The former head of the NHS Information Centre, who claimed she was made a ‘scapegoat’ for a heavily criticised joint venture between the Department of Health (DH) and information specialists, Dr Foster, has failed to overturn a confidentiality agreement about the case.

Professor Denise Lievesley, who was chief executive of the Information Centre (IC) from 2005-7, tried to set aside a compromise agreement with a gagging clause signed on her departure.

She argued to Leeds Employment Tribunal that when she signed the agreement she could not have known the extent to which she would be vilified and have her reputation damaged by the implication that she had been responsible for the arrangements in relation to Dr Foster.

In an affidavit submitted to the tribunal, Professor Lievesley made clear that she had expressed concerns about the deal before she took the IC job and during her time in office.

But the tribunal confirmed this week that the case had been struck out. The Financial Times reported that Judge Colin Grazin, who ruled on the case, said was no reason why she should be allowed to go back on the deal with the IC, noting that Professor Lievesley had received competent legal advice before signing.

He said it was clear that she had worried about whether proper procedures had been followed in the creation of the joint venture known as Dr Foster Intelligence and that despite her concerns she had felt she had no option but to work with the joint venture.

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