Criminal investigations into the offences of Corporate Manslaughter and Gross Negligence Manslaughter in the healthcare arena are on the rise. We are able to support your organisation in responding to investigations by enforcement agencies and taking proactive steps to ensure that it is best placed to either prevent them from proceeding or mitigating their impact.
Often these investigations are conducted in conjunction with other parallel process, such as:
- Civil negligence claims;
- Health and Safety Executive investigations/enforcement action/prosecutions;
- Care Quality Commission investigations/enforcement action/prosecutions;
- Disciplinary investigations.
Professional regulator investigations. The regulatory and governance frameworks involved are complex and nuanced. We understand the tensions between the different processes and are well-placed as a trusted advisor to support on all areas of interface and interaction. We recognise that the various agencies work together when there is a significant incident which requires investigation and can support the organisation to balance the risks to staff and the organisation of the conflicting evidential burdens.
We are confident that when we need to contact you, you will always be able to assist us. We always feel that we are in "safe hands.
We can advise and support at all stages of the investigations:
- Initial crisis and incident management;
- Early engagement and interaction with the various agencies;
- Managing disclosures;
- Balancing the competing duties and responsibilities;
- Compliance with the statutory and contractual duties of candour whilst maintaining duties of confidentiality;
- Monitoring investigations;
- Gathering and analysing evidence;
- Briefings – within the organisation, to commissioners, regulators and the wider public;
- Advising on action plans and responses;
- Managing media and public interest;
- Supporting through witness interviews and interviews under caution;
- Advice and representation in any prosecutions.
We recognise that organisations often have a window of opportunity to undertake a thorough analysis of the situation and documentation that it has, without the pressure from any of the enforcement agencies. We are able to facilitate the organisation in capitalising on this opportunity; gathering all of the relevant information and documentation to enable a comprehensive and holistic review of the risks.
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