. Yet you are denied access to them.

Third, when that judge faces investigation, they alone decide whether anyone can see those notes. The accused becomes the gate keeper of the very evidence needed to prove misconduct.

Why This Matters Beyond One Case

This isn’t simply about Judge Lancaster. It’s about a system that has abandoned its most basic principle: open justice. The latest annual report from the Judicial Appointments and Conduct Ombudsman – see here – show that there were 424 complaints against judges last financial year where people contacted the Ombudsman because they were dissatisfied. Of course only a few – 23 – were investigated – the vast majority being thrown out often because it breached the three month time limit for complaints to be heard.

Regional Judges and the President of the Employment Tribunal have also applied this three month deadline rigidly, striking out cases before their substance can even be tested. Campaigners say the effect is to silence victims and protect those in positions of power. And now Baroness Harriet Harman agrees.

Harriet Harman’s Independent Review of Bullying, Harassment and Sexual Harassment at the Bar [see here]was blunt about the flaws. In paragraph 34 she wrote: “There is no benefit in restricting complaints arbitrarily. Indeed, the only practical benefit it has is to protect those engaging in misconduct.” She added it was “surprising that the judiciary confirmed the reasonableness of this time limit after reviewing it as part of the consultation on judicial discipline in 2023.”

Courts must be open to scrutiny. Proceedings must be transparent. The court record. must be accessible. These aren’t optional extras — they’re the key foundations that separate justice from an abuse of arbitrary power.

The Question That Demands an Answer

Either the Justice Secretary is right that judges’ notes are the official court record — in which case Lancaster’s refusal to release them is a scandal that should trigger immediate intervention — or she has misled MPs about how the tribunal system actually works.

There is no third option.

The government cannot claim these notes are the official record while simultaneously allowing judges to treat them as private property, especially when facing misconduct investigations.

A System in Crisis

A tribunal system that allows judges to withhold evidence against themselves cannot command public confidence. A President who defends this practice rather than reforming it has failed in his duty. A Justice Secretary who knows this is happening but doesn’t act has abandoned her responsibility.

The principle is devastatingly simple: without access to the court record, there can be no proper appeals, no effective complaints process, and no real justice.

Until this changes, the Employment Tribunal will remain what it has become: a system where judges facing serious allegations can simply make the evidence disappear.

That’s not judicial independence. It’s judicial impunity.

And in a democracy that claims to value the rule of law, it’s completely unacceptable.

The full letter from his office is here if you want to read it.

Also it is essential to help fund the judicial review so it can reach its £30,000 target. The link to donate is https://www.crowdjustice.com/case/exposing-judge-lancaster/

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Exclusive: Complainant” Mr U ” waives anonymity to reveal the child sex abuse cover up behind the Charity Commission and Parliamentary Ombudsman dispute

Kevin O’Neill Marist college principal and paedophile Pic credit: Lancashire Evening Telegraph

Damian Murray tells Westminster Confidential about his long battle with the Roman Catholic charity which covered up child sex abuse for 11 years

This is a story of the concealment and denial of child sex abuse by a charismatic principal of a college and religious charity who escaped justice in his lifetime and the failure of many organisations, including the Charity Commission and the charity to do anything about it.

Father Kevin O’Neill, a Marist priest, was principal of the Roman Catholic St Mary’s College in Blackburn. It was closed down in 2022 with £8.2 million debts reportedly caused by falling student numbers. It had been propped up by the last Tory government with emergency funding since 2020.

He was principal of the college from 1978 to 1993 and worked in Blackburn since 1964. He was born in Barking, east London and attended the Roman Catholic St Mary’s College in Middlesbrough going on to a get a degree at Christ’s College, Cambridge.

Damian was a pupil at the school between 1970 and 1977 and only discovered years later when a former pupil Graham Caveney revealed in a memoir that he had been sexually assaulted by O’Neill when he was a pupil there. It was then he realised O’Neill, as he long suspected, had been trying to groom him. The book, The Boy with Perpetual Nervousness was reviewed in The Guardian in 2017. See here.

Unlike Graham Caveney he was never sexually assaulted. It was in 2017 -seven years ago – that he started putting in a complaint to the Charity Commission and the Department for Education only to discover that neither were keen to take action. That is what led him to complain via his MP to the Parliamentary Ombudsman who have been the only people to do something about it

His view of the process is scathing. “This tortuously extended process also uncovered to me the worryingly close personal and organisational relationships actively fostered and maintained between the UK Roman Catholic Church and both the DfE and the Commission. It has shown in my view the
Commission in particular to be proudly unaccountable, intransigent, incompetent and
completely unfit for purpose.”

The former St Mary’s College, Blackburn Pic credit: Lancashire Evening Telegraph

The cover up by the Marist priests is as bad as the actual child sexual abuse. When it was admitted in 1993 none of the governors of the school were apparently told and the principal was packed off to the United States on the grounds he was sick. When he died back in the UK in 2011 after getting dementia a celebratory mass was held at the school and the Lancashire Evening Telegraph is full of glowing tributes to him from former pupils with his nickname ” the Rev Kev” prominently mentioned. None of the pupils would have known about his dirty secret.

As bad as that the school in 2008 named a new £2.5 million arts centre in his honour – the O’Neill Academy for Performing Arts – which is now in use as a community venue.

And as late as 2024 the accounts of Marist society a curious note reveals :“At the start of 2023, the Charity was informed by the RLSS [ Religious Life Safeguarding Service] of an historic allegation made against a deceased member of the Society. The allegation was immediately investigated with all relevant parties (including the Charity Commission) notified of the event. After a full investigation and professional advice, the victim received a private financial settlement of £30,000 in full and final settlement of the claim. The RLSS has now closed this case.”

Damian says the charity ” deliberately lied about and concealed O’Neill’s abuse from the police; from school and charity regulators; from charitable donors and beneficiaries; from current, former and prospective staff, pupils and parents at St Mary’s College from other potential victims of O’Neill’s grooming or abuse; and from the wider public.”

He said :”The Diocese of Middlesbrough, the Department for Education and the Charity Commission have all failed to demonstrate effective, timely, or appropriate oversight of the Marist Fathers at any time
since the abuse was disclosed in 1993. Between 2017 and 2020 when I brought these important concerns to their attention in great detail and in line with their statutory or other formal responsibilities, these allegedly independent regulators have blankly refused to address any of them directly. They have simply chosen to turn a blind eye, both to O’Neill’s sexual abuse of a child in his care and to its long-term, deliberate concealment by the Marist Fathers.”

He managed to send his evidence to the national child sex abuse inquiry in the UK headed by Professor Alexis Jay about the case, though by that stage its formal hearings were closed. The inquiry has published a wider critical report on child sexual abuse in the Roman Catholic Church.

The Charity Commission says it is beyond its power to do anything about a charity’s role in “historic ” cases of child sexual abuse but this will be tested in a judicial review it is bringing against the Parliamentary Ombudsman claiming it is exceeding its powers in this case.

Blackburn is not alone in suffering child sexual abuse at the hands of Marist Fathers or the associated Marist Brothers. The Royal Commission into child sex abuse in Australia reported in 2014 on cases in schools in Queensland and New South Wales – one involving 19 boys – and in New Zealand nine Marist brothers were convicted of child sexual abuse.

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Two damning reports from Parliamentary Ombudsman say Charity Commission failed complainants about sexual abuse

The Parliamentary Ombudsman’s Office today published two reports into the Charity Commission’s handling of separate sexual abuse cases following Parliament’s rare privilege decision last week – see my report here – to compel Paula Sussex, the Parliamentary Ombudsman, to release them in the face of the Commission starting legal action to stop or delay publication.

Both reports highlight the failure of the Charity Commission to implement some of its findings and the total dissatisfaction of the two complainants – Lara Hall, 37 and Damian Murray, who is 66. Both decided to waive their anonymity. I will be publishing a separate follow up story on Mr Murray’s case after he contacted me – particularly after the local media failed to cover it. It is a truly shocking story.

The two cases are different. Lara Hall’s case involves the sexual exploitation by a trustee of a UK charity where she acted as a whistleblower.

Damian Murray’s case involved historic sexual child abuse by a prominent figure in the local community which was concealed by the charity and the college where he worked.

Lara said:

“The Charity Commission’s repeated failures have caused me profound pain and ongoing injustice. Instead of holding a trustee to account for appalling sexual exploitation, it questioned my experience and forced me to relive my worst trauma. How can survivors feel safe reporting abuse if they think they will be treated like I have? 

“By trying to block Parliament from seeing the reports, the Commission attempted to avoid scrutiny – striking at the heart of accountability in our democracy. Even now, it refuses to accept responsibility or act to put things right.

“It is my hope that by bringing the reports to Parliament’s attention action will finally be taken. The Commission must urgently address safeguarding to protect vulnerable people. Right now, it is failing in its core duty.

“It is time for change, oversight, and accountability within the Charity Sector so what happened to me is never repeated. I call on Parliament to hold the Commission to account and restore public trust. People deserve to feel safe approaching charities, and they deserve a regulator that takes safeguarding seriously

Damian Murray said:“For over seven years the Charity Commission has refused to act upon my complaint about the concealment of child sexual abuse.

“The Charity Commission has doggedly resisted all efforts by me, and latterly the Parliamentary Ombudsman, to encourage it properly or promptly to discharge its statutory responsibilities, choosing rather to shield the charity and its Trustees from scrutiny and accountability.

“After much unnecessary time incurred due to this resistance, the Ombudsman’s report has now been laid in Parliament. I trust now that politicians will hold the Commission to account, where I as an ordinary UK citizen failed.

“By stark contrast with the Commission, I very much appreciate the careful, professional and empathetic way that the Ombudsman’s team have dealt with me and with the complex and consequential concerns I have raised.”

Parliamentary and Health Service Ombudsman CEO, Rebecca Hilsenrath KC (Hon) said: 

“The Charity Commission indicated throughout our investigations that they did not agree with our findings.  They have not complied with the bulk of our recommendations, despite our best efforts and our willingness to work with them to ensure compliance.

“It is important that the Commission provides a full apology for their failings and reassures Lara and Damian that they will put things right by complying completely with our recommendations. They have not done this so far. 

“Our report has now been laid in the House of Commons, following the intervention of Parliament last week. The Commission had prevented us from doing so by bringing legal proceedings. We act on behalf of Parliament to hold Government and other national bodies to account for failures, and we have a responsibility to make Parliament aware of cases of non-compliance. I am pleased that Parliament has taken an interest in these cases and has given us the opportunity to bring them to the attention of the House so that it can intervene.

“The purpose of our investigations is always to encourage learning and service improvements. If an organisation looks at what went wrong, it will be able to stop the same mistake from happening again.”

The Charity Commission released a statement criticising the action of Parliament to order publication of the reports.

A spokesperson said: “We have long accepted that there are genuine and important lessons for the Commission to learn from these two sensitive cases, principally in the way in which we communicate with complainants, and we have made improvements to our processes as a result. We have previously apologised to both complainants.

The Commission undertook detailed reviews in each case, as set out by the Ombudsman, and concluded that the overall outcome in each case was sound. In the case of Ms Hall, we had already issued an official warning to the charity concerned. 

But it is our view that by making the decision that we did not comply with certain recommendations in its reports, the Ombudsman has misunderstood our remit and overstepped its role, meaning that its decision making was unlawful.

We respect the work and authority of the Ombudsman, but it is vital that we, in turn, are enabled to do the job that Parliament set us

We have worked hard to seek to resolve the matter with the Ombudsman directly, but this has not proven possible. For that reason, we have brought legal action at the High Court. 

We have not asked the court to block the laying of any report before Parliament. We did, though, ask the Parliamentary committee to delay considering the reports to allow the courts to give judgment on our own and the Ombudsman’s statutory remits first.”

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Charity Commission reported to Privileges Committee by MPs after it tries to stop a critical report by Parliamentary Ombudsman

Simon Hoare MP, Tory chair of the Public Administration and Constitutional Affairs Committee

Exclusive: Report will reveal huge dispute over two reports into complaints of sexual abuse by charities supervised by the Commission

An extraordinary stand off between Parliament and the Charity Commission was revealed yesterday after Simon Hoare, Tory chair of the Commons Public Administration and Constitutional Affairs Committee, made a rare use of privilege to compel the Parliamentary Ombudsman, Paula Sussex, to publish a critical report into the Charity Commission next week after MPs were told the Commission was blocking its publication.

Lyndsay Hoyle, the Speaker, granted the request. It was the second one he has granted in four years – the last being from Angela Rayner, when she was in opposition in 2021 ordering the release of Government minutes of meetings between former Tory MP Owen Paterson, health minister, Lord Bethell and special advisers over the award of up to £777 million Covid testing contracts to Randox Laboratories, without competition who employed the MP as a consultant for £8333 a month.

MPs were told by Mr Hoare that the Charity Commission was blocking publication by going to judges and he wanted it reported to the Privileges Committee.

He said “The Charity Commission is bringing legal proceedings deliberately to prevent the laying of two reports before this House. That completely undermines the linkage between the ombudsman and this place, and …undermines our opportunity and decisions to look at any information that we deem to be of importance, or that matters to us, in order to allow us to advance policy.”

He claimed:  “Members from across the House have privately raised with me concerns about decisions that the commission is taking. It is appearing to do so in a slightly abstract or perverse way, without any degree of accountability. That matter is separate from this motion, but it is important for all our arm’s length bodies, and particularly the Charity Commission, to understand that this House will not be bullied by arm’s length bodies seeking recourse to the courts to stop us doing our job properly, efficiently and professionally on behalf of all our constituents.”

He was backed by Tory frontbench spokesman Alex Burghart and junior Cabinet Office minister Georgia Gould.

The Charity Commission has put a different interpretation of events in a statement issued yesterday which is at the end of this blog. Basically it is saying it was not aiming to block publication.

Bizarrely Mr Hoare said he had no knowledge of the complaints by a Miss A and Mr U in the two reports and had not seen him.

But both are already in the public domain on the Parliamentary Ombudsman’s website. Both contain criticism of safeguarding over sexual misconduct. Miss A has publicly named herself as Lara Hall, aged 35, and is a survivor of sexual abuse and a whistleblower.

She says in the news report issued by the Ombudsman: ” “I feel institutionally betrayed by the Commission. It made repeated commitments to me to deregister the charity and said it would do all it could to disable the trustee from acting in the name of charity in future, but the Commission dramatically changed regulatory course. This left me feeling incredibly vulnerable and confused.

“I feel so thankful and humbled to the PHSO for its diligent and thorough investigation into my complaint. I’m disappointed at the lack of contrition from the Commission.”

Acting Parliamentary Ombudsman Rebecca Hilsenrath said “Our investigation uncovered a number of failings around the Charity Commission’s handling of serious safeguarding concerns. It is important that the Commission apologises for its mistakes and reassures Lara that it will put things right.”

The full news report is here.

The second report involving Mr U involves historic child sexual abuse by a charity and in a sixth form college run by a religious charity. The abuse was hidden by the charity and it involved priests including one perpetrator who has a building named after him and was given a celebratory mass when he died.

The report said:” Mr U had long suspected he had also been a victim of grooming by the perpetrator. He told us it was only the book written by the victim in 2017 that allowed him to confirm the abuse as such. He told us the apparent absence of other victims was part of the reason he gave the perpetrator the benefit of the doubt for many years. ” When he raised issues he was treated as a vexatious complainant. The full report is here.

The Charity Commission says:“The Commission is challenging a PHSO decision that we have failed to implement some of its recommendations in two specific cases. We are concerned that PHSO’s approach expects us to act beyond our legal remit, at odds with Parliament’s intentions, and undermines our ability to regulate independently and effectively.

“We sought to resolve these matters without the need for legal proceedings but have been forced to put these matters beyond doubt, for the benefit of both organisations in fulfilling our respective public duties. We are therefore seeking the guidance of the High Court via a public law challenge.

“We welcome proper Parliamentary scrutiny of our role and have not asked the courts to prevent PHSO from laying any report before it. We had previously invited PACAC to delay its consideration of any report from PHSO related to this case, pending the outcome of these legal proceedings.”

 We are mindful this matter has arisen from complaints of difficult personal experiences related to charities. We accepted there are some genuine lessons for the Commission to learn from these two sensitive cases, and we have made improvements to the way we communicate with complainants.”

A charity should be a safe and trusted environment. As regulator, we are clear that keeping people safe should be a priority for all charities.”

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Institutional Corruption in Employment Tribunals: Dr Chris Day’s damning letter to top judge

Lord Fairley

Veteran NHS whistleblower campaigner, Dr Chris Day, has written a damning letter to Lord Fairley, President of the Employment Appeal Tribunal, accusing the system of “Institutional Corruption” in the way it has handled his case.

Dr Day, who has just lost an appeal case heard by employment appeal judge Sheldon, compared the way both the employment appeal court and the previous employment tribunal handled the proceedings to the verdict in the infamous Daniel Morgan murder case which has never been solved after a trial of suspects collapsed.

The way this murder was handled by the Metropolitan police led the independent panel to rule: ““Concealing or denying failings, for the sake of an organisation’s public image, is dishonesty on the part of the organisation for reputational benefit. In the Panel’s view, this constitutes a form of institutional corruption.”

Dr Day has emerged bloodied but not unbowed from a judgment that rejected all the detriments he claimed and was surprisingly unconcerned about the defendants Lewisham and Greenwich Health Trust’s chief executive lying on oath about a board meeting and its deputy communications office, Mr Cocke, destroying 90,000 emails that could have been useful to his case during the hearing. The worst the judgment could say was this was ” troubling.” Given this centred on his whistleblowing about the avoidable deaths of two patients in Woolwich hospital’s intensive care unit, which the trust has always tried to deny, this is a remarkably tame comment.

What was particularly hurtful to Dr Day is that at the appeal hearing he was accused in open court of lying about cost threats. He had been clear that he was forced at one stage to try to settle his case because he was told by his barrister that he would face a proposed application from the NHS for £500,000. See my report on his wife’s evidence here.

Effectively he was being called a liar by saying this had happened. Instead there is copious evidence that it did happen.

As he says in his letter: “At my most recent hearing, Mr Justice Sheldon explicitly stated in front of public observers that I was “lying” about being threatened for costs. He did this in circumstances when he knew my belief in cost threats was robustly grounded on written material from by former barrister Chris Milsom. He also knew that this material was enough to convince 2 MPs, the Telegraph and Financial Times that I had been threatened for costs. Accusing me of lying about cost threats in these circumstances was nothing more than a cheap smear to make me look like a liar in public.”

Or as he wrote earlier: “Dishonest or deluded whistleblowers don’t tend to have the support of former health ministers, senior doctors and the BMA to fund a KC.”

Also there is ample evidence in reports by lawyers that attempts to put costs on whistleblowers are commonplace. Indeed some lawyers moan they can’t get enough of them.

Dt Chris Day

His complaint about ” institutional corruption ” is not directed at individual judges but at the legal system where lawyers socialise with each other and don’t want to see a colleague’s reputation or career damaged by having to admit they got it wrong.

As he says in his letter: “My complaint is not directed solely at individual judges but at the institutional handling of this matter. The EAT has placed judges in an impossible position: adjudicating on issues that, if determined on the evidence, would have serious implications for people with whom they admit to having ongoing professional or social relationships including being connected on social media.
“This is precisely the type of reputational self-protection identified as “institutional corruption” in the
Daniel Morgan inquiry. I am not expecting you or the EAT to do anything about this but want to record
my position and the fact that it has been put to you as EAT president. You will note 2 MPs have called
for a public inquiry into this case.”

The full letter is on the internet here. His account of the case on Linked In is on https://lnkd.in/dZuKkTFG.

My view from covering a number of tribunals- both involving whistleblower doctors, nurses and in the world of industry and the arts – is that lawyers are getting too cosy and comfortable with each other. Add to this the loss of media interest in all but the most lurid of court cases, there are precious few journalists left to observe what is happening in the courts.

All this is to the detriment of the ordinary member of the public when they fight their case. Arraigned against them is a club that knows how to fix the outcome. And this is destroying the principle of open justice and why we need radical reform of both the employment tribunal and county court system.

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High Drama at Glyndebourne: An extraordinary tale of a sacking, a broken settlement and strange behaviour in the courts

Edward Romain

While opera lovers have been enjoying in blissful sunshine a season of high operatic drama in the prestigious grounds of Glyndebourne in the Sussex countryside, another very different drama has been unfolding quietly inside the organisation itself.

Edward Romain, aged 39, a well-qualified fundraiser and writer whose previous roles included raising money for the Yehudi Menuhin music school, was appointed as a senior fundraiser for Glyndebourne, which relies on high-value donor support to sustain its world-class productions.

He began on a probationary period. Towards the end of that period, in October 2023, he tried to understand how earlier probationers had fared, to improve his own chances of securing a permanent role. In doing so, he came across a file containing previous probation reviews. The file was not password protected and included sensitive personal information, including medical histories.

Alarmed that such information was accessible to staff via an unsecured file, Romain reported the issue to management — raising what he believed to be a serious data protection failure — and effectively becoming a whistleblower.

However, Glyndebourne’s version of events, submitted in legal papers now before the court, tells a very different story.

They state:

“On or around October 2023 the Claimant accessed and read several confidential Probation Review Forms which he found in an unsecure file created by his line manager. The Claimant took screenshots of these Probation Review Forms and sent them to the Defendant’s HR and Head of Governance thereby procuring and committing a data breach. The Claimant subsequently sent repeated emails that were entirely inappropriate in tone and appeared to be blackmailing the Defendant into bringing his probation period to an end and using the alleged data breach as leverage to pass his probation.”

In short, Romain was accused of committing a data breach — rather than reporting one. Glyndebourne dismissed him for “gross misconduct.”

The matter was resolved by a confidential agreement under which Romain resigned, received a financial settlement, and was promised a reference. The agreement, according to court papers, included standard confidentiality and non-disparagement clauses. It also discouraged further escalation, including reporting the breach to the Information Commissioner.

The existence of the incident remained unknown until the High Court proceedings brought it into the open.

All appeared quiet until the following year, when Romain applied for a fundraising position at Bede’s Senior School in Upper Dicker, East Sussex. According to documents filed in court, he was offered the job in April 2024 — but the offer was then revoked. Romain alleges that someone from Glyndebourne contacted the school in breach of the settlement. Glyndebourne denies this.

The school’s letter stated:

“This decision has been made based on the checks that were carried out and the references we received during the final stages of our hiring process being unsatisfactory.”

At that point, Romain took legal action against both Glyndebourne Productions Ltd and Loch Employment Law Ltd, the firm that had drafted the original settlement on Glyndebourne’s behalf. He issued proceedings in the County Court through the Civil National Business Centre.

The litigation followed Glyndebourne’s alleged failure to respond to data subject access requests — with only 34 out of an estimated 500 documents released, according to Romain. When neither Glyndebourne nor Loch responded to the initial claim, their defences were struck out in January 2024. Romain applied for default judgment.

Judge Andrew Worthley

Then things took an unusual turn.

The case was, without his agreement, transferred to Worthing County Court. There, District Judge Andrew Worthley declined to recognise the earlier strike-out, stating there had been no valid default. He also rebuked Romain for continuing to pursue the matter.

Romain appealed to the Circuit Bench. His appeal was dismissed by HHJ Jonathan Simpkiss, the senior circuit judge in Sussex, who held that the claim was without merit.

In May, at a further hearing before Judge Robin Penfold, some of Romain’s claims were struck out and the case was concluded.

Joe Milner, former director of Loch Employment Law, who acted for Glyndebourne

But fresh controversy followed. After the hearing, Romain received what appeared to be court directions from Loch Employment Law — specifically from Joe Milner, a partner in the firm. These were contained in a Word document not issued by the court, and which bore no seal, signature, or court markings.

According to Romain, the unsealed document materially differed from the official sealed order. He says it was then sent to HHJ Simpkiss with a request for a General Civil Restraint Order — despite no formal application appearing to have been made at that time.

When the actual sealed order arrived days later, it did not match the earlier version. The court ultimately issued a three-year General Civil Restraint Order against Romain, on the basis that certain applications made were held to be totally without merit — a decision Romain strongly contests.

Undeterred, Romain launched fresh proceedings in the High Court, where the matter is now before a different judge. He is seeking £350,000 in damages, as well as aggravated or exemplary damages — typically reserved for particularly serious or malicious conduct. He is also seeking recovery of legal costs.

The claim names both Glyndebourne and Loch Employment Law as defendants and includes allegations of malicious falsehood, defamation, breach of contract, and abuse of the court process. Romain maintains that the allegations made against him were false, and repeated without proper basis or legal justification.

Now acting as a litigant in person, Romain says the process has taken a major toll on his life and health. He has moved in with his uncle, David Grossman, and is no longer working.

Grossman wrote in a letter to the court:

“I write this not as a legal expert, but as someone who has stood by and watched my nephew endure something that has gone far beyond a legal dispute. Over the course of this case, I have seen the toll it has taken on him and us as a family — not just financially, but emotionally, physically, and mentally.
What began as a breach of agreement has become something far deeper: a prolonged and destabilising ordeal that has cost him years of peace, stability, and health.”

The Solicitors Regulation Authority declined to take regulatory action against Loch following a referral containing evidence — including the Word document. However, Joe Milner stepped down as a director of the firm in late July. He was ” not available” when I tried to contact him.

Whatever happens next, Romain has established Blind Justice CIC, a community interest company aiming to support others who find themselves failed by the legal system.

“The matter is now before the High Court. I have confidence in the integrity of that process,” he said.

Given the wide readership of this site, and the striking issues raised — from data protection to judicial process — it is likely Romain will receive support from others who believe their own whistleblowing or access to justice has been unfairly shut down.

Glyndebourne has previously declined to comment about the saga when approached by journalists and bloggers. Unfortunately apart from the prestigious New York site of Law 360, none of the other media have written about this case, including to my surprise, Private Eye.

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