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29 November 2013 / Kate Beattie
Issue: 7586 / Categories: Features , Health & safety , Regulatory
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Mind the gap

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When does a failure to prosecute health & safety violations breach human rights? Kate Beattie reports

Criminal prosecutions have not, hitherto, been used as a general regulatory tool for ensuring patient safety and standards of care within the NHS. But this may be set to change. Last month the Mid Staffordshire NHS Foundation Trust pleaded guilty to breaching health and safety legislation in the case of a diabetic patient, Gillian Astbury, who died after nurses failed to give her insulin. The case, brought by the Health and Safety Executive (HSE), alleged that the trust had failed to devise, implement or manage systems of communication for sharing patient information, including in relation to shift handovers and record-keeping. The trust is now awaiting sentence at the Crown Court where an unlimited fine may be imposed.

The HSE has insisted that its decision to bring the prosecution does not mark a shift in its regulatory role in the health service, and that it has previously prosecuted NHS providers, including trusts, in relation to similar incidents. But the

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MOVERS & SHAKERS

Constantine Law—Anita Vadgama

Constantine Law—Anita Vadgama

New senior partner hire at consultant-led employment / regulatory law firm

Ward Hadaway—Emma Swann & Jill Donabie

Ward Hadaway—Emma Swann & Jill Donabie

Firm adds two partners to growing education practice

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

Trio of newly qualified solicitors strengthens Worcester office law firm

NEWS
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
The treasury has sought to reassure the legal profession over concerns about cost, bureaucracy and independence when the Financial Conduct Authority (FCA) takes over regulation of anti-money laundering compliance
One out of two barristers has come under pressure from clients to act unethically, according to the results of this year’s Barristers’ Working Lives survey
The Court of Appeal has held the Competition Appeal Tribunal (CAT) was wrong to set aside a Competition and Markets Authority (CMA) decision on unfair pricing of phenytoin, an epilepsy drug
A flagship employment law reform is due to come into effect on 1 July, extending unfair dismissal rights to employees after six months in their job instead of two years
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