Saturday, November 16, 2013

New offence of "wilful neglect": 'Dangerous Care Act'?

New offence of "wilful neglect": 'Dangerous Care Act'? 

The government has announced it intends to make a new criminal offence of "wilful neglect" to cover knowingly poor care by doctors, nurses and managers. Both Francis and Berwick recommended that creating such an offence would be a backstop to the other host of reforms required to ensure safe reform. Neither suggested that the offence was important nor that there would be many prosecutions for such an offence.
Nonetheless, despite not making any recommendations about minimum staffing levels or addressing any of the recommendations fully (the proposed statutory duty of candour has been significantly diluted), the government will be legislating for jail sentences up to five years. Already the RCN and BMA have expressed reservations. It seems doubtful this measure will have a positive impact on transparency, and seems like a move away from the culture Berwick wanted to encourage - moving away from blame and fear as motivating factors.
If the government has truly failed to grasp the heart of the Francis and Berwick recommendation, then it is incompetent. More likely, it has resorted to the cheap and quick option which appeases those out for vengeance, like Cure the NHS.

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