Criminal prosecutions in the patient safety arena continue to rise, such as this recent case by the Health and Safety Executive against The Priory following the very sad death of 14-year old Amy El-Keria whilst in the care of one of its hospitals in 2012.

Both the Health and Safety Executive and the Care Quality Commission are able to prosecute public (NHS and Local Authority) and independent organisations for health and safety breaches in the health and social care sector. CQC Chief Executive Ian Trenholm  recently confirmed the appetite for prosecution; warning that we will see the number of prosecutions increasing – acknowledging that the CQC had 163 possible prosecutions lined up against adult social care providers and 31 potential prosecutions against NHS organisations.

With the 2016 Sentencing Guidelines, the prospect of a fine in the millions is very real – the potential impact of breaches is greater than ever before. Having represented the Trust in CQC’s first ever prosecution against an NHS organisation on safety grounds, and many health and social care providers in HSE and CQC enforcement and prosecution actions, we are leading experts in this sector. We will work with you to minimise your exposure to risk from a financial, commercial and reputational perspective.

There are steps that you can take now to ensure that your organisation is in the best possible place. The climate is changing and this must be a priority.


If you would like to discuss health and safety, CQC/HSE regulation, enforcement and prosecution action or patient safety issues further please speak to one of our experts:

Hannah Taylor

Carlton Sadler