https://university.open.ac.uk/research-centres/herc/blog/robbie-powell-time-truth-justice-and-accountability

Implement Legislation for an Individual Legal Duty of Candour for all Public Officials & Health Professionals

The Issue

In today's society, transparency is more important than ever, especially when it comes to our personal records and medical history. I personally have faced the consequences when individuals have falsified personal records, including medical records, without facing any penalty. This dangerous act not only puts lives at risk but shakes the foundational trust we place in institutions and individuals responsible for our care.

Imagine visiting a doctor, believing you are getting the best advice, only to later discover that your medical records were altered or falsified. Such actions can lead to misdiagnosis, dangerous treatment plans, or even life-threatening situations. This breach of trust makes it direly necessary to implement clear legislation focusing on an individual legal duty of candour, ensuring accountability for those responding to complaints and handling sensitive and personal data.

Currently, the consequences for falsifying personal records remain insufficient, often allowing offenders to slip through the cracks of legal systems. The absence of stringent laws emboldens wrongdoing by those who may prioritise personal or institutional gain over truth and welfare. An individual legal duty of candour is crucial because it mandates honesty and transparency, creating a culture where truth is not an option but a requirement.

An individual legal duty of candour would serve to protect citizens by holding individuals personally accountable for their actions, ensuring they can no longer manipulate personal data or cover up government failings without repercussions. It would act as a deterrent, instilling fear of legal consequences in those who might consider engaging in such deceit.

The implementation of this legislation would also reaffirm public trust in professionals across sectors — from healthcare to finance — who handle our personal data. It advocates for integrity, which is paramount in maintaining a just and fair society.

I urge policymakers to consider the importance of this legislation in fostering a transparent and trustworthy environment. The time to act is now, before more lives are negatively impacted by the dangerous act of record falsification and government cover ups.

Please join me in advocating for the implementation of legislation that enforces an individual legal duty of candour for all public officials. I would like for this to be known as Robbie's Law. In dedication of Robbie Powell ( a 10 year child) who sadly died  more than 35 years ago. Whose  brave mother & father, Diane & Will Powell have campaigned tirelessly to have this enshrined as law in memory of their beloved son.

Robert Darren Powell, a much loved member of a close family, was just 10-years old when he died on the 17th April 1990. Every parent’s worst nightmare, the tragic loss of a child, became Will and Diane Powell’s lived reality. Their acutely distressing grief, was exacerbated because they quickly learned that Robbie’s death was preventable and there was an NHS and State conspiracy to cover up his death.. Little did they know back in 1990 that their pursuit for truth, justice and accountability would span across three decades, cost them in-excess of £300,000 in compensation, and unveil medical negligence, cover-ups and bureaucratic failure.

According to Will, the investigation into Robbie’s death has led to cover ups involving: medical professionals, the NHS, a pathologist, a Coroner, the police, the Crown Prosecution Service, the Welsh Office, the Independent Police Complaints Commission, the General Medical Council and other public bodies. A comprehensive database of evidence supporting these allegations has been catalogued on robbieslaw.com

Robbie's case exposed the absence of an Individual Legal Duty of Candour in the UK Courts and the ECHR who ruled in 2000: "Whilst it is arguable that doctors had a duty not to falsify medical records under the common law (Sir Donaldson MR's "duty of candour"), before Powell v Boladz there was no binding decision of the courts as to the existence of such a duty. As the law stands now, however, doctors have no duty to give parents of a child who died as a result of their negligence a truthful account of the circumstances of the death, nor even to refrain from deliberately falsifying records.

In 2002, following a third independent police investigation, by the late DCI Poole, from West Midlands Police, 35 suggested criminal charges were listed against five doctors and their medical secretary:

1. Gross Negligence Manslaughter;

2. Forgery;

3. Attempts to pervert the course of justice;

4. Conspiracy to pervert the course of justice.

In 2003 CPS York accepted that there was 'sufficient evidence' to prosecute two doctors and their secretary for forgery and perverting the course of justice. However, the perpetrators evaded prosecution because of the passage of time, which had been caused by a decade of NHS and State cover ups. CPS York also relied upon a 1996 letter providing the doctors with immunity from any future prosecutions that was provided to the doctors' solicitor by the local Police and CPS Wales.

So in signing this petition, you will stand for honesty, integrity, and protection against the falsification of personal records, as well as NHS and government cover ups.