Assaults on NHS workers to be "treated more seriously" by CPS

05 Mar 10

The NHS Security Management Service (SMS) has welcomed the “positive revisions” to the Sixth Edition of the Code for Crown Prosecutors, which underscores the public interest in prosecuting all those who attack health workers. Brian Sims reports.

By Brian Sims

Issued by the Crown Prosecution Service (CPS), the Code offers guidance to prosecutors on the general principles to be applied when making decisions about prosecutions.

Previously, the Code gave limited specific examples of victims of offences who “served the public” (citing the police, prison officers and nurses).

These examples have now been broadened to specifically include “members of the emergency services” and “a health or social welfare professional” (among others).

More prosecutions, more convictions

Richard Hampton – head of the NHS Security Management Service (NHS SMS) – told SMT Online: “This amendment effectively signals to prosecutors across England and Wales that an offence against anybody providing NHS services, including ambulance workers, is to be viewed with particular concern. In time, this will lead to more prosecutions of offences against NHS staff and, in turn, more convictions.”

The NHS SMS – a division of the NHS Business Services Authority (NHSBSA) – was established in 2003 to handle policy and operational guidance relating to the management of security within the NHS in England. It strives to ensure permanent improvements are made to provide the best protection possible for NHS staff and property.

With regard to mentally disordered offenders, whose state of health can already be taken into account in their favour, new regard is given to safeguarding “those providing care services to such persons”.

Pressing for reports on all assaults

Hampton continued: “Again, this is good news for NHS workers, especially those in mental health and learning disability settings who suffer most of the reported assaults.”

In conclusion, Hampton explained: “The NHS Security Management Service continues to encourage NHS bodies to report all assaults against their staff, and to press for prosecution.”

Hampton believes the new Code bolsters the actions of his Legal Protection Unit, which works with the police service and the CPS to increase the prosecution rate of those who assault people employed in the NHS.

“It’s pleasing to see that our extensive input to the consultations on the new Code appears to have been taken on board,” stated Hampton.

Physical assaults on staff: the statistics

In 2008-2009, there were 54,758 reported physical assaults against NHS staff in England. This is a reduction of 1,235 compared to the previous year. There were 941 criminal sanctions in cases of assault, compared to 992 in 2007-2008.

In April 2004, the NHS SMS developed a national syllabus for conflict resolution training aimed at all frontline NHS staff. This training gives staff the skills to recognise and defuse potentially violent situations. Figures show that more than 428,000 staff have been trained to date.

Local Security Management Specialists (LSMS) are in place in 90% of health bodies around England to investigate security breaches, along with the police, and implement new systems to better protect NHS staff and property.

All reported incidents of violence against staff are reported to the LSMS as well as the police. They receive professional training in areas such as witness interviewing and a background in law, and are supported nationally by the NHS SMS.

To read the NHS SMS response to the consultation click the dedicated link on the right hand panel of this page

Midlands serial fraudster avoids prison

A GP practice manager, who was jailed only two years ago for stealing £38,000 from her employers in Shropshire, was sentenced today to 150 hours of unpaid work for failing to declare her criminal convictions when she landed a new job in Balsall Heath.

The judge at Birmingham Crown Court described her as “fundamentally dishonest” and warned that if she offended again she would go to prison for a long time.

Brenda Ward, 55, of Albrighton in Shropshire pleaded guilty to charges under the Fraud Act of failing to disclose information following an investigation by the NHS Counter Fraud Service and West Midlands Police.

In her job application, Ward stated she had no criminal convictions, and earned nearly £13,000 before her past caught up with her.

Ward’s first conviction was for a £110,000 fraud in 1992, committed while she worked for the National Farmers Union.

False represantation and non-declaration

In February 2008, Ward was sentenced to 20 months’ imprisonment for the Shropshire GP practice theft. Then, in June 2009 at Birmingham Crown Court, she was given a suspended 36-week prison sentence for false representation, for non-declaration of her criminal convictions when she applied for the position of practice manager at a Sutton Coldfield GP Practice.

At the time of that sentencing – and unknown to the Court – Ward was already working as a GP practice manager at First Care Practice, Cannon Hill Road in Balsall Heath, Birmingham. To explain her day’s absence to her new employers when she was arrested for this offence, she said she’d gone to her doctor for a blood test and fainted.

On 2 October 2009, Ward was suspended after First Care learned of her criminal record, and she was dismissed a week later for gross misconduct when it emerged she had told the same lies to them.

Ward had deceived both the practice and the employment agency – HR GO – that introduced her.

Integrity from those in positions of trust

Malcolm Taylor – the West Midlands operational fraud manager at the NHS Counter Fraud Service – commented: “Lying about criminal convictions on job applications is very serious. Members of the public rightly expect integrity from someone in a position of such trust. Any suspicions of fraud reported to the NHS Counter Fraud Service are thoroughly investigated and, wherever appropriate, we will press for prosecution.”

The NHS Counter Fraud Service (NHS CFS) – a service of the NHS Business Services Authority (NHSBSA) – was established to tackle fraud and corruption throughout the NHS and Department of Health whether it involves professionals, staff, patients or contractors. It aims to create a lasting anti-fraud culture.

Around 300 professionally-trained and accredited Local Counter Fraud Specialists are in place covering every health body in England and Wales.

The NHS Counter Fraud Service has a network of teams who deal with complex, high value and cross boundary NHS frauds. The potential NHS savings from completed NHS Counter fraud Service investigations for 2008-2009 is £9,946,030.

In 2008-2009, the NHS CFS successfully prosecuted 69 criminal cases with a 96% success rate.