Criminal Liability of Care Providers for Neglect and Ill-Treatment

This paper analyzes the criminal liability of care providers for neglect and ill-treatment of patients under the Criminal Justice and Courts Act 2015. It examines the case of Connie and her responsibility for the deaths of Ozzie and Henry due to willful neglect. The paper also discusses the legal provisions and precedents related to the offence of ill-treatment and wilful neglect.

Running head: CRIMINAL LAW
Criminal Law
Name of the Student
Name of the University
Author Note

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Table of Contents
Introduction....................................................................................................................................2
Connie and Henry.........................................................................................................................2
Connie and Ozzie..........................................................................................................................5
Conclusion......................................................................................................................................7

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Introduction
The public investigation initiated by Sir Robert Francis QC into the matter of the
Mid-Staffordshire NHS Foundation Trust gave the government the opportunity to enact
the Criminal Justice and Courts Act 2015 that makes the people liable who willfully
neglect the unwell under their supervision1. The people who are solely depending
upon such care-worker or care-provider deserves the care and attention they need from
such care worker or provider. It is their obligation to take utmost care of the patients
depending upon their help. The Mental Health Act 1983 covers the offences relating to
the wilful neglect or ill-treatment of the patients who are suffering from mental disorder2.
While the Mental Capacity Act 2005 covers the ones who does not have the mental
capacity to take care of themselves3. There was no statute that covered offences
pertaining to the unwell who have full capacity until the initiative taken by Sir Robert
Francis. This paper strives to determine the criminal liability of Connie for murdering
Ozzie and Henry by way of willfully neglecting them.
Connie and Henry
The Criminal Justice and Courts Act 2015 was enacted to mend this loophole
of the legal scenario of the country that covers offences relating to the ill people who are
neglected by their care providers4.The accusation of ‘ill-treatment’ and ‘wilful neglect’
1 'Ill-Treatment Or Wilful Neglect - Sections 20 To 25 Of The Criminal Justice And Courts Act 2015 | The Crown
Prosecution Service' (Cps.gov.uk, 2018) <https://www.cps.gov.uk/legal-guidance/ill-treatment-or-wilful-neglect-
sections-20-25-criminal-justice-and-courts-act-2015> accessed 7 November 2018.
2 Mental Health Act 1983, s.127
3 Mental Capacity Act 2005, s.44
4 Mandelstam, Michael. "Wilful neglect and health care." The Journal of Adult Protection 16.6 (2014): 342-354.

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needs to be proved by the party accusing the other. However, these phrases are not
defined in the Criminal Justice and Courts Act 2015, thus they are lacking the definite
meaning under law, yet there are established precedents that support the provision.
Wilful neglect
In the case of R v. Sheppard, the court was of the view that the word ‘wilful’
primarily means deliberate5. Thus, when someone deliberately ignores or avoids calling
a doctor for a person who he knows require immediate medical attention, amounts to
wilful neglect. Similarly, when a person does not provide medical assistance to a needy
for he does not care about his well-being, can be considered a reckless and guilty of
wilful neglect. In the case of R v Turbill and Broadway, applying the notion of wilful
neglect as discussed in the Sheppard case, the court held that wilfully means
purposefully or deliberately abstaining from caring or taking a necessary action towards
a patient who need help.
Under the Criminal Justice and Courts Act 2015, offences arise when a care
provider wilfully neglects a patient are dealt under section 21 of the Act.
In the given case, Connie would be liable with criminal liability and would be held
as an offender. Connie had the responsibility to provide care to Ozzie and Henry for
they were severely affected by an infectious disease. Even though the patients were not
thankful toward Connie’s care, she had a liability to make sure that she or at least some
other person took care of them. However, she chose to ignore her duty completely after
a point of time. She abandoned the patients who were unable to take care of
5 R v Sheppard [1981] A.C. 394

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themselves and did not even arrange for a substitute help who could have taken care of
them. In addition, on returning she covered their motionless bodies with the bedding,
believing them to be dead, which apparently was not true. Henry died of suffocation
from the covering. This makes Connie liable for murdering Henry by breaching the
provisions of Criminal Justice and Courts Act, 2015 and for wrongfully suffocating
Henry to death.
A care-provider includes a body corporate that provides health care to children
and adult, or an individual who is under responsibility to care for a patient. Infringement
of section 21 attracts penalty in the form of remedial and publicity order6. Section 21
covers for the offences that are effected by the care provider who ill-treats or wilfully
neglects the patients who they are responsible to care for. The offence under section 21
has three essential elements:
 The ulterior offence that proves that the care provider has ill-treated or wilfully
neglected the person dependent on him,
 The breach of duty which proves that the care provider has not carried out his
duty to care, and
 The damage that is done to such patient due to such ulterior offence and the
breach of duty.
It needs to be proved to the court that the above-mentioned elements were
present in the offence that has affected the patients, as otherwise it would not have not
been the same.
6 'Criminal Justice And Courts Act 2015' (Legislation.gov.uk, 2018)
<https://www.legislation.gov.uk/ukpga/2015/2/part/1/crossheading/offences-involving-illtreatment-or-wilful-
neglect> accessed 7 November 2018.

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Connie and Ozzie
Under the Criminal Justice and Courts Act 2015, offences arise when a care
worker ill-treats a patient under section 20 of the Act.
Ill-treatment
The court held in the case of R v. Newington that it is required to prove that:
 the offender had mens rea (guilty mind) while he was being reckless towards the
patient or was ill-treating without giving it a thought that such ill-treatment might
affect the patient; and
 Deliberate conduct of the offender, which damages or threaten to damage the
health of the patient7.
The court rejects the submission of cases that attracts both provision of ill-
treatment and wilful neglect in the same matter and suggests that both part of the
offence would be taken into account in the same count as they are to be treated
differently.
This applies to the formal healthcare units, formal social care homes,
individuals and organisations meant to provide for health and social care services
serving the unwell adults and children. Section 20 of the Act holds it as an offence
when an individual who is paid to provide care to another, ill-treats or wilfully
neglects to do so8. This includes an individual who is paid to provide social care or
7 R v Newington (91 Cr.App.R. 247, CA.)
8 'Criminal Justice And Courts Act 2015' (Legislation.gov.uk, 2018)
<https://www.legislation.gov.uk/ukpga/2015/2/part/1/crossheading/offences-involving-illtreatment-or-wilful-
neglect> accessed 7 November 2018.

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health care to an adult or child (except certain health cares). It also includes the ones on
the front line of the facility units who share the equal responsibility to make sure that the
patients are receiving the care they need. Contravention of section 20 is a punishable
offence, which makes the offender to serve an imprisonment up to 5 years or conviction
up to 12 months.
In this case, Connie’s negligence led to Ozzie’s death as she was in charge of
taking care of Ozzie as a flat mate. If Connie had not left Ozzie unattended, the infection
might not have taken a serious shape leading to death. At last when taken to the
hospital, Ozzie died of incorrect medication and treatment prescribed there. This clearly
makes Connie liable for the death of Ozzie who could have lived if she had not wilfully
chosen to neglect her. In addition, the hospital could be made liable for the prescribing
wrong medication and treatment to Ozzie, which violates section 20 of the act. This
attracts the non-compliance of section 20 of the Criminal Justice and Courts Act,
2015, which makes Connie liable for wilfully neglecting Ozzie, and the hospital ill-
treating Ozzie, resulting to death. Connie bears the responsibility of a care-provider
and the hospital being the care worker under the Act as she was the one who shared
a house with the patients and she had complete knowledge about the medical condition
of the two of them. While the hospital had the responsibility of providing correct
treatment to the patient. Thus, this makes both of them liable for their death and attracts
criminal liability as well. Recently, vulnerable adults were found dead at Purbeck
Care Home in Wareham where the staff are being alleged to have ill-treated the
patients9.
9 'Report Highlights Care Home Abuse' (BBC News, 2018) <https://www.bbc.com/news/uk-england-dorset-
31417084> accessed 9 November 2018.

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Conclusion
Therefore, by analyzing the given case study and the provisions of the concerned
Statute, it can be concluded that Connie would be held responsible for murdering Henry
and Ozzie under the criminal law and would be penalized either with a remedial or
publicity order.

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Bibliography
'Criminal Justice And Courts Act 2015' (Legislation.gov.uk, 2018)
<https://www.legislation.gov.uk/ukpga/2015/2/part/1/crossheading/offences-involving-
illtreatment-or-wilful-neglect> accessed 7 November 2018
'Ill-Treatment Or Wilful Neglect - Sections 20 To 25 Of The Criminal Justice And Courts
Act 2015 | The Crown Prosecution Service' (Cps.gov.uk, 2018)
<https://www.cps.gov.uk/legal-guidance/ill-treatment-or-wilful-neglect-sections-20-25-
criminal-justice-and-courts-act-2015> accessed 7 November 2018
Mandelstam, Michael. "Wilful neglect and health care." The Journal of Adult Protection
16.6 (2014): 342-354.
Mental Capacity Act 2005
Mental Health Act 1983
R v Newington (91 Cr.App.R. 247, CA.)
R v Sheppard [1981] A.C. 394
R v Turbill and Broadway [2014] 1 Cr.App.R. 7
'Report Highlights Care Home Abuse' (BBC News, 2018)
<https://www.bbc.com/news/uk-england-dorset-31417084> accessed 9 November 2018

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