Staff at the hospital where Lucy Letby was employed may face criminal charges for alleged “gross negligence,” as confirmed by police on Thursday evening. The former neonatal nurse, now 35 years old, is currently serving 15 whole life sentences after being convicted of murdering seven infants and attempting to murder an additional six babies during her tenure at the Countess of Chester Hospital between June 2015 and June 2016. Following the conclusion of Letby’s initial murder trial in October 2023, Cheshire Police initiated a separate investigation into potential corporate manslaughter.
Detective Superintendent Paul Hughes, the Senior Investigating Officer, has now indicated that the scope of the investigation has been expanded to include possible offences of gross negligence manslaughter. Here, The i Paper examines the nature of the police investigation and its implications for Letby’s convictions.
What is gross negligence manslaughter?
Under UK law, the crime of gross negligence manslaughter occurs when a death results from a grossly negligent “act or omission” by an individual. This offence carries a maximum penalty of life imprisonment. Prosecutions for gross negligence manslaughter are exceedingly rare, and the parameters defining what constitutes gross negligence have been shaped by several landmark judicial rulings over the past three decades.
The most recent judicial summary provided in 2016 outlined the “critical ingredients” of the offence as a “breach of an existing duty of care” where it is “reasonably foreseeable” that such a breach could lead to “a serious and obvious risk of death.” Furthermore, it stipulates that the “conduct of the defendant” must be “so egregious in all the circumstances as to amount to a criminal act or omission.”
Who can be prosecuted?
Cheshire Police noted that their initial investigation into corporate manslaughter at the Countess of Chester Hospital primarily focused on “senior leadership and their decision-making” to ascertain whether any criminal acts occurred in response to the increased mortality rates among infants. A corporate manslaughter charge would implicate the hospital trust rather than individuals, resulting in an unlimited financial penalty.
In a related case, Nottingham University Hospitals NHS Trust was ordered to pay £1.6 million in fines after pleading guilty to charges of failing to provide safe care to three infants and their mothers, following a prosecution by the Care Quality Commission (CQC).
However, Detective Superintendent Hughes has stated that the investigation in Cheshire has now expanded to include the “grossly negligent actions or inactions of individuals.” He confirmed that all individuals being considered as suspects have been informed, although the police will refrain from publicly naming them until arrests or charges are made. According to guidance from the Crown Prosecution Service, the offence can be committed by “any healthcare professional.”
Does this affect Letby’s convictions?
Cheshire Police have emphasized that this latest development does not impact Lucy Letby’s existing convictions. Letby’s most recent attempt to appeal her convictions was dismissed by the Court of Appeal in October of last year, specifically regarding the attempted murder of a child known as Baby K. Her legal representatives argued that media coverage and public comments by police had unfairly prejudiced her trial, but three High Court judges rejected this appeal.
Since then, Letby has engaged a new lawyer, Mark McDonald, who asserts that he has gathered a variety of new evidence from experts that could prove her innocence. He has petitioned the Criminal Case Review Commission (CCRC) to revisit her case and present it once again to the Court of Appeal. The CCRC has acknowledged receiving a “preliminary application” from Mr. McDonald and anticipates further submissions in due course, though they have indicated that it is too soon to estimate how long the review process will take.
Public inquiry due to conclude
In parallel to these developments, a public inquiry into Lucy Letby’s crimes is set to hear closing arguments on Monday. Lady Justice Thirlwall has spent months reviewing evidence regarding the potential measures that could have been taken to prevent Letby from harming infants during sessions held at Liverpool Town Hall. At the beginning of the inquiry, she condemned those who have questioned the validity of Letby’s convictions, stating, “All of this noise has caused enormous additional distress to the families who have already suffered far too much.”
Justice Thirlwall has expressed her intent to publish a report containing her findings by the end of the year. However, there are calls from critics to pause the inquiry due to the new evidence presented by Letby’s legal team. Mr. McDonald remarked, “It is astonishing that on the eve of the legal argument to stop the Thirlwall Inquiry, the police have decided to issue a press release discussing gross negligence manslaughter. We now have substantial and significant expert evidence that completely undermines the prosecution case against Lucy Letby and points the finger in a very different direction than that which the police are currently investigating. It is time they take a step back and reconsider whether they have made a monumental error.”
A spokesperson from the Countess of Chester Hospital NHS Foundation Trust stated, “Due to the Thirlwall Inquiry and the ongoing police investigations, it would not be appropriate to comment further at this time.”
