Operation Jasmine (Care Home Abuse)

Wayne David Excerpts

Wednesday 13th March 2013 Westminster Hall

[Wayne David (Caerphilly) (Lab)]

On the issue of an inquiry, does my hon. Friend agree that one of the major problems now is that, because one of the accused is unwell and is deemed unable—at the moment—to go on trial, information cannot be provided for any kind of inquiry because there may be a trial in the future? What is absolutely essential is that we get definitive medical advice on whether or not that accused person is able to stand trial in the near future—yes or no.

[Nick Smith]

My hon. Friend makes a powerful point. We have to take this further, if we can.

--- Later in debate ---

[Mr Harper]

I am not familiar, apart from in general terms, with the specific point that the hon. Gentleman raises. I will draw that to the attention of my hon. Friend with responsibility for care standards. I am sure that the relevant Minister in the Welsh Government will also hear of the hon. Gentleman’s question.

The investigation commenced in 2005, when an elderly resident at Bryngwyn Mountleigh nursing home was admitted to the Royal Gwent hospital, where she then died. Partner agencies brought to Gwent police’s attention significant potential failings at Brithdir nursing home, mentioned by my hon. Friend the Member for Carmarthen West and South Pembrokeshire (Simon Hart). Both homes were owned by Dr Prana Das. Following the investigation into this incident at Bryngwyn, further investigation by Gwent police identified a series of deaths at the home that required further thorough investigation, with the police identifying a further 11 cases where elements of neglectful care may have been linked to the deaths of those residents.

Initial work at Brithdir nursing home identified 23 further cases of concern where allegations of neglect had been investigated. The operation eventually investigated allegations of abuse at two further care homes. Gwent police took this very seriously—I think that that was the general sense of the contributions from Opposition Members—and allocated a dedicated police lawyer and Crown Prosecution Service counsel early on in their investigation. I think that they sensed how significant it was going to be.

As the hon. Member for Blaenau Gwent said, it was a thorough police investigation, involving 75 police officers, more than 4,000 statements, more than 10,000 exhibits and 12.5 tonnes of documentation. The Home Office provided special grant support for the police authority in Gwent, so that the costs of this investigation did not fall entirely on the police authority and cause detriment to wider policing in Gwent. That was right and proper.

There were three convictions against care home staff in 2008 for wilful neglect. The investigation then continued with further charges being sought against the main defendant, which the hon. Gentleman mentioned, for manslaughter by gross negligence or wilful neglect. However, in February 2010 interim advice from CPS was that the cases had not reached the threshold required for criminal prosecution. The investigations were then completed. Further CPS advice to Gwent constabulary in February and June 2011 was that the threshold for manslaughter by gross negligence or wilful neglect had not been met in any of those cases.

I understand that the chief constable, not being satisfied with that advice, met the Director of Public Prosecutions to challenge the advice that he had received. The DPP reiterated the advice that, despite the thorough investigation, the case simply had not reached the threshold for reasonable prosecutions, given the difficulties of proving wilful neglect.

Hon. Members will be aware, from what the hon. Gentleman said, that the case was then taken forward as a joint investigation with the Health and Safety Executive. The decision was taken by the HSE to prosecute Dr Das, his company Puretruce Health Care Ltd and its chief executive, Mr Paul Black, in relation to neglect and fraud at two care homes, Brithdir and The Beeches in Blaenavon. The trial was set for January this year, but on 9 September 2012 Dr Das was badly assaulted in his home in an unrelated incident of aggravated burglary and has remained in hospital ever since, suffering from permanent brain damage. As the hon. Gentleman said, on 1 March Judge Neil Bidder, based on medical evidence that he had received, ordered that all charges relating to Das, Black and the company lie on file. If Dr Das ever recovers from his injuries, which I understand from the medical evidence is unlikely, the trial could continue.

I cannot remember whether the right hon. Member for Oxford East (Mr Smith) or the hon. Member for Caerphilly (Wayne David), who is sitting next to him, mentioned this, but the judge also ruled that Paul Black, the co-defendant, should not stand trial because it was not deemed appropriate to try him alone. I can understand, of course, that the fact the prosecution could not continue leaves families with a real sense that justice has not been done, but given that the judge decided the defendant is not in fit condition to stand trial, it is not obvious that there is an alternative prosecution scenario.

The judge also decided that, in the absence of the primary defendant, Dr Das, the company could not be tried either, because it is not possible for the company to have a fair trial given that the main individual controlling the company is not able to respond. The positive thing is that the charges lie on file, so if Dr Das ever recovers from his injuries, family members may be reassured that the case will continue, although, as I have said, the medical evidence is that that is very unlikely.

One of the questions that underlies what the hon. Member for Blaenau Gwent said is whether something like this could happen again. Important issues arise on whether we have proper arrangements to protect vulnerable adults from those who might seek to abuse and exploit them.

[Wayne David]

I heard what the Minister said about the evidence remaining on the table, as it were, but does he not accept my point that we need some sort of time scale? In theory, the evidence that has been accumulated could remain on the table indefinitely without there ever being an inquiry because it might not allow consent to be given for such an inquiry.

[Mr Harper]

I was just about to come on to the question of an inquiry. The right hon. Member for Torfaen (Paul Murphy) alluded to there being another factor in the case, because, obviously, some of these issues are for the UK Government and some of the issues on health and social care are for the Welsh Government.

If either Government decided that a public inquiry would be the right thing, they would need to think through whether the charges remaining on file were a roadblock and whether, therefore, steps needed to be taken. They would also need to consider the balance in terms of the interests of justice and openness.

At the moment it is important that lessons are learned, and I will set out what I think some of those lessons are. If we are to have a public inquiry, we need to think through the objective of that inquiry and what it is that we would learn that we do not already know. Given the exhaustive nature of the police investigation, and without doing some further thinking, I am not clear whether the answer to that question is that we would learn something from having a public inquiry.

Clearly, if it turned out that the fact the charges are lying on file and are pending is a roadblock, and if either Government wanted to have some sort of public inquiry, we would need to come back to that and the various agencies would need to think about the right solution. Without that being on the table, the fact that the charges are on file means that people can be reassured that there is no sense that someone could get away with it if they were ever in a position to stand trial. The fact is that the evidence is there, the charges are there and it would be possible for a prosecution to proceed if the defendant were ever in a position to be able to stand trial in a way a judge determined to be fair.

I have six minutes left, so I will try to address some of the other issues. As a result of the operation, 42 individuals were referred for consideration under the Care Standards Act 2000, which introduced a duty on care providers to refer care workers who have been dismissed or suspended or otherwise left their employment for misconduct that harmed a vulnerable adult or placed a vulnerable adult at risk of harm to the protection of vulnerable adults scheme. In October 2009, all cases under that scheme were referred to the Independent Safeguarding Authority, which has since been replaced by the new Disclosure and Barring Service. That is a mechanism for ensuring that any care worker who does not perform at the level they should is unable to work with vulnerable children or vulnerable adults in the future.

More widely, the Government are completely committed to protecting vulnerable members of the community. Work is under way, as part of a Department of Health-led, cross-Government effort on safeguarding vulnerable adults, to legislate to put safeguarding adults boards on a stronger statutory footing to ensure that they are better equipped to prevent abuse and to respond when it occurs.

Given the role of the Welsh Government, as the right hon. Member for Torfaen suggested, I have taken the trouble to understand some of the issues they were dealing with. I know they have maintained close contact with Gwent police throughout the police operation, and I know they have taken account of lessons from the operation in developing their own policies and legislation in this area. The Welsh Government have introduced new statutory guidance on managing escalating concerns within care homes. They funded a dignity in care programme to improve practice, and I understand that, later in the year, they will publish a White Paper on the regulation and inspection of social care. The Care and Social Services Inspectorate Wales has also modernised its approach to inspection and regulation to give a stronger voice to care home residents and their families.

Protecting vulnerable adults from abuse is clearly a core part of the police’s safeguarding and public protection responsibilities. The Association of Chief Police Officers recognises the importance of working together with statutory agencies, local authorities and their safeguarding partners.

ACPO has reviewed the overall learning from Winterbourne View, another very serious case in which adults with learning disabilities were treated incredibly badly. The one direct recommendation relating to the police was on the early identification of trends and patterns of abuse, the lessons from which will be disseminated nationally across England and Wales through training and practice.

[Wayne David]

Given that Gwent police has already said it is more than happy to co-operate with the Older People’s Commissioner for Wales on an immediate inquiry, does the Minister agree that that would be a positive step forwards?

[Mr Harper]

I will go away and look at that. From everything they have done, the police come out of this very well. The investigation was very thorough, and everyone seems to think they did the work that was required. The College of Policing has a public protection learning project that brings together a range of public protection disciplines, including adults at risk, and it will consider the training materials used by police forces across England and Wales.

What the hon. Member for Blaenau Gwent said at the end of his remarks is absolutely true. Protecting vulnerable members of our society is an absolute priority. This has been a difficult and disturbing case, and it has been very lengthy for everyone involved. The charges lie on file, and the case has happened.

From what the hon. Gentleman and my hon. Friend the Member for Carmarthen West and South Pembrokeshire have said, it sounds as if some work may be needed to ensure that all the families involved are properly briefed about what happened to each and every one of their relatives so that they fully understand the situation.

I listened carefully to what the hon. Gentleman said about the DPP and the CPS meeting the families, and I will raise that with the DPP through the Attorney-General—I cannot think of any reason why such meetings could not happen—and report back to the hon. Gentleman.

If there are lessons from the case, they clearly need to be learned. It is right that all parties, including the UK Government and the Welsh Government, should consider what they can do. I know the hon. Gentleman and his colleagues will continue to pursue the matter to ensure that whatever lessons can be learned are learned and that we are never here again with a similar case. I hope what I have said has helped the hon. Gentleman in what he has been trying to establish today, and I am sure this will not be the last time he raises the issue either in Westminster Hall or in Parliament more widely.