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Police examine whether to launch criminal investigation as they consider corporate manslaughter charge at East Kent Hospitals

12:03, 24 May 2021

updated: 16:11, 24 May 2021

Police are examining whether to launch a criminal investigation into the baby death scandal at the troubled East Kent Hospitals trust.

Kent Police's detective chief superintendent says the force's serious crime directorate are "making a number of inquiries" into the catalogue of failures which led to infant deaths between 2014 and 2018.

The Queen Elizabeth Queen Mother Hospital was at the centre of the baby death scandal
The Queen Elizabeth Queen Mother Hospital was at the centre of the baby death scandal

As reported by the Independent, it is believed the possibility of bringing charges against the trust relate to corporate manslaughter and/or gross negligence manslaughter.

If a corporate manslaughter charge is launched, it would be only the second time an NHS trust has faced one in its history.

The Independent reports that police have held meetings with the Crown Prosecution Service and have met with an inquiry team which is also probing the trust's failings.

It is believed the number of cases being investigated by an the inquiry is near to 200.

Detective chief superintendent Paul Fotheringham, head of major crime at Kent Police said: "We received information in August 2020 relating to baby deaths in east Kent hospitals.

The QEQM Hospital
The QEQM Hospital

"This information is being assessed and detectives from the Kent and Essex Serious Crime Directorate are carrying out a scoping exercise, whilst making a number of enquiries."

The news comes as the trust awaits sentencing over a separate criminal prosecution brought forward by the Care Quality Commission.

The trust pleaded guilty earlier this year to the unsafe care and treatment of baby Harry Richford, and will learn its punishment - likely an unlimited fine - at court next month.

Harry died following a traumatic birth involving a catalogue of failures by medics at the QEQM Hospital in Margate in November 2017.

Last year, a coroner ruled he was failed by the hospital following a three-week inquest which found the tot's death was "wholly avoidable".

Harry Richford's death was 'wholly avoidable'
Harry Richford's death was 'wholly avoidable'

Now, Harry's death is likely playing a major role into officers' "scoping exercise" in relation to the potential criminal investigation.

A trust can be found guilty of corporate manslaughter if there is found to be “a gross breach of a relevant duty of care owed by the organisation to the deceased”.

The only other NHS corporate manslaughter case also came from Kent, when the Maidstone and Tunbridge Wells trust was taken to court in 2016 over the death of mum-of-two Frances Cappuccini.

A spokesperson for East Kent Hospitals said: “We have not been contacted at all by Kent Police, however, should they open an investigation we would of course cooperate fully.

“We thank the families who have come forward to share their experiences of using our maternity services with the independent investigation. We welcome the independent investigation, the lessons that can be learned and continue to do everything possible to support the investigation team in its work.

'Should they open an investigation we would of course cooperate fully...'

“We remain committed to continuing to make improvements.”

Kent councillor for Ramsgate, Karen Constantine, said: “It is of course extremely sad and concerning that a corporate manslaughter charge is now under consideration.

"Nothing is more important than ensuring the clinical safety, health and well-being of mothers and their babies. That East Kent Hospitals has let down so many women and babies is a disgrace, for which they are rightly sorry.

"The problems and deep-seated issues within east Kent maternity services have been known about for a long time. Action has been too slow. The problems are deep and endemic. “

Read more: All the latest news from Kent

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