NHS Trust turned safeguarding concerns into campaign of intimidation, say nurses

In compelling testimony at the Darlington nurses’ employment tribunal, Kirsten Coutts, a staff nurse at Darlington Memorial Hospital, described how the Trust’s so-called “independent investigation” into safeguarding concerns, raised by female nurses about a biologically male colleague using the female changing room, was instead weaponised to intimidate and penalise those who spoke out.

Coutts described how the investigation, led by an ‘independently’ recruited consultant, Susan Newton, was anything but impartial.

Newton, who has publicly promoted LGBTQI+ inclusion online, was appointed to investigate complaints about a male colleague, “Rose,” using the female changing room.

Instead of addressing the nurses’ concerns, the Trust turned the investigation against them. All 26 nurses who had signed the letter to HR were handed personally delivered ‘counter-grievance’ letters accusing them of harassment and warning of potential disciplinary action.

What began as a call for protection became a campaign of intimidation, with staff facing formal allegations simply for requesting single-sex changing facilities.

The letter stated that Rose had lodged a grievance because he alleged that by signing a letter to the Director of Work Force, the nurses were guilty of:

“Direct discrimination and harassment that has created an intimidating, hostile, degrading, humiliating and offensive environment, due to my protected characteristics”.

It added that:

“Should the investigation conclude that inappropriate behaviour has taken place, action may be taken in accordance with the Trust Disciplinary Procedures. If that is the case then you will be informed of any allegations against you in detail and given sufficient opportunity to prepare and state your case and any relevant mitigating circumstances.”

“I was surprised and taken aback that a grievance was issued against me,” Coutts said. “I had never met Rose, and the letter I signed was addressed to the Director of Workforce, not to Rose. Yet I was accused of creating a hostile and offensive environment.”

Coutts was handed the grievance letter in person by Helen Coppock, Associate Director of Nursing, in what she described as an intimidating and unusual move.

The letter warned that disciplinary action could follow, causing distress among staff, especially international nurses, who feared for their visas and job security.

One such nurse was handed the letter after a night shift. Coutts said:

“[This nurse] is a gentle and quiet nurse. I was very concerned for her. International nurses have other worries on top of ours, and this was deeply unfair.”

The investigation meeting

The investigation meeting itself was described as hostile and misleading. Coutts was told she didn’t need union representation, only for the meeting to veer into questioning her about Rose’s complaint. She said:

“I felt ambushed and intimidated. The meeting was supposed to be about resolving our concerns, but it became an interrogation.”

Coutts later refused to sign the minutes of the meeting, stating they were inaccurate and omitted key context. She felt the Trust was trying to discredit and isolate nurses who had raised legitimate safeguarding concerns.

Evidence from Bethany Hutchison has further supported this. Hutchison revealed that another vulnerable nurse and domestic abuse survivor, was pressured to withdraw her complaint after being interviewed.

The nurse had previously described feeling stared at by Rose while changing, but later denied any issue, telling Bethany she had been “terrified” of losing her job and approved the notes without reading them.

Nurses were accused of discrimination simply for requesting single-sex changing facilities. The investigation failed to protect whistleblowers and instead weaponised HR procedures against them.

Andrea Williams, Chief Executive of the Christian Legal Centre, said:

“This was not an impartial investigation but rather a way in which to silence the nurses and any opposition.

This case exposes a disturbing imbalance of power. Nurses who raised safeguarding concerns were intimidated, misrepresented, and threatened. The Trust’s actions were all bout protecting their actions and policy rather than their people.”

The hearing continues.