Care Quality Commission's (CQC) statement in response to the sentencing of Basildon and Thurrock University Hospitals NHS Foundation Trust, in relation to the death of Kyle Flack

8 June 2010

Basildon and Thurrock University Hospitals NHS Foundation Trust has been sentenced and fined £50,000, plus £40,000 in costs, for not providing appropriate care to Kyle Flack.

A CQC spokesperson said: “The death of Kyle Flack was a tragedy. It is clear that Kyle did not receive care appropriate for his needs, and this should never be allowed to happen again.

“Together with the Health and Safety Executive (HSE), we have been looking extremely closely at the quality of care for people with learning disabilities at the trust to check that the lessons have been learned.

“On our visits, we found some progress to improve the care of people with a learning disability, but more is needed. The trust must improve staff training; communication with patients; and the way it assesses and manages safety risks.

“We have also imposed strict conditions on the trust’s registration, requiring a range of improvements across the whole trust.

“We will continually monitor and follow up with the trust to ensure it addresses both these conditions and our concerns around quality of care for people with learning disabilities. We will consider taking further enforcement action if improvements are not made.”

CQC has carried out recent inspections to assess the trust’s progress in addressing the conditions placed on its registration. CQC will report on its findings in due course.

Ends

Further information please contact the CQC press office on 0207 448 9401

Notes to editors

All NHS trusts in England must be registered with CQC by law to provide care. To be registered, trusts must show they meet new essential standards of quality and safety.

On 1 April 2010, CQC imposed conditions on Basildon and Thurrock University Hospital NHS Trust’s registration requiring improvements to ensure the quality and safety of care.

CQC found the trust was not meeting four standards relating to care and welfare of patients, staffing, supporting workers, and safety and suitability of premises. Five conditions were imposed. CQC said the trust must take urgent action to ensure:

• all in-patients have an assessment of their needs, and that a care plan and risk assessment are prepared
• premises are safe from legionellas by taking action set out by the Health and Safety Executive
• an action plan must be in place to address concerns arising from the Nursing and Midwifery Council’s review, published in March 2010
• clinical staff are assessed and trained to implement NICE guidance on the care of acutely ill patients in hospital
• systems for supervision and appraisal of staff are in place.

Under the new registration system, CQC has tough enforcement powers, including warning notices, fines, prosecution, restrictions on activities or in extreme cases, closure.