Healthcare Incidents: Suspected Criminal Activity Contributing to Death or Serious Harm

I am pleased to announce that the memorandum of understanding (MoU), “Investigating healthcare incidents where suspected criminal activity may have contributed to death or serious life-changing harm”, was published today on www.gov.uk.

This MoU was recommended by Professor Sir Norman Williams’ rapid policy review into gross negligence manslaughter in 2018. The Williams review was set up to look at the wider impact of concerns among healthcare professionals that simple errors could result in prosecution for gross negligence manslaughter, even if they happen in the context of broader organisation and system failings.

Following this recommendation, the Department of Health and Social Care consulted with regulatory, investigatory and prosecutorial bodies to develop the new MoU, “Investigating healthcare incidents where suspected criminal activity may have contributed to death or serious life-changing harm”.

The MoU applies in England and has been formally signed by:

NHS England

National Police Chiefs’ Council

Health and Safety Executive

Crown Prosecution Service

Care Quality Commission

General Medical Council

Nursing and Midwifery Council

General Dental Council

Health and Care Professions Council

General Pharmaceutical Council

General Optical Council

General Chiropractic Council

General Osteopathic Council

The MoU will be used by signatories to help deliver early, co-ordinated and effective action following incidents where there is reasonable suspicion that a patient/service user’s death or serious life-changing harm occurred as a result of suspected criminal activity in the course of healthcare delivery.

The MoU specifically delivers on the following recommendations from the Williams review:

Updates and replaces the previous MoU from 2006;

sets out the roles and responsibilities of the signatories providing a framework for how organisations should work together to ensure a co-ordinated approach;

provides advice on communication including liaising with families and the public; and

supports the development of a “just culture” in healthcare which recognises the impact of wider systems on the provision of clinical care or care decision making. This includes considering the wider systems in place at the time of the incident, to support a fair and consistent evaluation of the actions of individuals and ensuring expert witnesses consider the effects of the wider systems in place during an incident.