Regulators sign MOU on investigating suspected criminal activity in healthcare

Healthcare regulators have jointly signed a Memorandum of Understanding on investigating suspected criminal activity in healthcare.

The MoU, which was developed by the Department of Health and Social Care in consultation with regulatory, investigatory and prosecutorial bodies, was a reccomendation of Professor Sir Norman Williams’ review into gross negligence manslaughter in healthcare settings, published in June 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.

The 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 updates and replaces the previous MoU from 2006. It 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; and supports 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.

The MoU was announced in Parliament on 17 December 2024 by a written statement by Karin Smyth, Minister of State ofr Health (Secondary Care).

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