NHS Trust found not guilty over death of County Durham teenager
Tees, Esk and Wear Valleys NHS Foundation Trust were being prosecuted by the Care Quality Commission
Tees, Esk and Wear Valleys NHS Foundation Trust has today been found not guilty in a criminal prosecution brought by the Care Quality Commission (CQC).
It was held at Teesside Magistrates’ Court over the death of 18 year-old Emily Moore who was using one of their services.
The Trust was found not guilty to one offence of failing to provide safe care and treatment contrary to Regulations 12 and 22 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 at one of their facilities, Lanchester Road Hospital.
Emily Moore had been under the care of community child and adolescent mental health services (CAMHS) since February 2017, until shortly before her death in February 2020.
In February 2020 Emily died following an incident, whilst she was a resident on the Tunstall Ward at Lanchester Road Hospital.
CQC brought the prosecution as it believed Tees, Esk and Wear Valleys NHS Foundation Trust had exposed Emily to a significant risk of avoidable harm, however, following consideration of expert evidence during the trial, the judge was satisfied that this was not the case.
CQC is also prosecuting the trust in relation to the deaths of two other people, while they were receiving care from Tees, Esk and Wear Valleys NHS Foundation Trust. The trust has pleaded guilty to these two charges and a sentencing hearing is due to take place at Teesside Magistrates’ Court on Friday 19th April 2024.
Ann Ford, CQC’s director of operations in the north, said:
“This is a tragic case, and my thoughts are with Emily’s family who are grieving for their loss.
“We are very disappointed with this outcome, however I hope this prosecution reminds other health and social care organisations they must provide care and treatment in a safe way that meets people’s needs.
“If we find people are at risk of harm, we won’t hesitate to take action in line with our enforcement powers to keep people safe.”
CQC is unable to release any further information until all legal proceedings against the trust have concluded.
Brent Kilmurray, chief executive at Tees, Esk and Wear Valleys NHS Foundation Trust, said:
“It’s hard to imagine how difficult the past few days, weeks and indeed years must have been for Emily’s family and friends. I’d like to say again how deeply sorry we are for their loss.
“Sadly, nothing positive comes from this.
“We have acknowledged and apologised for unacceptable failings in Emily’s care while she was at West Lane Hospital – that remains the case. Our position on that has not changed.
“However, this charge related to Emily’s care record at a different hospital.
“During the trial we heard from independent expert witnesses who said that her care was safe, appropriate and compassionate, and we don’t believe this warranted a prosecution by the CQC.
“That is why we had to defend this case.”