Termination of pregnancy (ToP) refers to the treatment of termination of pregnancy by surgical or medical methods. Marie Stopes International Birmingham is part of the provider group Marie Stopes International (MSI). The service at MSI Birmingham was located within non-purpose built premises run by MSI. Seven satellite clinics connected to its registration operate around the city of Birmingham and in other towns nearby in a variety of leased premises including suites in community health centres. The services are provided under contract with local clinical commissioning groups for NHS patients. MSI Birmingham also accepts private patients.
The service was registered in July 2012 as a single specialty termination of pregnancy service providing a range of services for medical termination of pregnancy up to a gestation of 10+0 weeks and surgical termination of pregnancy up to 23+6(days). This included pregnancy testing, unplanned pregnancy counselling/consultation, early medical abortion, abortion aftercare, sexually transmitted infection testing, contraceptive advice, contraception supply and vasectomy services.
We carried out this announced comprehensive inspection on 2 June 2016, as part of the first wave of inspection of services providing a termination of pregnancy service. The inspection was conducted using the Care Quality Commission’s new methodology.
We have not provided ratings for this service. We have not rated this service because we do not currently have a legal duty to rate this type of service or the regulated activities it provides.
The inspection team included two inspectors, an assistant inspector and a consultant obstetrician and gynaecologist by phone.
To get to the heart of patients’ experiences of care, we always ask the following five questions of every service and provider:
- Is it safe?
- Is it effective?
- Is it caring?
- Is it responsive to people’s needs?
- Is it well-led?
Our key findings were as follows:
Is the service safe?
Staff reported incidents but the systems that supported this were not reliable and investigation and learning was variable. There was sometimes delay in uploading reports to the electronic system, staff could not easily track the progress of incident investigations and some patterns of incident reported were not identified and investigated. Staff did not consistently follow some safety systems such as national guidelines to safer surgery, use of emergency equipment checklists and good hand hygiene practices. Not all staff were up-to- date with their mandatory training including safeguarding, life support skills and supporting anaesthesia. Many staff including local leaders had not undertaken safeguarding training to the level appropriate for degree of vulnerability presented by many patients. Staff followed policies and procedures for safeguarding children and vulnerable adults. Risks to patients were assessed and staff made referrals and emergency transfers to local acute hospitals when it was appropriate for patients. Sufficient numbers of experienced doctors and nurses staffed the service.
Is the service effective?
Systems in place to collect information about the effectiveness of the services did not provide the local leaders or staff with a clear picture of how their service was performing against regional and national clinical standards. Clinical audits recommended by the Royal College of Gynaecologists were not specifically addressed. The results of local audits did not always match with what we observed or the patterns of errors shown on the provider’s incident reporting records. There was no established pathway for effectively supporting women with learning disabilities to give informed consent to treatment. Health care assistants were taking consent to treatment without the appropriate level of safeguarding training and competency for the vulnerability and complex needs of many patients receiving the service.
Staff checked patient’s medical and health history before treatment and the clinic carried out only procedures for which it was registered and within national guidelines. Other patients were referred to more appropriate services to meet their needs. Patients were given information about contraception and sexually transmitted infection. Nurses and doctors were competent and worked with other healthcare providers locally for the benefit of patients.
Is the service caring?
Staff treated patients with respect, kindness, dignity and care. Patients spoke positively about staff attitudes towards them. Patients received a lot of information from staff about their treatment and a 24-hour help line was available to provide additional information and address concerns. Staff checked patients decisions at each stage of the process and went over the options with patients on more than one occasion. Counselling was made available to all patients over the phone or face-to-face. This was compulsory for patients under 16 years of age and we saw bookings on record with independent counsellors. There was no ‘easy read’ additional material available to enable patients with learning disabilities to access the information about treatment, treatment options and contraception.
Is the service responsive?
Services were planned to provide surgical and early medical terminations of pregnancy at a main clinic and in satellite clinics around the city and outlying towns within neighbourhood health centres. Patients accessed services and appointments through a national call centre, this system managed waiting times across clinics to respond flexibly to local demand, legal requirements, and targets set by commissioners of the services. Translation services were available to patients from the first point of making contact with the organisation and staff helped patients to access other services for help with domestic violence or drug abuse. Patients could receive counselling prior to receiving any procedures. There were a variety of means by which patients could comment on the service, raise concerns or make a complaint. Waiting times within the clinics was a challenge for the service and patient satisfaction with this had fluctuated during 2015/16. Access to some clinics was limited for people with some disabilities.
Is the service well led?
The provider had clear philosophical and political vision for the service and all staff at the clinics were committed to this, highly motivated and engaged in providing the best service they could to each patient. The clinics were led by a manager registered with the Care Quality Commission and staff felt well supported by the local leadership team. Patient’s views were routinely sought and there was engagement with the wider public and other professionals locally. The organisation aimed to improve by trying out new ways of providing the service and increasing its presence in new locations. However, the service had stretched its staff in order to set up a new service in the region at the expense of continuity of some existing clinics. Organisational structures in place to ensure legal compliance, manage risk and monitor quality had weaknesses that meant some risks, repeated mistakes and serious incidents were not properly dealt with and learned from.
We saw one area of outstanding practice:
- Reception staff were highly skilled at putting patients at their ease and discretely confirming personal and private details when patients arrived including within small areas shared by other patients waiting for their consultations.
However, there were also areas of where the provider needs to make improvements.
Importantly, the provider must:
- Put in place an effective incident reporting system that can provide assurance the provider can consistently learn from incidents and error, notify incidents to the appropriate authorities, and exercise its duty of candour.
- Put in place effective cleaning arrangements in Birmingham Central clinic (Navigation St.).
- Take steps to ensure clinical staff consistently follow good hand hygiene practices.
- Ensure emergency equipment checklist systems are used effectively.
- Ensure all staff are up-to-date with mandatory training.
- Put in place protocols for obtaining consent, pathways, and support for all patients who lack capacity to consent, including those patients with a learning disability, in keeping with required standard operating procedures.
- Ensure clinical audits recommended by the Royal College of Gynaecologists for termination of pregnancy are undertaken in order to continuously improve the services offered by the clinics and provide feedback effectively to staff about the services clinical performance.
- Improve the reliability of local clinical and safety audits of MSI Birmingham and satellite clinics at Birmingham Central and at Erdington.
- Put in place protocols to support getting informed consent for treatment from learning disabled adult patients.
- Review the governance arrangements in place to provide effective assurance and auditing systems or processes.
- More effectively assess, monitor and drive improvement in the quality and safety of the services provided.
- More effectively assess, monitor and mitigate any risks relating to the health, safety and welfare of people using services and others.
- Continually evaluate and seek to improve governance and auditing practice.
In addition the provider should:
- Consider major incident planning in particular for the Birmingham Central (Navigation St.) clinic.
- Explore methods of giving patients with learning disabilities access to information about the service and their treatment so they can have a better understanding and be involved.
Due to the number of concerns arising from the inspection of this and other MSI locations, we inspected the governance systems at the MSI corporate (provider) level in late July and August 2016. We identified serious concerns and MSI undertook the immediate voluntary suspension of the following services as of 19 August 2016 across its locations, where applicable:
- Suspension of the termination of pregnancy for children and young people aged under 18 and those aged 18 and over who are vulnerable, to include those with a learning disability
- Suspension of all terminations using general anaesthesia or conscious sedation
- Suspension of all surgical terminations at the Norwich Centre
MSI responded to the most serious patient safety concerns we raised and was able to lift the restrictions on the provision of its termination of pregnancy services at this location on 7 October 2016.
CQC has also undertaken enforcement action for breaches of the following regulations, which are relevant to this location.
Regulation 11 Consent
Regulation 12 Care and treatment must be provided in a safe way for service users
Regulation 13 Service users must be protected from abuse and improper treatment in accordance with this regulation
Regulation 15 Premises and equipment must be kept clean to the standards of hygiene appropriate to their purpose.
Regulation 17 Systems or processes must be established and operated effectively to ensure compliance with the requirements in this Part (Good governance)
Regulation 20 of the Care Quality Commission (Registration) Regulations 2009
CQC is actively monitoring compliance with the above enforcement action taken in order to ensure that services are operated in a manner, which protects patients from abuse and avoidable harm.
Professor Sir Mike Richards
Chief Inspector of Hospitals