07.03.17
Southern Health to face CQC legal action over safe care failings
The CQC will be taking legal action against a troubled NHS foundation trust over its alleged failure to provide safe care, which resulted in harm being caused to a patient.
The action will be taken against the Southern Health NHS FT and is due to an incident in December 2015 where a patient was seriously injured after falling from a low roof at Melbury Lodge, Royal Hampshire County Hospital in Winchester.
This will make Southern Health the first trust to be taken to court by the CQC since legislation was brought in after the Mid Staffs scandal to improve care and accountability in NHS trusts.
The law states that providers of health and social care must take every “reasonable step” to ensure patients receive safe care and treatment, something that they have accused the trust of failing to do in this case.
This news will put more pressure on the trust after it admitted responsibility for the death of an 18-year-old man, Connor Sparrowhawk, whilst he was in their care.
Southern Health paid out £80,000 to Sparrowhawk’s family, also announcing that it would publish a statement explaining the failings that led up to the teenagers death.
Julie Dawes, interim CEO of Southern Health NHS FT, spoke about the legal action, saying: “I can confirm that the CQC has informed us of its decision to prosecute the trust in relation to a health and safety incident which took place in December 2015 at Melbury Lodge, Winchester.
“I express again our apologies to the patient involved, and the patient’s family. The safety of people using our services is of central importance to us and we are doing everything we can to improve the safety and quality of our services at present.”
Dawes also said that efforts were being made to make the trust safer, adding that since the incident it has made significant improvements to Melbury Lodge, investing over £1m.
The CQC had previously acknowledged in a report published in September that anti-climb guttering had been installed to prevent patients from getting up onto the roof, and a fence that allowed accessibility to the roof had been fixed.
“This includes climb-proof guttering to prevent a similar incident taking place, as well as comprehensive refurbishment of the interior to make the ward safer and more therapeutic for patient,” said Dawes. “We are awaiting further information from the CQC about its intended prosecution and are not in a position to comment further about this decision at this very early stage of proceedings.”
The case is expected to be heard later this year at Basingstoke Magistrates Court.