Ministers propose new wilful neglect in healthcare offence

A new criminal offence of deliberate neglect or mistreatment in health or social care situations is proposed in a Scottish Government consultation published today.

Ministers say they want to ensure that the criminal justice system is able to deal effectively with cases such as came to light in Mid-Staffordshire NHS Foundation Trust effectively when they arise. A public inquiry into Stafford Hospital found that many patients died over a period of years from lack of food or proper medical care.

The proposed offence would be similar to those that presently exist in relation to mental health patients and adults with incapacity, and would cover the wilful neglect or ill-treatment of anyone receiving care or treatment in a range of care services. The consultation emphasises that it is not intended to cover instances of genuine error or accident.

It adds that other remedies and means of redress, for example under the Human Rights Act 1998, or through formal complaints procedures, will remain available. "These will continue to offer an appropriate and accessible route to dealing with situations of concern in which alleged neglect or ill-treatment cannot be attributed to deliberate misconduct", the paper states.

Views are sought on five particular areas: the type of care settings which the offence should cover; whether the offence should be based on conduct or outcomes; how the offence should apply to organisations as well as individuals; penalties; and equality issues.

Click here to view the consultation. The deadline for responses is 2 January 2015.