Mark Henderson
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The head of the Government’s fertility watchdog was under pressure last night to resign after raids on the clinics of Britain’s most successful IVF doctor were ruled unlawful, leaving the regulator facing a legal bill that could exceed £1 million.
Warrants authorising the search of Mohammed Taranissi’s two London premises in January were quashed yesterday by the High Court, after the Human Fertilisation and Embryology Authority (HFEA) admitted that it had presented insufficient evidence to justify them. It had been investigating claims that the doctor had practised illegally without a licence.
The authority has agreed to pay most of Mr Taranissi’s costs, which his lawyers estimate at £1.2 million — more than a tenth of the regulator’s annual expenditure of £11.3 million — and its own costs are also thought to be substantial. As the HFEA is funded by the Department of Health and fees from clinics, the bill will be passed on ultimately to taxpayers and private infertility patients.
The HFEA’s humiliation led senior doctors, MPs and patient groups to question the position of Angela McNab, the chief executive who ordered the raids and applied for the warrants.
Lord Winston, the prominent fertility expert, said: “This is further evidence of the complete incompetence of the HFEA and the need for the workings of this organisation to be radically reviewed. With the loss of this amount of public money, the chief executive . . . will presumably need to consider [her] position.”
Evan Harris, the Liberal Democrat MP, said: “There is a real question as to whether the admitted inadequacy in her evidence when obtaining the warrants and the error of judgment in failing to settle the case until now means that the chief executive’s position is untenable.”
Mark Hamilton, chairman of the British Fertility Society, which represents IVF professionals, asked the Department of Health to conduct a formal inquiry. “The regulator needs to be accountable, and
it needs to maintain the trust and confidence of the sector,” he said. “In this case, this has not happened. It is a matter of grave concern that so much money has been spent on something that has ultimately come to nothing.”
The High Court ruling may also influence an HFEA hearing on July 13 that will consider the original allegations against Mr Taranissi and that could withdraw his licence to treat patients. His lawyers said yesterday that they would be applying for the return of all the documents that were seized illegally.
The HFEA applied to search Mr Taranissi’s clinics in January on the same day that a BBC Panorama documentary alleged that he had treated patients without a licence, a criminal offence. The authority was widely criticised by doctors for appearing to co-operate with the programme.
In March Mr Taranissi was granted permission to seek judicial review of the warrants, which he argued were “unjustified, disproportionate and unlawful”.
The High Court rejected a further claim that the HFEA had acted out of improper purpose.
Mr Taranissi said yesterday: “The events in January of this year were hugely distressing for those of our patients and staff who witnessed them.
“I am obviously very pleased about the outcome, but continue to be dismayed that our regulatory body saw fit to present to the magistrates on the day of the raids information described by a judge at an earlier hearing as seriously defective and highly misleading.
“The cost to the taxpayer of this exercise must be enormous. It grieves me that money, estimated to be in excess of £1 million, which could have been spent on research or genuine issues of patient safety has instead ended up in the pockets of the lawyers.
“The whole episode raises serious public interest questions about the way the HFEA acted in this case.”
The authority insisted the ruling would not affect its licence committee hearing on Mr Taranissi. “We would wish to stress that the HFEA acted in good faith, and on advice,” a spokeswoman said. “Our aim is to protect patient safety and ensure patient choice and we regret any distress that may have been caused to Mr Taranissi’s patients.”
Ms McNab was not available for comment.
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I attended the court hearing in March and it is shameful that the HFEA carried on their vendetta for a further 3 months after Justice Holman ruled that Mr Taranissi had a very good prospect of getting the warrants quashed. The amount of money that has been wasted on this witch hunt is obscene and the HFEA, the BBC and a few members of the medical profession also played their part - Lord Robert Winston being one. His words that Mr Taranissi's methods make the medical profession weep will stay with me forever - from the comments that he made he clearly knows nothing about them. He is a very good example of a man who knows the cost of everything and the value of nothing. A reform of the HFEA is long overdue, clearly their internal procedures do not prevent its officers from playing out their personal offensives, and clearly Ms Mcnab has allowed her personal objectives to influence the decisions of the HFEA. Mr Taranissi is a fantastic man and dr and is owed a public apology
wendy marshall, chichester, west sussex
Brilliant News for the Doctor! My wife and I started treatment with the ARGC just before the "illegal " raids on the clinic. I emailed the HFEA 6 times to enquire about the options available to us.They did not respond. Although the ARGC were forthcoming, honest and allowed us to see the full interview that took place between the ARGC and Panorama.Now the HFEA should be held accountable and maybe Ms McNab should question her position within the HFEA! Panorama and the HFEA caused unnecessary uncertainty and stress to both my wife , myself and other patients under the ARGC's care. I / We trusted Dr Taranissi and his team implicitly and to their credit have successfully succeeded where the NHS failed us to the extent that we are expecting Twins -23 weeks gone!!
Will Dr Winston follow his inaccurate comments, mockery and doubt he levied against the ARGC during the Panorama interview and extend an apology to Dr Taranissi, his team and their patients ? I very Much Doubt It.
David Hooper, Hove, UK
Tax payers money wasted again, I "Totally Agree", we have now been on the NHS IVF list for over 5years and the wait goes on! £1m wasted in a sweep! and yet £3k spent could be only what a couple need to get their "dream-come-true"
"a-baby"
The HFEA may get it correct at times, but this is not one of them!
When I hear stories like this, it makes me sick that NHS funds are capped on the IVF front, when my wife and I want-a-baby Sooo much, a little help would make our "dreams-come-true"
9years of trying and waiting is neither funny or what the HFEA was set up for!
Charles Linskaill, Edinburgh, UK
I am an ARGC patient. The HFEA needs to address how they operate before assessing how IVF clinics can improve. The HFEA don't have the procedures or legal expertise to conduct themselves effectively or humanely on one of the most sensitive issues a couple can ever face. This court judgement shows the HFEA need complete restructuring. They should address the more serious matter of why each Primary Care Trust has different criteria to approve NHS funded IVF for couples. I paid my £100 odd pounds to the HFEA for them to advise and protect me while I go through IVF - what a joke! They have been the cause of huge anxiety and doubt. Blowing taxpayers money to pay their legal costs could have been so much better spent. How many IVF treatments could have been paid for with that £1 million? My husband and I were refused treatment on the NHS in our area and as private consumers we feel the HFEA have failed our fertility needs utterly. We just want a fair chance of a family - wouldn't anyone?
Jo and Neil, Aylesbury, Uk
This is another example of the apparently untrammelled power afforded to civil servants over the Blair years. CE's of all public institutions, should be made responsible for failings in their organisations and be made aware that they are public servants, not masters. Obviously I include in this denationalised organisations.
It has become clear that these people believe that they are above the law and beyond the reach of rules expressly directed at the behaviour of people in public life. Those days should be ended.
Bill Q, Derby, UK
It is unbelievable that Lord Winston can see it fit to comment on this ruling especially when he was part of the "jury" on the Panorama documentary. Extraordinary that after all his comments on the programme in support of the HFEA action he now calls for the Chief Executive to resign. Has the man no shame?
Cathy, London, UK
Mr Taranissi is a miracle worker to those of us who now have happy families as a result of his tireless efforts.
It is a shame the same dedication to doing a good job could not be shown by whoever swore out the information this faulty application was based upon.
Could it possibly be the BBC who provided biased, incorrect, and possibly libelous information?
Tony, Bedford, UK
How curious that the original raids took place immediately before a panorama programme and made the evening news, but the HFEA admission that the warrants were unlawfully obtained happens on the day that the new prime minister announces his cabinet reshuffle - the perfect day to bury bad news,
Robert, Guildford,
Whilst I am completely in favour of regulation of the fertility industry, a review of the HFEA is long overdue. Infertile couples are funding this body as part of every IVF cycle that takes place. Patients need a voice that truly represents their concerns - please lets have some customer focused accountability from the HFEA, and see them concentrate on the real issues of concern to couples suffering the pain of infertility.
Jules, Cambridge,