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"A new inquiry by Bill Kirkup into the death of a baby girl 16 years ago will examine the role of NHS regulators and national bodies whose inaction led to a “regulatory gap”, HSJ can reveal."
CQC and NHSI either have the regulatory power (and hence duty) to investigate "historic cases" such as that of Lizzie Dixon or they do not. If they have the power but have not exercised it they need to explain why not. If they do not have the power they need to be given it and this should be a recommendation of Kirkup's report. Given the current failures of PHSO (see Patient Association report: Labyrinth of Bureaucracy) to give satisfaction there is currently nowhere for the dispossessed to go other than SoS who is sparing with his favours. In either case it cannot be said that regulatory inaction is the cause of (led to) the gap.