Nottingham University Hospitals NHS Trust is being investigated for corporate manslaughter, following deaths in its maternity units, police have announced.
Detective superintendent Matthew Croome, of Nottinghamshire Police, confirmed yesterday that the force was now formally progressing with a corporate manslaughter probe against the trust.
The decision had been made based on the findings so far from Operation Perth, the force’s investigation into deaths and serious injuries of mothers and babies using the trust’s maternity services, explained Mr Croome.
“We are deeply sorry for the pain and suffering caused”
Nick Carver and Anthony May
Mr Croome did not specify how many deaths it was looking into.
However, Nottinghamshire Police said files relating to “more than 200” families had been referred to Operation Perth by senior midwife Donna Ockenden.
Ms Ockenden has been supplying the police with these files as part of her independent review into maternity failings at the trust over the years.
Around 2,500 files in total are expected to be referred.
In his statement confirming the corporate manslaughter probe, Mr Croome said: “In order to deliver a fair, impartial and objective investigation, I have informed the trust of these facts, and this is a decision I’ve taken based on the progress we have made within Operation Perth so far.
“I am committed to providing you with meaningful updates as we progress and as we continue to review the family folders we receive from the independent review into maternity care led by Donna Ockenden.”
The investigation will focus on deaths at Nottingham City Hospital and Nottingham Queen’s Medical Centre, both of which are run by Nottingham University Hospitals.
Corporate manslaughter
An offence of corporate manslaughter is committed when “very serious failings” on the part of companies and other organisations lead to death, or deaths.
For a company to be found liable, it must be proven that a gross breach of a duty of care happened, and that senior management failings “must have formed a substantial element” of this breach.
It must also be proven that this breach of a duty was “causative” of death.
An individual cannot be prosecuted for this offence, the organisation itself acts as defendant.
Organisations found guilty face fines of between £180,000-£20m.
Information via the Crown Prosecution Service
It is separate from the prosecution brought against the trust by the Care Quality Commission (CQC), which concluded earlier this year and related to three baby deaths at Nottingham City Hospital.
The CQC action led to the trust being fined £1.6m for exposing women and their babies to avoidable harm.
A joint statement by trust chair Nick Carver and chief executive Anthony May, issued after the announcement of the corporate manslaughter investigation, reiterated the trust’s acknowledgement of the harm faced by women, babies and their families.
“We are deeply sorry for the pain and suffering caused,” it continued. “We know that for many families this harm and suffering will be lifelong .
“Since joining the board, we have emphasised the importance of openness, transparency and accountability in our leadership and decision-making. We recognise that there is more to do.”
The joint statement said the trust was “fully committed” to both the police investigation and Ms Ockenden’s independent review.
Mr Carver and Mr May added: “We know how important the police investigation and independent review are for the affected families, the trust and our local communities.
“We hope that affected families receive the answers that they deserve.”
Dr Jack Hawkins and Sarah Hawkins, parents of a stillborn child, whistleblew in 2017 about their experiences at the trust.
Following the announcement, they said: “Harriet should be nine years old. Our lives were completely destroyed by the unimaginable and repeated trauma at the hands of [the trust].”
The parents said the investigation was “just one piece of the jigsaw towards accountability”.
“We will continue to fight for justice, not only for Harriet, but for all those whose lives have shattered,” they added.
A statement by the Nottingham Affected Families Group, which represents some of those impacted by substandard care at the trust, said families felt “an immense sense of vindication” at the announcement.
