Staff at the hospital where Lucy Letby worked could face criminal prosecution for alleged ‘gross negligence’, police confirmed on Thursday night.
The former neonatal nurse, 35, is serving fifteen whole life terms in prison after being found guilty of murdering seven babies and attempting to murder a further six while working at the Countess of Chester hospital between June 2015 and June 2016.
Cheshire Police launched a separate investigation into corporate manslaughter following the conclusion of Letby’s first murder trial in October 2023.
Senior Investigating Officer Detective Superintendent Paul Hughes has now confirmed the investigation has now been upgraded to include potential offences of gross negligence manslaughter.
Here, The i Paper looks at what police are investigating and what it means for Letby’s convictions.
According to UK law, the offence of gross negligence manslaughter is committed when a death occurs due to the grossly negligent “act or omission” on the part of an individual.
The offence carries a maximum sentence of life in prison.
Lucy Letby is arrested by Cheshire Constabulary (Photo: Cheshire Constabulary/PA)Prosecutions are extremely rare, and the definition of what amounts to gross negligence has evolved following a number of landmark cases considered by the courts over the past 30 years.
The most recent summary given by judges in 2016 said the “critical ingredients” of the offence are a “breach of an existing duty of care” where it was “reasonably foreseeable” that this could lead to “a serious and obvious risk of death” .
It adds that the “conduct of the defendant” must be “so bad in all the circumstances as to amount to a criminal act or omission.”
Who can be prosecuted?
Cheshire Police said their initial corporate manslaughter investigation at the Countess of Chester hospital focused on “senior leadership and their decision making to determine whether any criminality has taken place concerning the response to the increased levels of fatalities.”
A corporate manslaughter prosecution would mean the hospital trust being taken to court rather than any individuals, where the sentence would be an unlimited fine.
Last month, Nottingham University Hospitals NHS Trust was ordered to pay £1.6m in fines after pleading guilty to offences of failing to provide safe care to three babies and their mothers in a prosecution brought by the Care Quality Commission (CQC).
However, DS Hughes says the Cheshire Police investigation has now widened to the offence which focuses on the “grossly negligent action or inaction of individuals.”
He said all those who are being considered suspects have been notified, but that the force would not be identifying them publicly as no arrests or charges have yet been made.
According to Crown Prosecution Service guidance, the offence can be committed by “any healthcare professional.”
Chair of the independent inquiry Senior appeal court judge Kate Thirlwall (Photo: Peter Byrne / POOL / AFP)Cheshire Police have emphasised in their update this development has no impact on Lucy Letby’s convictions.
Letby’s most recent attempt to challenge her convictions was rejected in October last year by the Court of Appeal.
This was in relation to the attempted murder of a child known as Baby K.
Letby’s legal team argued her trial had been unfairly prejudiced by media coverage and public comment by police, but three High Court judges dismissed the appeal.
Letby has since instructed a new lawyer, Mark McDonald who claims to have collected a range of new evidence from experts that proves her innocence.
He has asked the miscarriages of justice watchdog, the Criminal Case Review Commission (CCRC), to put her case back before the Court of Appeal.
The Countess of Chester Hospital (Photo: Jacob King/PA Wire)The CCRC said in February it has received a “preliminary application” from Mr McDonald and that it expects to receive “further submissions” in due course.
A spokesperson added: “At this stage it is not possible to determine how long it will take to review this application.”
Public inquiry due to conclude
In the background to all this, a public inquiry into the crimes of Lucy Letby is due to hear closing arguments on Monday.
Lady Justice Thirlwall has spent months hearing evidence about whether more could have been done to prevent Letby harming babies during sessions at Liverpool Town Hall.
At the outset of the inquiry she condemned those who have questioned the validity of Letby’s convictions adding: “All of this noise has caused enormous additional distress to the families who have already suffered far too much.”
Justice Thirlwall has said she intends to publish a report with her findings by the end of the year.
However, critics have called for it to be paused due to the new evidence gathered by Letby’s legal team.
Mr McDonald said: “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 which completely demolishes the prosecution case against Lucy Letby and points the finger in a very different direction to that which the police are currently looking.
“It is time they take a step back and ask themselves whether have they made a huge mistake.”
A spokesperson at the Countess of Chester Hospital NHS Foundation Trust said: “Due to the Thirlwall Inquiry and the ongoing police investigations, it would not be appropriate to comment further at this time.”
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