Memorandum of Understanding: Investigating healthcare incidents where suspected criminal activity may have contributed to death or serious life-changing harm

I am pleased to announce that the Memorandum of Understanding (MoU) Investigating healthcare incidents where suspected criminal activity may have contributed to death or serious life-changing harm was published today on GOV.UK.

This MoU was recommended by Professor Sir Norman Williams’ rapid policy review into gross negligence manslaughter in 2018. The Williams review was set up to look at the wider impact of concerns among healthcare professionals that simple errors could result in prosecution for gross negligence manslaughter, even if they happen in the context of broader organisation and system failings.

Following this recommendation, the Department of Health and Social Care consulted with regulatory, investigatory and prosecutorial bodies to develop the new MoU, Investigating healthcare incidents where suspected criminal activity may have contributed to death or serious life-changing harm.

The MoU applies in England and has been formally signed by:

NHS EnglandNational Police Chiefs’ CouncilHealth and Safety ExecutiveCrown Prosecution ServiceCare Quality CommissionGeneral Medical CouncilNursing and Midwifery CouncilGeneral Dental CouncilHealth and Care Professions CouncilGeneral Pharmaceutical CouncilGeneral Optical CouncilGeneral Chiropractic CouncilGeneral Osteopathic CouncilThe MoU will be used by signatories to help deliver early, co-ordinated and effective action following incidents where there is reasonable suspicion that a patient/service user’s death or serious life-changing harm occurred as a result of suspected criminal activity in the course of healthcare delivery.

The MoU specifically delivers on the following recommendations from the Williams review:

updates and replaces the previous MoU from 2006;sets out the roles and responsibilities of the signatories providing a framework for how organisations should work together to ensure a coordinated approach;provides advice on communication including liaising with families and the public; andsupports the development of a ‘just culture’ in healthcare which recognises the impact of wider systems on the provision of clinical care or care decision making. This includes considering the wider systems in place at the time of the incident, to support a fair and consistent evaluation of the actions of individuals and ensuring expert witnesses consider the effects of the wider systems in place during an incident.