No charges are to be made over the deaths of 90 people from C. difficile they contracted at a Kent hospital, it has been announced.
Kent Police and the Health and Safety Executive (HSE) have said there is insufficient information to launch a criminal investigation into the outbreak of the superbug at the Maidstone and Tunbridge Wells NHS Trust – the worst ever in the UK.
In October of last year, the Healthcare Commission published a report into outbreaks of C.difficile at the Kent trust and Kent Police and the HSE conducted a joint review of that report.
At the time, the Commission said there were “significant failings” at the trust and of 345 deaths it considered as part of its review, 90 were “definitely or probably” caused by C.difficile.
During the period studied, more than 1,170 patients were infected across the trust’s three hospitals and Health Secretary Alan Johnson said at the time the case was “scandalous”.
To prepare their newly-published review, the police and HSE carried out a series of interviews with the Commission’s lead investigators and all the experts who considered the information gathered by the Commission in compiling its report.
They conclude that whilst mistakes had been made, there is insufficient information to launch a criminal investigation.
Sandra Caldwell, HSE deputy chief executive, said: “First I want to express my sympathy to all those affected by the outbreaks of C.difficile at the trust. HSE shares the Police’s conclusion that, from the information available, we cannot establish with certainty a causal link between failings to manage infection and the death of any particular person.
“The trust has acknowledged that mistakes were made and their senior management team has changed substantially.
“Our priority now is to provide reassurance to the people of Kent that the infection risk at their hospitals is being properly managed. An audit of the trust will therefore be conducted this September.”
Kent Police assistant chief constable Allyn Thomas said: “While the report makes for grim and at times distressing reading, our review has not identified any information that would indicate a need or duty to conduct a criminal investigation into the trust at this time.”
Officers considered in their review, corporate manslaughter using legislation in place at the time of the outbreaks, and gross negligent manslaughter committed by an individual.
Each family affected by the deaths has been contacted during the period of the review. The families have been made aware of the decision made by Kent Police and the HSE and have been informed that in the coming weeks Kent Police will visit them.