Trust cleared of care failing over teenager's death

A judge said there was "overwhelming evidence" that a mental health trust provided safe care to Emily Moore before she took her own life

A mental health trust has been cleared of failing to provide safe care for a patient who took her own life.

Emily Moore from Shildon, County Durham, died at Lanchester Road Hospital in Durham in February 2020 days after her 18th birthday.

Tees, Esk and Wear Valleys NHS Foundation Trust was accused of breaching the Health and Social Care Act by the Care Quality Commission (CQC) which it denied.

The trust was found not guilty at Teesside Magistrates' Court with Judge Marie Mallon saying there had been "overwhelming evidence that the trust provided safe care" to Miss Moore.

'Keep fighting'

During the hearing, the trust said its care for the teenager was "safe and reasonable" and nursing staff had provided a "good level of care".

The court had heard Miss Moore had a history of self-harm and was admitted to the hospital at short notice because there was a lack of other suitable community facilities.

Speaking outside of the court David Moore, Emily's father, said: "We just don't agree with what was said in there.

"I think justice hasn't been served in Emily's case."

Mr Moore said: "Emily is on our mind every single minute of the day. We wake up and think of Emily. We go to bed, we think of Emily.

"We will keep fighting and keep protesting."

He added: "We will accept the decision. We don't agree with it."

'Disappointing'

Ann Ford, CQC’s director of operations in the north, said the outcome of the case was "disappointing."

"This is a tragic case, and my thoughts are with Emily’s family who are grieving for their loss," she added.

“We are very disappointed with this outcome, however I hope this prosecution reminds other health and social care organisations they must provide care and treatment in a safe way that meets people’s needs.

'Prosecution unwarranted'

Trust chief executive Brent Kilmurray said he was "deeply sorry" for Miss Moore's family and friends.

He said the trust "acknowledged and apologised for unacceptable failings" in Miss Moore's care while she was at West Lane Hospital in Middlesbrough but the CQC prosecution related to a different mental health hospital.

"During the trial we heard from independent expert witnesses who said that her care [at Lanchester Road] was safe, appropriate and compassionate, and we don’t believe this warranted a prosecution by the CQC," Mr Kilmurray said.

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