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Police consider bringing criminal charges against Stafford hospital staff Police consider bringing criminal charges against Stafford hospital staff
(7 months later)
Police and prosecutors are studying a damning report into "appalling" failures of care at an NHS hospital where hundreds of patients needlessly died, to examine whether any criminal charges need to be brought against those involved.Police and prosecutors are studying a damning report into "appalling" failures of care at an NHS hospital where hundreds of patients needlessly died, to examine whether any criminal charges need to be brought against those involved.
Representatives from Staffordshire police, the Crown Prosecution Service and the Office of the Police and Crime Commissioner, met on Friday and announced a review of the information contained within the report by Robert Francis QC into Stafford hospital.Representatives from Staffordshire police, the Crown Prosecution Service and the Office of the Police and Crime Commissioner, met on Friday and announced a review of the information contained within the report by Robert Francis QC into Stafford hospital.
The meeting comes after Matthew Ellis, the newly-elected police and crime commissioner for Staffordshire, said police would have any resources they needed to launch a "major investigation".The meeting comes after Matthew Ellis, the newly-elected police and crime commissioner for Staffordshire, said police would have any resources they needed to launch a "major investigation".
The report, published earlier this month, looked at failings of care at the hospital between 2005 and 2009, which may have contributed in the deaths of up to 1,200 patients, and recommended a shakeup in the culture of the NHS.The report, published earlier this month, looked at failings of care at the hospital between 2005 and 2009, which may have contributed in the deaths of up to 1,200 patients, and recommended a shakeup in the culture of the NHS.
In response, the prime minister asked why no one had been prosecuted. Francis recommended criminal sanctions for those who caused harm, and said doctors and managers have a duty to reveal instances of poor care.In response, the prime minister asked why no one had been prosecuted. Francis recommended criminal sanctions for those who caused harm, and said doctors and managers have a duty to reveal instances of poor care.
This week Francis told the health select committee that there were "possibilities" for criminal charges to be brought for "individual manslaughter" or "offences in relation to wilful neglect of vulnerable people".This week Francis told the health select committee that there were "possibilities" for criminal charges to be brought for "individual manslaughter" or "offences in relation to wilful neglect of vulnerable people".
However, senior sources in the NHS told the Guardian they could not see how "criminal charges could be brought against anyone at this late stage".However, senior sources in the NHS told the Guardian they could not see how "criminal charges could be brought against anyone at this late stage".
In 2006 a memorandum of understanding between the Department of Health, the Association of Chief Police Officers and the Health and Safety Executive was issued setting out how these bodies dealt with patient safety.In 2006 a memorandum of understanding between the Department of Health, the Association of Chief Police Officers and the Health and Safety Executive was issued setting out how these bodies dealt with patient safety.
However, the public inquiry's own report says that in cases of "patient safety incidents involving death or serious harm" it only set out "the limits of the HSE's interest in such matters in vague terms".However, the public inquiry's own report says that in cases of "patient safety incidents involving death or serious harm" it only set out "the limits of the HSE's interest in such matters in vague terms".
Criminal charges are considered difficult to bring in cases against doctors because the burden of proof has to be beyond reasonable doubt. Doctors have been sent to prison for fatal mistakes – this week a GP was jailed for manslaughter after he failed to properly diagnose a patient who later died from a diabetic condition.Criminal charges are considered difficult to bring in cases against doctors because the burden of proof has to be beyond reasonable doubt. Doctors have been sent to prison for fatal mistakes – this week a GP was jailed for manslaughter after he failed to properly diagnose a patient who later died from a diabetic condition.
Assistant chief constable Nick Baker, who chaired Friday's meeting, said: "Staffordshire police will be reviewing information brought to light by the Francis inquiry in order to identify whether there is any potential for criminal charges. To assist us with this task we shall be obtaining advice from specialist prosecutors from the Crown Prosecution Service.Assistant chief constable Nick Baker, who chaired Friday's meeting, said: "Staffordshire police will be reviewing information brought to light by the Francis inquiry in order to identify whether there is any potential for criminal charges. To assist us with this task we shall be obtaining advice from specialist prosecutors from the Crown Prosecution Service.
"This is a very substantial report, which we will link into what is already known by previous police investigations, to see if there are any additional investigative inquiries that are required."This is a very substantial report, which we will link into what is already known by previous police investigations, to see if there are any additional investigative inquiries that are required.
Mid-Staffordshire NHS Foundation Trust, which runs the hospital, has previously apologised for the care failings which meant patients were left lying in their own faeces, with food and drink out of reach, and with hygiene so poor that patients' relatives had to clean toilets themselves..Mid-Staffordshire NHS Foundation Trust, which runs the hospital, has previously apologised for the care failings which meant patients were left lying in their own faeces, with food and drink out of reach, and with hygiene so poor that patients' relatives had to clean toilets themselves..
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