Whistle-blower and campaigner for patient safety, focusing on Maternity care. Removed from his position of Chair, following the raising of safety concerns, all proven by an independent investigation.
My name is Maxwell Mclean, former Chair of the Bradford Teaching Hospitals NHS Foundation Trust (the Trust). I was removed from my role as Chair after raising serious concerns about major shortcomings that contributed to preventable infant deaths at the Trust, the endangering of patient safety, staff wellbeing and NHS leadership performance.
About the case
I served as Chair of the Trust from May 2019 until October 2023. The Trust provides hospital services to a large population in West Yorkshire. I was part way through my second 3 year term as Chair when my contract was unceremoniously brought to a premature end, after I had raised serious concerns to the CEO and even to the relevant regulators, NHS England through its Regional Director, and the Care Quality Commission. Those concerns were about the serious failings at a senior level (in particular the CEO) within the Trust, that contributed to increased and preventable infant mortality, endangered patient safety and undermined staff wellbeing. In the course of fulfilling my contractual and statutory/constitutional duties as Chair (in particular, holding the CEO to account), I was forced to resign or be dismissed, by an unlawfully constituted Board.
My Story
Prior to joining the Trust, I had a long and distinguished career in public service, having served with West Yorkshire Police for over 30 years, primarily leading serious crime investigations, before then spending 7 years with the Bradford NHS Clinical Commissioning Group.
In May 2019, I was appointed Chair of the Trust, a role requiring unwavering commitment to governance, accountability and patient care. Under my leadership, the Trust achieved a significant improvement in its Care Quality Commission rating, moving from a "requires improvement" to "good" – a reflection of my dedication and leadership.
In my role, I uncovered alarming healthcare issues that would rightly be of great concern to the local affected community and beyond, all whilst under the leadership of the Trust’s CEO, who remains in post despite my concerns about ethics and competence. These concerns included significant delays investigating neonatal deaths (investigations were not concluded for 14 months, despite a national 60-day standard), neglect of a staff member who was formally reported as at genuine risk of suicide, and a refusal to implement vital health inequality strategies. I recognised that patient lives were at stake and that the Trust’s repeated failures posed a profound threat to its commitments to patients and staff.
I raised my concerns through proper NHS channels, including to NHS England and the CQC, and a formal independent investigation was commissioned. That investigation found all my concerns were correct and proven and that they had been properly raised by me.
The CEO’s actions were reported by the investigator to have fallen "short of what would be expected of someone in her position." Despite this, I faced retaliation. The Trust launched a campaign of hostility, attempting to cover up its own failings, which were significant, and to discredit me.
On 3rd October 2023, I was forced to choose between immediate resignation or dismissal. This was not only a devastating personal and professional blow to me - it struck at the core of my career and my legal duties as Chair, which are founded on integrity, accountability and service to the public good.
My Legal Claim
I am now pursuing a whistleblowing claim in the Leeds Employment Tribunal, arising from the unfair termination of my contract and the humiliating manner of it, which included deliberate repeated lies by the Trust to the national media and to colleagues.
It is important to shed light on these critical failings and to hold leadership accountable for its clear and obvious failures that contributed to so much harm. This case is about more than my personal fight for justice; it is about safeguarding all NHS patients, ensuring fair treatment for NHS staff, and protecting whistleblowers who dare to speak out. Lessons must be learned, so that the NHS will follow statutory rules of governance, thereby preventing harm to patients, ensuring the welfare of its staff, rebuilding public trust, and serving our communities effectively.
Your donation
Your support can make a real difference. Legal expenses for this case are significant, and I cannot continue do this alone, having already incurred many thousands of pounds in legal fees to date. I already have local political support.
I have emotional support through friends and family, professional advisers and former colleagues. I am now looking for some financial support from our affected community.
I am seeking to raise an initial target of £8,000, within 30 days (being the relevant timeframe on this crowdfunding platform), which will contribute towards those legal costs arising in relation to the next stage of the Tribunal proceedings, being a Preliminary Hearing at Leeds Employment Tribunal over 4 days from 18th February 2025.
By contributing to my campaign, you will help to fight for justice and send a powerful message about the importance of integrity, transparency and accountability in public service leadership. Together, let us protect the NHS, its patients, its staff and the wider public community by supporting, not silencing, those who speak up.
I am very grateful for any contribution which you can give.
https://www.crowdjustice.com/case/hold-nhs-leaders-accountable/