GovWire

Guidance: Investigating suspected criminal activity in healthcare: MoU

Department Of Health

December 17
16:00 2024

class="gem-c-govspeak govuk-govspeak gem-c-govspeak--direction-ltr govuk-!-margin-bottom-0">

Professor Sir Norman Williams review into gross negligence manslaughter in healthcare settings, published in June 2018, recommended that a new memorandum of understanding (MoU) be agreed between relevant bodies to replace the 2006 protocol.

It recommended that, as a minimum, the MoU should:

  • establish a common understanding of the respective roles and responsibilities of the organisations involved
  • support effective liaison and communications
  • cover what is expected of expert witnesses, in particular that they should consider the wider system as a whole in which the actions of an individual took place - this includes examining aspects of the organisations culture, work patterns and leadership as well as a consideration of job workload, procedures and the working environment

The Department of Health and Social Care consulted with regulatory, investigatory and prosecutorial bodies to develop the new MoU.

The MoU sets out how healthcare organisations, regulatory bodies, investigatory bodies and prosecutorial bodies will work together in cases where there is suspected criminal activity on the part of an individual in relation to the provision of clinical care or care decision-making.

The MoU covers any such incidents occurring in the course of healthcare delivery where suspected criminal activity on the part of an individual is believed to have led to or significantly contributed to the death or serious life-changing harm (whether of a physical or psychological nature) of a patient or service user.

Updates to this page

Published 17 December 2024

Sign up for emails or print this page

Recent Comments

Follow Us on Twitter

Share This


Enjoyed this? Why not share it with others if you've found it useful by using one of the tools below: