Proposed wilful neglect law may see up to 240 health prosecutions a year Government wants criminal offence to be introduced in England following Mid Staffs hospital scandal.
Up to 240 prosecutions a year alleging wilful neglect or ill-treatment of patients could take place under a new criminal offence to be introduced in England following the Mid Staffordshire hospital scandal, the government says.
Individuals could face up to five years imprisonment and/or £5,000 in fines, says a consultation paper and impact assessment on proposed new legislation. The organisations that employ them could face far stiffer financial penalties.
Such a law would act as a deterrent and match penalties that already exist for those who ill-treat people without mental capacity, says the Department of Health. "This offence will also send a strong message that poor care will not be tolerated and ensure that wherever ill-treatment or wilful neglect occurs, those responsible will be held to account."
The cost to the criminal justice system is estimated at £2.2m a year, although in a minority of cases defendants will be required to fund their own costs at about £400 a time. Other costs, though not quantified, will be incurred by police and organisations taking steps to reduce risk of prosecution. There may also be reputational damage, says the department.
The recommendation for an offence to apply within the NHS came from an advisory group chaired by Don Berwick, an international expert on patient safety, after Robert Francis's damning verdict on Mid Staffs. But ministers believe it should apply far more widely, including in private hospitals, nursing homes – whether they be under NHS, local authority or private management – and in the voluntary sector.
The figure of 240 prosecutions a year is a best, if guarded, estimate based on prosecutions currently brought under mental health legislation. But with an estimated 10.8m users of health and social care each year, the department believes offences under the new law would affect one in 45,000 patients, against the one in 3,800 patients affected by cases governed by mental health law.
Ministers say genuine errors or accidents should never lead to prosecution but rather be used as a way of learning to improve the quality of services. The care and support minister, Norman Lamb, said: "Our healthcare system is the envy of the world. The NHS is full of caring and compassionate staff delivering the best care for patients. But the Francis inquiry showed that sometimes the standard of care is not good enough.
"This is not about punishing honest mistakes – it is about closing the gap in current laws so that this type of poor care cannot go unpunished. The proposal is part of a package of measures after Francis to ensure better protections for patients, more support for NHS staff and greater transparency and openness in the NHS."
Peter Walsh, from the patient safety charity Action against Medical Accidents, broadly welcomed the proposals, especially the criminal offence relating to organisations. He said: "It is important to remember that this is about wilful neglect – not mistakes or lapses. It is intolerable that people guilty of such wilful neglect can currently not be held to account. The impact assessment shows that the DoH estimates many are avoiding that. However, the main emphasis must be on supporting good quality care. An acceptance of compulsory minimum staffing levels would have helped that." The Guardian
Up to 240 prosecutions a year alleging wilful neglect or ill-treatment of patients could take place under a new criminal offence to be introduced in England following the Mid Staffordshire hospital scandal, the government says.
Individuals could face up to five years imprisonment and/or £5,000 in fines, says a consultation paper and impact assessment on proposed new legislation. The organisations that employ them could face far stiffer financial penalties.
Such a law would act as a deterrent and match penalties that already exist for those who ill-treat people without mental capacity, says the Department of Health. "This offence will also send a strong message that poor care will not be tolerated and ensure that wherever ill-treatment or wilful neglect occurs, those responsible will be held to account."
The cost to the criminal justice system is estimated at £2.2m a year, although in a minority of cases defendants will be required to fund their own costs at about £400 a time. Other costs, though not quantified, will be incurred by police and organisations taking steps to reduce risk of prosecution. There may also be reputational damage, says the department.
The recommendation for an offence to apply within the NHS came from an advisory group chaired by Don Berwick, an international expert on patient safety, after Robert Francis's damning verdict on Mid Staffs. But ministers believe it should apply far more widely, including in private hospitals, nursing homes – whether they be under NHS, local authority or private management – and in the voluntary sector.
The figure of 240 prosecutions a year is a best, if guarded, estimate based on prosecutions currently brought under mental health legislation. But with an estimated 10.8m users of health and social care each year, the department believes offences under the new law would affect one in 45,000 patients, against the one in 3,800 patients affected by cases governed by mental health law.
Ministers say genuine errors or accidents should never lead to prosecution but rather be used as a way of learning to improve the quality of services. The care and support minister, Norman Lamb, said: "Our healthcare system is the envy of the world. The NHS is full of caring and compassionate staff delivering the best care for patients. But the Francis inquiry showed that sometimes the standard of care is not good enough.
"This is not about punishing honest mistakes – it is about closing the gap in current laws so that this type of poor care cannot go unpunished. The proposal is part of a package of measures after Francis to ensure better protections for patients, more support for NHS staff and greater transparency and openness in the NHS."
Peter Walsh, from the patient safety charity Action against Medical Accidents, broadly welcomed the proposals, especially the criminal offence relating to organisations. He said: "It is important to remember that this is about wilful neglect – not mistakes or lapses. It is intolerable that people guilty of such wilful neglect can currently not be held to account. The impact assessment shows that the DoH estimates many are avoiding that. However, the main emphasis must be on supporting good quality care. An acceptance of compulsory minimum staffing levels would have helped that." The Guardian
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