Manslaughter investigation protocol agreed
Police investigations into unexpected deaths or serious untoward harm in the NHS should only take place when there is clear evidence of a criminal offence having been committed.
So says a protocol (PDF 130K) agreed between the Department of Health,
the Association of Chief Police Officers and the Health and Safety Executive.
HSE investigations
should only take place where a breach of health and safety requirements
is the likely cause or a significant factor in the death. The protocol
applies to all primary and secondary care activities in England and a
modified form will be issued for Wales. It does not apply to Scotland
or Northern Ireland.
The protocol says that decisions in the NHS to report incidents to the
police should only be made by trust chief executives or executive directors
in one of three circumstances: evidence or suspicion that actions leading
to harm were intended; evidence or suspicion that adverse consequences
were intended; or evidence or suspicion of gross negligence or recklessness.
The police or HSE can initiate investigations if contacted about an incident
by a patient, or by relatives or a coroner where a death has occurred.
If such a referral is made, a joint NHS trust, police and HSE incident
co-ordination group must meet within five days to set out the needs of
each organisation so that actions can be agreed that do not prejudice
the different needs of each.
Where the police or the HSE feels the need to interview NHS staff, the
protocol says that staff should be encouraged to make early, voluntary
statements and should be given access to legal representation for this
purpose. |
The
Pharmaceutical Journal
Acrobat
Reader