Shropshire midwives in misconduct case face three-month wait over sanctions

Katie Anson's son Kye died four days after he was born at the Princess Royal Hospital in Telford in August 2015.

During his stay at the hospital, Kye's heart rate went up to more than 100 beats per minute and he was immediately given a ventilation mask.

But he died four days later, having been unable to breathe on his own.

Kerry Davies, Laura Jones, and Hayley Lacey faced claims that they did not properly monitor Kye's birth.

The Nursing and Midwifery Council panel earlier ruled that there was no case to answer in respect of a charge against Davies, only alleging her actions limited his chance of survival.

Both Jones and Lacey were charged with failing to record the foetal heart rate of Kye at 6.05pm and 6.20pm with each of the registrants claiming that it was not their responsibility to do so.

On Tuesday, the panel found Jones failed to take the two readings at 6.05pm and 6.20pm as well as failing to communicate with one of the midwives in respect of Katie Anson for over two hours, between 4.05pm and 6.30pm.

She accepted from the outset that she had not carried out recordings but had insisted that Lacey had not handed over responsibility for the patient.

The panel favoured Lacey's account that she had passed on responsibility to Jones.

Panel Philip Sayce said: "The panel accepted the evidence of Registrant B [Lacey] that she handed over care because she had to attend pre-planned duties outside the labour ward at that time.

"While it is clear that there was some confusion between you and [Lacey], had you not been able to take over the care of patient A [Katie Anson], you had a duty to make that clear to [Lacey]."

Both Lacey and Jones were cleared of any dishonesty in relation to the recording of vital signs.

Concerned

Kye's paternal grandmother Mandy Walker, a trained nurse, had been present for the birth and became concerned that the proper readings were not taken.

The grandmother made notes on her computer and later compared them to those made by the midwives and alleged there were a number of entries of care which did not take place.

Turning to Lacey, Mr Sayce said: 'In considering your case, the panel determined that Person A's [Mandy Walker] evidence, while sincere, could not be safely relied on.

"The panel concluded that it would not be safe to rely upon Person A's evidence in the absence of any further evidence to support this charge."

But Mr Sayce commended Mrs Anson, stating that her evidence was 'clear and calm during a time that must have been very difficult.'

The case has now been adjourned for a sanction hearing in April.

Both Jones and Davies had admitted failing to call a porter to assist in the transfer of Ms Anson to the Consultant Led Unit.

Davies admitted not recording the foetal heart rate at 20:05, the last opportunity before Kye was transferred to the Consultant Led Unit, but denied that this led to the loss of chance of survival of the baby.

She was the only midwife charged with causing the loss of chance of survival but the charge was dropped.

Lacey and Jones each denied being responsible for the care of the mother at 6.05pm and 6.20pm when they are said to have failed to have recorded the foetal heartbeat.

Jones was found to have been responsible for the patient during that period.

The hearing will reconvene in April to determine whether the trio's fitness to practice is impaired by reason of misconduct and, if so, what action should be taken.

Charges faced by the accused

The charges relating to the midwives were:

Hayley Lacey

• Failure to communicate with another midwife to ensure continuous care was provided to Patient A – Denied and found proved by the panel.

• Recording the foetal heart rate and maternal pulse at four instances – Admitted and found proved.

• Dishonestly making those records - Denied and cannot be proved by the panel

• Failing to complete written handover notes in respect of Patient A – Admitted and found proved.

Laura Jones

• Did not refer or transfer Patient A to a Consultant Led Unit after two readings showed high blood pressure – Admitted and found proved.

• Failing to record the foetal heart rate at two times – Denied and found proved by the panel.

• Failing to ensure continuous care was provided to Patient A – Denied and found proved by the panel.

• Failing to complete written handover notes in respect of Patient A – Admitted and found proved.

• Arranging the transfer of Patient A to the Consultant Led Unit in a wheelchair and calling a porter to assist with moving – No case to answer.

• Recording the foetal heart rate at nine separate times – Six admitted and found proved, three no case to answer.

• Recording the mother’s pulse at two times – One admitted and found proved, one no case to answer.

• Dishonestly making those records – Denied and cannot be proved by panel.

Kerry Davies

• Arranging the transfer of Patient A to the Consultant Led Unit in a wheelchair and calling a porter to assist with moving – Admitted but no case to answer.

• Failing to perform a test on the baby’s heart rate – Admitted and found proved.

• These actions led to a loss of chance of survival of Baby K – No case to answer.