Exclusive: General Medical Council investigation exonerates Dr Usha Prasad of any medical failings

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Dr Usha Prasad

Dr Usha Prasad, the cardiologist currently appealing against her dismissal from the Epsom and St Helier University Trust, has been exonerated by General Medical Council of any medical failings or putting patient safety at risk.

The decision by the GMC not only rejected a dossier of complaints from the trust but decided that the issue was closed and will not be re-opened again by the GMC.

The decision is part of a long running saga that has been going on for nine years and heightened by an anonymous letter sent by Dr Perikala, a staff doctor, who made the patient safety allegations in an anonymous letter to the General Medical Council, Care Quality Commission, Daniel Elkeles, the chief executive of the trust and Jeremy Hunt, then the health secretary in 2015.

The GMC initially declined to investigate Dr Perikala’s anonymous complaint but the trust has persisted in pursuing her at the GMC.

dr james marsh pic credit: Epsom and St Helier University Health Trust

I understand Dr James Marsh, the trust’s medical director, and Dr Richard Bogle, the lead cardiologist at the trust, compiled a dossier of no fewer than 43 cases which they claimed should be investigated. The GMC narrowed it down to seven cases and sent them for review to a very distinguished consultant at the James Cook Hospital in Middlesbrough whose career has spanned work at Papworth Hospital and Addenbrooke’s Hospital in Cambridge. The very detailed report came back completely exonerating her of any failings. She has also received glowing references from Pinderfields Hospital where she is currently working as a cardiologist after the Epsom trust dismissed her.

Dr Richard Bogle pic credit:www.richardbogle.com

The GMC’s decision comes just as an internal inquiry into her appeal is under way. This is being heard by Claire McLaughlan   an independent consultant, and Associate Director of  the National Clinical Assessment Service with an interest in the remediation, reskilling and rehabilitation of healthcare professionals. The case was also being followed by Dr Zoe Penn, Medical Director NHS England ,London Region and Lead for Professional Standards. She is sitting on the panel with Claire McLaughlan. Ms Mclaughlan runs a private business with her husband in Hampshire.

The fact that the hearing is taking place now is questionable since Professor Stephen Powis, national medical director of NHS England, told health trusts NOT to hold such hearings when the NHS is under pressure from the pandemic. I checked with the press office of NHS Resolutions and they have supplied me with the guidance for such hearings. They really should only be held if there is an absolute necessity and immediate risk to patient safety. Now with the GMC deciding there is no current and immediate risk to patient safety in Dr Prasad’s case – this makes the hearing even more questionable.

Officially the GMC will not comment on personal cases but they did confirm her clean bill of health entry on their public register which is reproduced below. All entries on this register have to be kept up to date on a daily basis. The saga continues but the case being made by the trust looks pretty weak after this decision by the GMC.

There are three earlier blogs on this issue.

They are: A bizarre tribunal hearing on the treatment of Epsom’s health-trust’s sole woman cardiologist

Top cardiologists back Usha Prasad’s fight against ” badly behaving ” health trust

Botched internal inquiry hearing into Dr Usha Prasad at St Helier Hospital as doctors fight death from Covid- 19

 

Since this blog was published I have had this strong message of support from Justice for Doctors. Here it is:

Dear Mr. Hencke, you are doing an excellent job by highlighting the problems with our NHS and how splendid doctors like Usha Prasad had been treated. It was very courageous of Usha to challenge the wrongdoings and the harsh decisions by our health institutions at a time when the GMC are calling retired doctors to rescue the overstretched NHS.

Without dedicated and committed doctors like Usha Prasad, our NHS will crumble and collapse. The misleaders and bullies will remain to demolish what goodness is left in our NHS. Unfortunately, most doctors retire or change location whenever they were unfairly challenged. Moving away will not solve the problem but encourage bullies and harassers to thrive and do more damage.

In our view, Dr. Prasad has won the moment she decided to stand firm and challenge the discrimination, the harsh and unfair decisions. We congratulate both of you for raising awareness about what goes on in our hospitals and congratulate Usha for her courage and conviction.
Thank you
On behalf of Justice for Doctors

Afghanistan’s horrendous choice: War with women’s rights or peace with servitude

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Photo by Engin Akyurt on Pexels.com

Today is International Women’s Day and as my contribution I am focusing on Afghanistan as both the UK and the US cut their support to this country

I have recently come across a searing Congressional report from the United States Inspectorate on Afghanistan Reconstruction on the state of women’s and girl’s equality there.

Everybody knows the years of conflict which has cost British and American lives to rid the country of the Taliban regime and their horrendous treatment of women.

But this report shines a different light on the current plight of women just as the UK and the US are about to leave the country should a deal be possible between the war lords and the Taliban.

The United States has spent £564m in aid over nearly 20 years on women and girls

It reveals that during the never ending conflict from 2002 to 2020 the US has spent some £564.6 million on women and girls. On one level the achievement for women has been startling. From virtually no girls in schools under the Taliban there are now 3.5 million girls receiving an education. And a third of the country’s 210,000 teachers are now women but mainly in urban areas like Kabul.

There have been improvements in maternity care despite a horrendous death rate among pregnant women. Prenatal care coverage rose from 16 percent of pregnant women in 2002 to 61 percent in 2015. Postnatal care coverage increased from an average of 28 percent between 2005 and 2010 to 40 percent in 2015. And the number of trained midwives rose from a pathetic 467 in 2002 to roughly 4,000 in 2018.

There is, like many other areas, a huge disparity between urban and rural areas. Some 16 per cent of women died in childbirth in Kabul rising to an alarming 65 per cent in one rural province in 2002. This has improved with various estimates from the UK, Irish and World Health Organisation by between 19 per cent and 50 per cent, because reliable statistics are difficult to verify.

What has not improved particularly in rural areas is the attitude towards women. The US government also tried to encourage women to join the army and the police – this was the least effective of their programmes. “Targets have been highly unrealistic and unachievable. Although there has been a modest increase in the number of women police officers, women in all parts of the security forces face threats to their personal safety and pervasive harassment and discrimination,” says the report.

KABUL, 22 October 2019 – UNAMA Central Region Office in Kabul organized Global Open Day event, to facilitate discussion on women, peace, and security. The event was attended by 36 participants representatives from women rights activists, Government actors, schools’ teachers, local shuras, and university students. UNAMA CRO head of office In her opening remarks emphasized the importance of the Global Open Day as a forum to review the implementation of the UN Security Council Resolution 1325 on Women, Peace, and Security. UNAMA Photo / Fardin Waezi.

The US aid has had more effect in getting women involved in politics and the community. The report says: “Afghan women have assumed leadership roles at the national, provincial, district, and community levels. At the same time, they face threefold threats: continued or intensified violence, the risk of Afghan peace negotiations leading to erosions of women’s rights, and a dire economic and humanitarian situation exacerbated by the COVID-19 pandemic.”

Covid 19 has caused big problems in Afghanistan. The report says: “The lack of testing capability means that up to 90 percent of collected samples are untested, and therefore go unreported. Of the limited number of tests conducted, Afghanistan’s positivity rate—the percentage of tests that reveal COVID-19 infection—was nearly 43 percent as of July 2020, one of the highest in the world.”

The World Bank is alarmed that widespread poverty will become worse as the Afghan economy is hit by the pandemic cd see those living in poverty rise to 72 per cent of the population. Cultural problems make treatment for women worse. “Due to deeply entrenched sociocultural norms, many Afghans are reluctant to allow their mothers, wives, daughters, or sisters to visit a doctor directly, or at all, if that doctor is a male.”

The future is not rosy in other areas for women. The report found “Some of the gains made for girls in access to education may not be sustainable, since a large portion of the education sector in Afghanistan is dependent on international donor funding for maintaining and expanding those gains.”

No level playing field for men and women in meetings

And it is not a level playing field in political meetings. One woman told the report “When we have meetings and both men and women raise their hands and show their cards, the respect that is given to men is not given to women. The time which is given to men is not given to women. When a woman speaks, she is not allowed to speak more than three minutes, but a man is allowed to speak more than 15 minutes.”

Women are still scared in many parts of the country to go out alone as they can face harassment and violence from men. SIGAR interviewed 65 people from all Afghanistan’s 14 provinces and both men and women said it was society’s constraints that held women back.

The time which is given to men is not given to women. When a woman speaks, she is not allowed to speak more than three minutes, but a man is allowed to speak more than 15 minutes.”

Afghan woman

Many interviewees—male and female—said that social and cultural norms are one of the biggest barriers to Afghan women’s advancement, particularly in rural areas. “Men in our community think the role of women is to sit at home and cook. If their mothers tell them to behave well with their wives, so they do, and if their mothers order them to beat their wives and misbehave, so they also do,” said a woman from Nangarhar Province.

President Biden will decide soon whether to completely pull out of Afghanistan which was the policy of the Trump administration. The UK, according to a leaked report to Open Democracy will cut aid sharply to Afghanistan shortly. Once again it will be women who will lose out and many of their fragile gains could once again be lost. As the report said if the Taliban and other war lords regain full control “the effort to promote women’s rights may be hampered by a growing narrative in Afghanistan that the country can either have women’s rights at the cost of peace, or peace at the cost of women’s rights.”

The full report by SIGAR is worth a good read.

Settled with an order: Smith v Baker

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Esther Baker

The long standing dispute between Sam Collingwood Smith and Esther Baker has been settled after the claimant, Sam Smith, requested to end the action.

It is not entirely over as Esther Baker is still pursuing a counter claim against Smith. The order is below.

The two page order

I will leave the reader to judge this. A previous updated blog described the long standing case here

Whitehall embarrassment: How the DWP took 16 months to respond to a MPs report that single mums were turning to “survival sex” because of Universal Credit

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It was a subject of great embarrassment to officials at the Department for Work and Pensions. A prominent committee of Mps then chaired by the Independent MP, Frank Field, decided to hold an inquiry into why people having to wait five weeks to get their first Universal Credit payment were turning to offer sexual services to men to make ends meet.

That is not the sort of news that people responsible for the ministry’s flagship benefit wanted to hear. So they sent what MPs called a “defensive, dismissive and trite” submission. Instead of wanting to know why this might be happening the officials immediately tried to dismiss the idea.

As the MPs say: “The Department’s first written response to our inquiry addressed the narrow question of whether there is a “direct causative link” between Universal Credit and “prostitution”. The Department displayed little interest in either the lived experience of claimants or the expertise of frontline support organisations.” Indeed, officials tried to blame everything but the benefit, citing drug addiction, the rise of AirBnB, even EU immigration.

Then matters took an unexpected turn. Will Quince, the junior minister for family support and benefit delivery took against his officials. As the report said: the committee held “an evidence panel in private with B, K, M and T: four women who are, or have been, involved in survival sex or sex work.”

“Given our concerns about the Department’s engagement with our inquiry, we invited the Minister for Family Support, Housing and Child Maintenance, Will Quince MP (the Minister), to attend our private panel with B, K, M and T. We hoped that hearing directly from people with lived experience of the relationships between sex work, “survival sex” and UC would help the Department to better understand the issues.”

The evidence was graphic:”I am about to be moved on to Universal Credit. I will lose £200 a month, approximately […] The thought of going into debt and having no money is really frightening. I have children. I can’t do that. I will sell my body. – K”

“I am about to be moved on to Universal Credit. I will lose £200 a month. The thought of going into debt and having no money is frightening I will sell my body”

“I didn’t go out looking for it, I said no at first. It wasn’t until about three weeks later
that I said ‘OK, yeah,’ because I thought I need to, because I need money […] It was
during the eight weeks that I was waiting to get the Universal Credit. I couldn’t wait
eight weeks for money. I just couldn’t. – Julie”

Will quince MP and DWP minister: Pic credit: willquince.com

It changed the minister’s mind and he wrote a letter to the committee apologising for his official’s submission, He wrote a letter to the committee praising the bravery of the people who came forward and in evidence later made it clear that he disagreed with his officials submission. The submission was revised.

The report came out in October 2019 and it proposed some practical ways to change the situation – particularly ending the now 5 week delay before people can get any money. The ministry has tweaked the rules and allowed people to take out loans which they have to start paying back after three months and they are reducing the maximum amount each month that has to be repaid. But the ministry will not budge over the wait. Fast forward 16 months and the ministry have finally replied to the MPs now with a new chair, Labour MP Stephen Timms. Earlier this week he commented: “The experiences of survival sex heard by the last committee act as a reminder of the hugely damaging impact that the wait for a first Universal Credit payment has been having on so many for so long. The Government’s latest rejection of constructive proposals for cutting the five week wait goes down as another wasted opportunity to rectify the harm it is causing to many vulnerable people.”

The reply, in my view, also tried to evade the issue. They have written a new guide. As their response said:

“The Department has developed a new Universal Credit Detailed Help and Support Guide for stakeholders, partners and support organisations to help vulnerable claimants get the financial and practical support they need, including helping them to make a claim for Universal Credit.

The new guide has been drafted and designed by working in collaboration with key stakeholders, including organisations who provide support and other areas where further detailed information is deemed beneficial.”

New DWP guide still not published

Unfortunately it is still to be published. On the specific issue the response said:

“Our Work Coaches are trained to encourage disclosure in the most complex and sensitive
of situations. This includes domestic abuse, modern slavery and immigration concerns.
We deliver this type of support daily across our jobcentres.”..The acts of buying and selling sex are not in themselves illegal in England and Wales. However, there are many activities that can be associated with prostitution which constitute offences.”

It goes on to talk about modern slavery and sex trafficking which are serious issues. But I feel it still doesn’t address the main point – the problem people have feeding their family while they wait five weeks for their first payment. My feeling is that the officials are still embarrassed by these revelations. The women involved are not slaves nor are they being used as sex traffickers – they are desperate for money and this is an extreme example of what happens when they are. It brings it back to the very issue officials won’t talk about – the structure of Universal Credit.

The Tories pathetic and divisive start to their promised target for 100 per cent electric cars by 2035

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Mercedes EQC electric car at the Paris Motor Show: pic credit: Wikipedia

Government under fire from the NAO as Which? reveals extra costs of electric cars

This month two reports – one from the National Audit Office and another from the consumer organisation Which? – put the government’s ” Green agenda” promise to cease internal combustion engine production in 2030 and end hybrid- electric/petrol and diesel production by 2035 to a savage test.

Read together they show the government’s programme is severely wanting and so far made little impact despite all the hype of adopting a Green agenda. The public have started buying electric cars in appreciable numbers – sales were up 162 per cent to 86,291 for the first 11 months of last year according to Which? But that is still a minute proportion of the 32.9 million cars registered in the UK. They amount according to the NAO to eight per cent of new car sales.

The NAO report produces some damning figures on the environmental impact of all this. The result has been pathetic – just a 1 per cent cut in carbon emissions in the ten years since subsidies for green cars were started. Carbon emissions actually rose between 2016 and 2019 as people went for more sporty vehicles and SUVs and road traffic increased. Hardly a good omen.

Massive divide between those with drives and those who are drive less

But there is also another story which suggests that the ” electric car ” will be the new divide between the rich, the middle class and the young and poor. To get best value from an electric car you need a home charger. If you have a big drive – no problem and you can even get a government greant of £350 to install one.

But one third of home owners and tenants live not in semi detached and detached homes but in terraced houses and flats. There is nowhere to install a charger on their property – they will have to rely on public charging in the street.

And the scheme to install public chargers in the streets has been a miserable failure. The NAO reveal that:

“By the end of March 2020, government funding had contributed towards the installation of 133,336 home charging points;8,578 workplace charging points; and 690 on-street charging points.”

This pathetic last figure for on street charging has partly been caused by the government itself – according to the NAO claiming the money from the ministry is so complicated that local councils have partly given up – the £8.5m budget for this has been underused by 32 per cent over the last three years.

Private companies have fared better according to the Which? report there were 20,823 publicly accessible charging points in 13,185 locations by mid December last year.

Damning findings from Which? on costs

There are some damning findings from Which? which heighten the divide even further. Yes you can save money on fuel bills by going electric but only if you have your own charger. “ If you don’t have regular access to private charging facilities it could cost you more to run overall than a full hybrid model or even a conventional petrol or diesel car.”

And worse if you have hybrid model Which? says don’t trust the fuel economy figures from the manufacturers.“Our own fuel economy tests show that real-world costs are on average an astronomical 252 per cent more expensive than manufacturer claims, across all the models we tested.”

Seat Mii electric car – £409 extra a year from public charging.

And there is more for the poorer car owner with no access to their own charger.

” The cost of fully charging the average electric vehicle is 97 per cent more expensive than the average UK fixed-price home energy tariff, not including special rates or incentives aimed at electric car owners” And it is big money Which? estimates it would add £409 to annual fuel costs for a tiny city car such as the Seat Mii electric or around £653 for a full sized SUV such as the Mercedes EQC.

All this suggests that the government is going to need a big rethink to get to its target as both the NAO and the Commons Public Accounts Committee chair agree.

Meg Hillier MP, Chair of the Committee of Public Accounts says:

“Government has made some headway in promoting electric cars. But they are still not an affordable or practical option for most people.

“The vast majority of charging points are for private off-street parking. Not everyone has a driveway to charge their car. And reducing emissions shouldn’t be a luxury reserved for the middle classes.

“This can’t be a pie in the sky ambition – government must urgently develop a real plan if it wants electric cars to comprise 100% of new sales by 2035.”

I agree – otherwise it will just be another example of government hype.

Facebook “not evil incarnate” says oversight board member Alan Rusbridger in a heated debate over the power of the organisation

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Journalists fiercely debated the power and influence of Facebook following a controversial decision – now revoked – to remove news coverage from Australia on its site in a bitter dispute with the Australian government. The webinar was organised by the Ethical Journalist Network. For those interested in their work which support journalists striving to provide ethical coverage of issues and create more trust in journalism you can go to the website to see other issues. Here is a report from a member of the committee. Above is a video of the event.

By Matt Walsh  the head of the School of Journalism, Media and Culture, Cardiff University and a UK Committee member of the Ethical Journalism Network.

“I’m probably prepared to cut Facebook and the other companies more slack because I think that there are valuable things that they’re doing. I don’t see them as evil incarnate.”

That was the view of one of the members of the Facebook Oversight Board, Alan Rusbridger, during last week’s Ethical Journalism Network debate on social media, journalism and regulation.

The former Guardian newspaper editor-in-chief was responding to the investigative journalist Carole Cadwalladr, who accused Facebook of being a bad actor who is exploiting the good intentions of people who are sat on the board.

Facebook tried everything to avoid Parliamentary scrutiny- Carole Cadwalladr

“Facebook has tried everything to avoid Parliamentary accountability,” she warns.

“That slipperiness, that evasiveness and refusal to answer to lawmakers puts it into a special case. It’s not acting in good faith.”

The Facebook Oversight board was set-up to review controversial decisions made by the company about content on its platform. To date, it has published reviews of seven cases.

The debate, which took place on Zoom, was chaired by the deputy director of the Reuters Institute for the Study of Journalism, Meera Selva.

Also on the panel was Jillian York, author of ‘Silicon Values: The Future of Free Speech Under Surveillance Capitalism’ and director for International Freedom of Expression at the Electronic Frontier Foundation.

York warned that many of the solutions to digital regulation are overly focussed on the United States and Europe.

Westerners making up rules for the rest of the world- Jillian York

“Westerners are making up rules for the rest of world and doing so quite badly,” she said. “A lot of these tendencies are nationalistic and will have negative impacts on people in other countries.”

Reacting to news that Facebook had stopped users in Australia from sharing links to news sites, Carole Cadwalladr was damning in her assessment.

“It’s mob behaviour,” she said “They’ve stopped carrying evidence-based journalism to an entire country during a global pandemic that is marked by toxic mis- and disinformation.”

Cadwalladr also accused Rusbridger of being silenced on the issue.

Rusbridger denied the accusation and warned that there are huge problems of trust for traditional news publishers.

Somebody has to protect freedom of information- Alan Rusbridger

He said of the oversight board’s work: “Somebody has to come in and work out how to protect freedom of information globally, to the highest possible standards, and to try and enforce the highest standards of human rights. And I think that’s an honourable thing to be trying to do.”

York said that while she welcomed some of the early decisions of the board, “there’s isn’t really case law around these issues. The Oversight Board has made some really good decisions. But those decisions are not going to trickle down.”

Responding to claims that self-regulation of social media is ineffective Rusbridger said: “I’m not sure the Facebook board will look like self-regulation in five years’ time because it will have completely de-anchored itself from Facebook. It will have more of a feeling of independent regulation rather than self-regulation. It may not work but I think you just have to give it time.”

Parliamentary Ombudsman: Don’t contact us, we’ll contact you

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Rob Behrens, Parliamentary Ombudsman

Robert Behrens, the Parliamentary and Health Service Ombudsman. has finally come clean publicly that it cannot cope with handling complaints and has issued a public statement.

This followed a blog I wrote earlier revealing that the Ombudsman had faced fresh curbs on its budget from the Treasury. Instead of a new three year budget to help improve services it has only been given one year of funding.

But it chose not to announce that publicly and instead sent a letter to William Wragg, the Tory chair of the Public Administration and Constitutional Affairs Committee, hiding it a Parliamentary correspondence file.

In the letter Robert Behrens says “We will postpone the launch of PHSO’s new three-year strategy until we can secure the three-year funding settlement necessary to deliver it. Instead, we will use 2021-22 as a bridging year to lay the foundations for the new strategy and focus on addressing the significant operational challenges facing PHSO’s service.”

Several months of delays

Now the Ombudsman has stuck a long statement on its site which reads:

“Our service remains open but given the unprecedented situation you may experience delays of several months when you bring a complaint to us. We are very sorry about the delay and will do our best to support you through these uncertain times. We will focus on helping the most vulnerable as a priority. 

To help us work through the complaints we are receiving, please do not submit a complaint to us if it is about:

•    delays with complaint responses 
•    matters which are likely to resolve themselves within the next few weeks/months
•    delays in service delivery which are non-critical and are the result of an organisation coping with COVID-19.

Please use our complaint checker below to make sure your complaint is ready for us to look at.

The pressures currently faced by the NHS may mean that it is not possible for us to progress some health complaints at this time. Your caseworker will keep you informed of any delays with your case.

For more information read our latest Coronavirus update.

Please continue to check our website or follow us on Twitter for further updates. ”

still not entirely transparent

The statement is still not entirely transparent as it blames Covid 19 entirely for the problem when it is also being hit by the postponement of its budget settlement. The Ombudsman also caused consternation among some people awaiting the result of their complaints by taking down the site on Saturday and Sunday morning without any explanation. Most banks and building societies put up a notice saying a site would not be available because they are working on it. Not so the uncommunicative Ombudsman.

This led one of my readers, Darren Watts, to contact me because he thought the Ombudsman had closed down the website. He is one of a large number of people awaiting the result of a complaint. I am extremely grateful for him letting me know and also grateful that the service was restored. I have to add I am not very impressed to say the least.

Bye Bye Europe, Hello China, India and the Pacific

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Elizabeth Truss; ” Empress of the Pacific”

” Let the Queen of England collect a great fleet, let her stow away all her treasure, bullion, gold plate, and precious arms; be accompanied by all her court and chief people, and transfer the seat of her empire from London to Delhi. ”

This is a quote from Tancred, a novel by former Tory Prime minister Benjamin Disraeli, written in 1847. In it he also said; ““England is no longer a mere European power; she is the metropolis of a great maritime empire . . . she is really more an Asiatic power than a European one”.

I suspect that the world view of Disraeli, who later made Queen Victoria Empress of India, might now be similar to the world view of Boris Johnson and Elizabeth Truss, the international trade secretary and the new Empress of the Pacific.

Of course neither are going to do anything as crude as reconquering India nor are they going to emulate Tancred, Prince of Galilee, the Norman who led the first successful crusade in the Middle East in the 12th century.

But what they are doing by planning to join the Asia Pacific free trade pact and create – with the offer to 5.2 million people in Hong Kong to come to the United Kingdom – potentially the biggest migration of people for centuries that is going to change the nature of this country for good.

Since at the same time it will far more difficult for Europeans to settle here the UK will become in Disraeli’s words ” more an Asiatic power than a European one.” It will be backed up by pressure from countries like India, Malaysia and Vietnam for the UK to concede more immigration into the country as part of any future trade deals.

Foreign student numbers from China and India are booming

What is interesting is that it has already started. The moment the UK voted in 2016 to leave the EU the young started voting with their feet – with students from EU countries no longer so keen to come while applications from China and India started soaring. Figures released this week by a London property company show it even had an effect on the capital’s rental market as wealthy overseas students were happy to rent or even own new flats. And this is all before the ink was dry on the withdrawal agreement which came into force on January 1. The biggest rise is China -over 20 per cent in one year with India recording a 15 per cent increase.

That huge jump on the graph is the number of students from China while the EU students flatlined.

One reason for this surge also appears to be ex President Trump and his ” America First” policy which has deterred Asians from going to the US.

Andrew Weir, CEO of LCP, the London property company, comments “The UK’s safe haven status, diverse and liberal culture has attracted overseas students who would have previously studied in the US. The US has not seen growth rates above 5% since 2017, this contrasts with a 15% growth rate in the UK in 2019/20.”

“Despite fears Brexit may impact the UK and London’s status as a global city, the number of first year overseas students from the Asia region now vastly outnumbers the total number of students from all EU countries combined.

“There has been a recent surge in students from India enrolling into UK higher education establishments, almost doubling in 2019/20 compared with the previous academic year. A new generation of overseas students view the UK as a desirable place in which to reside and study.”

Falling numbers of German and Irish students

Indeed the number of students from Germany coming to the UK is now falling as are the number of students from the Republic of Ireland our nearest neighbour. Cyprus and Greece are also falling slightly. This has been balanced by a rise in the number of students from Portugal – always a low number – and Romania. You can read in more detail on this website which not only gives a bigger picture but also a breakdown for each university. Of course since then there has been the pandemic, but if there is a fall, it will only be short term. It is quite clear what the trend is. And when students come others will try to follow.

There is a supreme irony in all this. Many people who voted for Brexit were also against mass immigration – remember Nigel Farage and the warning of millions of Turks getting free movement to come to the UK. Well we may not get millions of Turks – in fact there was not much danger of that anyway as it takes years to join the EU. But we are going to get a major reset in the composition of people who make up the UK population. I actually welcome more diversity and Asian and Chinese people have a great record as entrepreneurs. But I wonder whether people thought when they voted for Brexit that Britain was on the way to become an Anglo-Asiatic nation.

I

The Tories who tried to pressurise judges to keep secret their character references for a sexual offender ex MP

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Lord Freud :” failed to act on his personal honour”. Pic credit: gov.uk

This week a peer and former Tory government minister Lord Freud was ordered to apologise to the House of Lords for breaching the code of conduct by “failing to act on his personal honour.”

The peer was among the signatories to two letters sent to two senior judges, Lady Justice Thirlwall and Dame Victoria Sharp and to Lady Justice Whipple, seeking to persuade her not to publish his name giving a good character reference to the ex MP who is now a convicted sex offender.

Charlie Elphicke Ex MP Now in jail

The MP was Charlie Elphicke, Tory and later Independent MP for Dover until 2019. He was convicted of three counts of sexual assault on two women in July last year and sentenced in September to two years in prison. He is currently appealing the case.

In November last year three newspapers, The Guardian, the Times and the Daily Mail, sought permission from Lady Justice Whipple to publish the character references from prominent people who were supporting him.

Dame Victoria Sharp pic cap : Judiciary.uk web site

This led four other Tory MPs and the peer to write to two senior judges to persuade them to intervene in the case. The Lords Commissioner for Standards,Lucy Scott-Moncrieff , ruled this week in Lord Freud’s case was “was intended to persuade Lady Justice Thirlwall and Dame Victoria Sharp to intervene.”

She added: “Similarly, the letter to Mrs Justice Whipple was written in terms intended to influence her thinking.”

Former Cabinet minister Theresa Villiers

MPs say intervention ” a point of principle”

The MPs action became public when Col Stewart asked for a ruling from Jacob Rees Mogg, leader of the House, – but he kept away from committing himself to intervene. The MPs claimed their action was on a point of principle to stop all character references being released but were shot down by the Lord Chief Justice’s office saying it was “improper” to seek to influence the decision of a judge who would ultimately rule on the basis of evidence and argument in court.

Now the Lords Commissioner for Standards has described the letters as ” emotive” and ruled: “I believe doing so in private correspondence to senior judges in terms designed to influence the trial judge must also be considered outside the standards of conduct expected of individual members.”

Existence of inquiry into MPs a secret

This leaves the question of the conduct of the MPs. They come under the Commons Parliamentary Commissioner for Standards, Kathryn Stone. Under the rules of the House of Commons since 2018 it has been decided that no information on whether a complaint has been laid against an MP will be published until a final report is made. So officially it remains a secret whether there is any investigation. However the Guardian has reported that Helen Jones, the Labour MP for Warrington, North until the last election when the Tories won the seat, has put in a complaint.

It would be egregious if Lord Freud , who appears from the Lords report to have been encouraged by the MPs to write and complain, took the entire blame for this. It also, in my view, would encourage MPs to try and influence the judiciary without facing any penalty. And it smacks of the new chumocracy – one rule to protect the powerful and influential and another for Joe Bloggs.

The MPs of course say they are acting for the public who will be frightened to give character witnesses for convicted criminals if they are to be published.

Mrs Justice Whipple’s deft ruling

But this was shot down by Mrs Justice Whipple in a very deftly worded judgement. She distinguished between the ordinary Joe and public figures in releasing the names and references. Only those who had a public role in society were revealed – keeping to the right to know principle of public interest. As a result we also now know that Jonathan Aitken, a prominent former MP once jailed for perjury and now a vicar provided one . As did prominent local Roman Catholic priest, Father Jeff Cridland; Neil Wiggins, a community non executive director of the Port of Dover; and David Foley, chief executive of the Thanet and East Kent Chamber of Commerce. But we don’t know about 21 private individuals who are not prominent in public life.

Let’s see if anything comes from the sphinx like Parliamentary Commissioner for Standards on this one.

Will your complaint get heard as the Government forces the Parliamentary Ombudsman to curb its service?

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Rishi Sunak: Postponing the cash to improve the Ombudsman service

The Parliamentary Ombudsman has already – as I wrote in an earlier blog – faced a critical report from MPs on the way it handles some of its work.

And Michael Gove, the Cabinet Office minister, has also turned down any prospect of new legislation to modernise the service by combining its work with the local government and social care ombudsman.

Not content with that, Rishi Sunak, the Chancellor, has now postponed a three year funding programme which would have allowed it to introduce changes to improve matters.

Instead The Treasury has decided to give it just one year’s worth of funding and instructed it to concentrate on handling complaints arising out of Covid 19 pushing aside other grievances..

Details of this latest bad news has not been put out in any press release by the Ombudsman but has been hidden away in the correspondence section of the House of Commons Public Administration and Constitutional Affairs Committtee.

A letter from Rob Behrens, the Parliamentary and Health Service Ombudsman, to William Wragg, the Tory chair of the committee, reveals the not very bright future for people wanting to take the NHS to the Ombudsman or for the 1950s born women hoping for compensation for maladministration over the six year rise in the date they could claim their pension.

In the letter Mr Behrens says “We will postpone the launch of PHSO’s new three-year strategy until we can secure the three-year funding settlement necessary to deliver it. Instead, we will use 2021-22 as a bridging year to lay the foundations for the new strategy and focus on addressing the significant operational challenges facing PHSO’s service.”

Severely affected by Covid – 19

He goes on to describe what next financial year will be like:

“PHSO’s service has been severely affected by the ongoing COVID-19 situation in a number of ways, from the impact of school closures on the availability of staff, to pressures on the NHS that mean services are taking longer to respond to PHSO’s requests for information.
“As a result, PHSO is closing substantially fewer cases than usual and, in turn, this means a growing number of complainants are waiting for their case to be allocated to a caseworker.
“Although we have started to recruit some more caseworkers, it takes a minimum of six months to train new staff and even with additional caseworkers, it is clear that complainants will face increasingly long wait times unless we take further action.”

Delaying revealing the size of the complaints waiting list

I asked the Ombudsman to give me details of how many cases they were and how long they were taking. I also asked about the size of the waiting list. Simple questions enough if they are on top of the job. Instead they have decided to turn it into a Freedom of Information request which will give them a month or two to reply. I will report back when I have the figures.

In the meantime the letter says: “This means we will prioritise the quality and productivity of PHSO’s core complaints-handling service. We will also use 2021-22 to carry out preliminary work to support the new three-year strategy, such as improvements to some of PHSO’s core systems and processes, and highlighting
opportunities for Parliament to make essential improvements to PHSO’s legal framework, such as removing the MP filter.” The latter point is that all complaints have to go through MPs at the moment.

The whole situation is not good at all. But I am not surprised that the government is not keen on funding or modernising the service. A more efficient service will bring to light injustices – which means a bad press for government services – and ministers don’t like bad publicity. Far better to deprive the Ombudsman of cash and keep the announcement hidden in the correspondence column of a committee.