Second NHS trust prosecuted for safe care failings

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Second prosecution of its kind by CQC
Trust alleged to have failed to provide safe care

A second NHS trust is being prosecuted by the Care Quality Commission over the death of a patient under fundamental standards brought in after the Mid Staffordshire care scandal.

Sussex Partnership Foundation Trust will appear in court on Wednesday charged with failing to provide safer care and treatment to a patient.

The case – which will be heard at Brighton magistrates court – involves a 19-year-old prisoner who was found hanging in the healthcare unit at HMP Lewes in February 2016.

The charges follow the accusation by the CQC that the trust breached regulation 12(1) of the fundamental standards, in that it failed to provide safe care and treatment which resulted in avoidable harm, or a significant risk of exposure to avoidable harm, to a service user.

As a first appearance, the case is expected to be adjourned to a later date.

CQC chief executive Ian Trenholm warned last year that the regulator was considering bringing more criminal prosecutions against providers.

So far, the CQC has only used its power to prosecute for failing to provide safe care against one other NHS trust. Southern Health Foundation Trust was fined £125,000 and told to pay £36,000 in costs after a patient under its care fell from a roof.