A hospital trust has taken 10 members of staff off duty as part of a probe into an unauthorised data breach relating to three-year-old Noah Woods.
The deputy chief medical officer for East Suffolk and North Essex NHS Foundation Trust Dr Martin Mansfield issued a statement on Sunday apologising to the three-year-old's family for the "extra anguish" the breach of trust has caused.
What was in the statement?
East Suffolk and North Essex NHS Foundation Trust confirmed on September 27 that 10 employees have been removed from active duty pending investigation.
Dr Mansfield said: “Any unauthorised access of patient data is completely unacceptable. We understand the significant distress it can cause patients and their families. It also undermines trust in our services. Safeguarding that trust is central to the care we provide.
“We have apologised unreservedly to Noah Woods’ family for the extra anguish this breach of trust has caused them at an already devastating time.
“As soon as we became aware of concerns that Noah’s medical records may have been viewed inappropriately, we launched an urgent internal investigation. Immediate steps were also taken to secure the records and prevent further access that was not for a legitimate, clinical reason.
“We have reported the matter to the Information Commissioner’s Office (ICO), and we will continue to keep Noah’s family informed as our investigation progresses.
“We take any patient data breach seriously. We investigate thoroughly, and we will take disciplinary action where needed in response to our findings, in line with the Trust’s policies and procedures.”
What is the Information Commissioner's Office?
The Information Commissioner's Office (ICO) is the UK's independent regulator for data protection and information rights. It oversees compliance with data protection laws, including the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018
If an organisation believes a personal data breach has occurred, it must assess the risks involved. Some breaches must be reported to the ICO within 72 hours of the organisation becoming aware of them.
An ICO investigation does not automatically mean a breach has occurred. The regulator examines the available evidence before reaching any conclusions about whether data protection laws have been broken.
The ICO's role is to:
- Assess whether organisations have complied with data protection laws.
- Investigate serious or significant alleged breaches.
- Require organisations to provide information about what happened and how they responded.
- Issue guidance, recommendations or enforcement action where appropriate.
- Impose fines or other sanctions in the most serious cases
Why may this matter have arisen?
On Friday, NHS England announced NHS staff suspected of improperly and unlawfully accessing patients’ medical records would face immediate suspension and have their access to NHS computer systems cut off, under a zero-tolerance crackdown on “snooping staff”.
The hardline approach comes amid a string of cases involving staff accessing highly sensitive patient information they had no legitimate reason to view.
NHS England chief executive Sir Jim Mackey said: "Patient records contain some of the most private information people will ever share.
“We have seen too many cases of people abusing that trust, and enough is enough.
“If someone is suspected of snooping, we cannot leave them in post with access to patients’ records while an investigation takes days or weeks. From now on, we will expect them to be suspended and have their access to NHS systems cut off immediately, while the facts are established.
“Anyone who thinks they can satisfy their curiosity by looking at a patient’s record should know this: they will be found out, they may lose their career, and could end up with a criminal record."
This means doctors, nurses and other registered professionals caught snooping on patient records could not only lose their NHS job but could also face regulatory action that may prevent them from practising ever again.
Inquest
The data breach comes only days after Suffolk Coroners Court opened the inquest into the death of Noah.
At Friday's hearing, the court was told Noah left the playground through a gap in the fence, entered a memorial garden and exited through an open gate before heading towards Decoy Pond.
A relative attempted to follow him but eventually lost sight of him. Noah's body was later found in the pond by specialist police divers.
A major search operation was launched involving specialist police teams, dog units, helicopters, HM Coastguard, Suffolk Fire and Rescue Service, Suffolk Lowland Search and Rescue, the Environment Agency and the Metropolitan Police Dive Team.
Around 1,300 members of the public also joined the search effort.
On September 16, police divers recovered the body of a child from Decoy Pond in Brantham.
The following day, Suffolk Police confirmed the child had been formally identified as Noah Woods. Officers said his death was not being treated as suspicious, although investigations would continue before a file was submitted to the coroner.
Tributes
In a tribute issued after the inquest opened, Noah's family described him as a "happy, cheeky, playful" little boy who loved laughter, affection and spending time with his younger brother.
They thanked the emergency services, volunteers and wider community for their support during the search and in the weeks that followed.
The family said: "Noah was a happy, cheeky, playful three-year-old boy who loved to laugh, loved to giggle and who brought joy wherever he went.
"He was part of a loving and caring family, living with his mummy, daddy and his little baby brother.
"He was at the centre of our world. Noah was being assessed for autism, although he had not received a diagnosis.
"He also had mild hearing loss and was speech delayed. Despite the challenges he faced, he was learning every day.
"He was saying new words all the time and had only just started finding and using his little voice.
"One of the things we miss most is the special sound of his voice. It was unique, wonderful, and something we will carry with us forever.
"He absolutely adored his little baby brother. He loved spending time with him, entertaining him and making him laugh.
"He would follow him around and always wanted to be close to him. The bond they shared was incredibly special."
The family shared that Noah had visited the park every Tuesday with a family member since the day he was born.
The tribute continued: "Noah loved to be loved.
"He was the most affectionate little boy. He loved hugs and kisses and soaked up every bit of affection he was given.
"Every night he would be tickled to sleep. He loved holding hands, being close to people, and feeling safe and loved by those around him.
"He had the most wonderful mannerisms that could make anyone smile. He had a glow about him that lit up every room he walked into.
"There was something incredibly special about him that drew people to him, and everyone who met him remembers that warmth and happiness.
"As a family, we want Noah's last memory to be one of joy.
"We want people to remember him running, playing chase, giggling and being the happy little boy that he was.
"That is who Noah was, and that is how he deserves to be remembered.
The case prompted widespread public mourning, with tributes left at the playground, a fundraising appeal that raised more than £100,000 and renewed discussion around playground safety and water safety measures.
His mother Charlie said: "If there is one thing we could ask of people, it is to hold their children a little tighter, cherish every moment, and never take those precious memories for granted."
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