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Mind the gap

29 November 2013 / Kate Beattie
Issue: 7586 / Categories: Features , Health & safety , Regulatory
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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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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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