Investigating suspected criminal activity in healthcare: MoU
Memorandum of understanding for investigating healthcare incidents where suspected criminal activity may have contributed to death or serious life-changing harm.
Applies to England
Documents
Details
Professor Sir Norman Williams’ review into gross negligence manslaughter in healthcare settings, published in June 2018, recommended that a new memorandum of understanding (MoU) be agreed between relevant bodies to replace the 2006 protocol.
It recommended that, as a minimum, the MoU should:
- establish a common understanding of the respective roles and responsibilities of the organisations involved
- support effective liaison and communications
- cover what is expected of expert witnesses, in particular that they should consider the wider system as a whole in which the actions of an individual took place - this includes examining aspects of the organisation’s culture, work patterns and leadership as well as a consideration of job workload, procedures and the working environment
The Department of Health and Social Care consulted with regulatory, investigatory and prosecutorial bodies to develop the new MoU.
The MoU sets out how healthcare organisations, regulatory bodies, investigatory bodies and prosecutorial bodies will work together in cases where there is suspected criminal activity on the part of an individual in relation to the provision of clinical care or care decision-making.
The MoU covers any such incidents occurring in the course of healthcare delivery where suspected criminal activity on the part of an individual is believed to have led to or significantly contributed to the death or serious life-changing harm (whether of a physical or psychological nature) of a patient or service user.