Trust concludes former chief ‘not fit and proper’ after sexual harassment investigation

HSJ understands The Robert Jones and Agnes Hunt Orthopaedic Hospital Foundation Trust commissioned a specialist external workplace investigation into Mark Brandreth, which considered serious allegations made about his behaviour during his time as trust chief executive between April 2016 and August 2021.

Mr Brandreth is understood to dispute the allegations as well as the investigation’s findings, and is seeking to challenge RJAH’s handling of the complaints and its process for deciding he did not meet the Fit and Proper Person Test. HSJ understands that he intends to ask NHS England to intervene.

Sources with knowledge of the situation said almost 30 female RJAH staff members came forward to give information to the investigation, but it focused on 12 employees who were willing to give evidence.

HSJ has been told that as a result of the investigation, which concluded at the end of last year, the trust’s chair has informed NHSE in writing that it believes Mr Brandreth does not meet the “Fit and Proper Person Test”, implying he should be ruled out of board roles – or roles with equivalent responsibility – at English NHS organisations and adult social care providers.

However, the trust, in Shropshire, is not planning to publish its ruling and – with no professional regulation in place for health and care managers and/or board members – it is unclear how effective the conclusion will be if it is not made public. A female staff member told HSJ of her concerns that “nothing is being done”.

Allegations investigated by the review team include that Mr Brandreth sent inappropriate and overly personal messages – including explicit messages – to multiple female RJAH staff; and that he arranged meetings away from the hospital site with younger female colleagues, including in hotels. While it is understood that Mr Brandreth disputes the allegations, an NHSE spokesperson commented that: “These allegations are shocking and it is right that issues affecting the safety of staff at work are taken seriously.”

Some trust employees have said they sought counselling support and took time off work as a consequence of Mr Brandreth’s actions. A member of staff told HSJ that her experience had been “soul destroying”.

Mr Brandreth left RJAH in August 2021, and HSJ understands its board first heard the allegations in autumn 2022. The review started in January 2023.

Concerns had been raised to the trust’s Freedom to Speak Up Guardian and line managers while Mr Brandreth was still in post as CEO but they were not properly investigated, HSJ has been told.

From March to October 2020, Mr Brandreth was seconded to work for NHSE as director of the Nightingale Hospital programme. He then left the trust permanently in August 2021, when he became interim accountable officer of Shropshire, Telford and Wrekin Clinical Commissioning Group, and executive lead of its integrated care system.

Mr Brandreth left the CCG in summer 2022 when it was abolished and replaced with an integrated care board. In November 2022, he was appointed as a trustee of a charity supporting survivors of child sexual abuse, a role he left last year. He took up a role as CEO of a professional membership organisation in the health sector in January 2024. It is not suggested that either organisation was aware of the allegations made against Mr Brandreth.

HSJ has spoken to several women who have complained to the trust about Mr Brandreth’s inappropriate behaviour with them, and said they wanted the trust’s findings made public to help prevent a repeat of the situation.

While not making any comment on individual cases, current RJAH CEO Stacey Keegan said in a statement: “As a trust we are committed to supporting all individuals who speak up about sexual safety and improper conduct.

“The board have recently strengthened our own internal procedures as a result of the Fit and Proper Persons Test Framework and also the Sexual Safety Charter, supporting the implementation of this NHS England Charter in the trust.”

An NHSE spokesperson said: “The NHS has recently reminded senior leaders that NHS boards must do everything possible to ensure concerns by staff can be easily raised and immediately acted on and strengthened how background checks are conducted for senior staff… We would encourage anyone with any concerns to speak to their local Freedom to Speak Up Guardian.”