Trust faces unlimited fine after pleading guilty to failing to provide safe care

East Kent Hospitals University Foundation Trust pleaded guilty to a charge under regulation 12 of the Health and Social Care Act 2008. The trust was accused of causing harm by failing to provide safe care and treatment to baby Harry Richford — who died seven days after his birth at the trust’s Queen Elizabeth, the Queen Mother, Hospital in Thanet in 2017 — and his mother, Sarah.

This is the fourth time the Care Quality Commission has prosecuted a trust for failing to meet the fundamental standards, which were brought in after the Mid-Staffordshire care scandal. However, it is the first time the standard of clinical care has been at the centre of the case, with the other three cases, which all involved mental health trusts, focused on unsafe premises.

Sentencing has been scheduled for 18 June. The trust faces an unlimited fine. 

EKHUFT is also facing a government-commissioned independent review, headed by Bill Kirkup, into its maternity services. This is expected to report towards the end of 2022.

Meanwhile, an earlier inquest in 2020 found Harry’s death was “wholly avoidable” and contributed to by neglect.

A statement from the Richford family said the prosecution for poor clinical care “demonstrates the severity of issues that were discovered”. 

The statement also noted that, since an expert team was put into place at the trust following Harry’s inquest in January 2020, neonatal deaths had dropped 55 per cent and stillbirths by 22 per cent, which ”demonstrates clearly to us that, with the correct focus, leadership and procedures, babies’ lives can be saved”. 

EKHUFT chief executive, Susan Acott, said in a statement: “We are deeply sorry that we failed Harry, Sarah and the Richford family and apologise unreservedly for our failures in their care.

“We are determined to learn when things go wrong. Our midwives, our doctors and every member of our staff constantly strive to give good care every day. We have already made significant changes following Harry’s death and we will continue to do everything we can to learn from this tragedy.

“We are working closely with national maternity experts to make sure we are doing everything we can to make rapid and sustainable improvements.

“We have welcomed the independent investigation into maternity services in east Kent and we are doing everything in our power to assist and support the investigation.”

The trust was due to face two separate charges — one relating to Harry and another to Sarah — but these were replaced by a single charge to cover both mother and baby. 

The CQC has been contacted for comment. 

This morning’s court case was heard at Folkestone Magistrates Court in front of district judge Justin Barron.