• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    Please do not post your full name, reference numbers or any identifiable details on the forum.

NHS trust facing charges

  • Filter
  • Time
  • Show
Clear All
new posts

  • NHS trust facing charges

    Good afternoon I have a question and wondered If anybody knew the answer

    An NHS trust has been charged with manslaughter and will appear in court in October.

    My question is when a trust is facing charges, who sits in the dock? Who answers the questions and who goes to prison?


    Tags: None

  • #2
    The penalty for corporate manslaughter, which is to what you refer, is a fine (technically unlimited)
    Obviously a corporate body cannot be jailed.

    Managers of the trust and possibly senior health care professionals are those most possibly to appear in the dock


    • #3
      Is this the case you are referring to?

      Hospital charged with corporate manslaughter over death of mental health patient | The Independent

      If so there are two defendants: the Trust itself (as a corporate entity) and a named individual (a ward manager).

      The Trust is charged with Corporate Manslaughter. The penalty for that is a fine payable by the Trust. Individuals cannot be imprisoned for Corporate Manslaughter so no-one from the Trust will go to prison.

      The individual in this case is charged with a different offence, Gross Negligence Manslaughter. The individual charged will be in the dock and could be sentenced to imprisonment.

      What I find shocking about this case is that the patient died in 2015 and the Met Police have spent 5 years investigating it before the CPS decided to prosecute. 5 years! How can it possibly need 5 years to come to that decision? Delays like that can only make the grief of the family worse.
      All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.


      • #4
        Hi thanks

        This is the case I was referencing.

        In my experience the NHS can take a very long time delaying the process and coming forth with things when they're asked for them maybe this had something to do with the delays. This must be completely awful for the family. I commend them for the strength they must have had to get it this far. I bet it wasn't easy.

        So would a representative from the trust be in the dock with the manager and obviously the trust will use public monies to defend itself l, will the ward manager be able to do the same or will he have to find his own solicitors.


        • #5
          The ward manager will be protected by NHS indemnity as long as they were directly employed by the NHS trust , ie not via an agency.


          • #6
            The ward manager won't be protected against criminal fines nor for jail time.
            All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.


            • #7
              I got the impression that the OP was specifically asking about financial protection which is why I wrote what I did .


              View our Terms and Conditions

              LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

              If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.

              If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.