Care Quality Commission v Tees, Esk and Wear Valleys NHS Foundation Trust

Published: 12 March 2024 Page last updated: 25 March 2024
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Tees, Esk and Wear Valleys NHS Foundation Trust has today (Monday 11 March) been found not guilty in a criminal prosecution brought by the Care Quality Commission (CQC), at Teesside Magistrates’ Court over the death of Emily Moore who was using one of their services.

The trust was found not guilty to one offence of failing to provide safe care and treatment contrary to Regulations 12 and 22 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 at one of their facilities, Lanchester Road Hospital.   

Emily Moore had been under the care of community child and adolescent mental health services (CAMHS) since February 2017, until shortly before her death in February 2020.

In February 2020 Emily died following an incident, whilst she was a resident on the Tunstall Ward at Lanchester Road Hospital.

CQC brought the prosecution as it believed Tees, Esk and Wear Valleys NHS Foundation Trust had exposed Emily to a significant risk of avoidable harm, however, following consideration of expert evidence during the trial, the judge was satisfied that this was not the case.

CQC is also prosecuting the trust in relation to the deaths of two other people, while they were receiving care from Tees, Esk and Wear Valleys NHS Foundation Trust. The trust has pleaded guilty to these two charges and a sentencing hearing is due to take place at Teesside Magistrates’ Court on Friday 19 April 2024.

Ann Ford, CQC’s director of operations in the north, said:

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

“If we find people are at risk of harm, we won’t hesitate to take action in line with our enforcement powers to keep people safe.” 

CQC is unable to release any further information until all legal proceedings against the trust have concluded.

About the Care Quality Commission

The Care Quality Commission (CQC) is the independent regulator of health and social care in England.

We make sure health and social care services provide people with safe, effective, compassionate, high-quality care and we encourage care services to improve.

We monitor, inspect and regulate services to make sure they meet fundamental standards of quality and safety and we publish what we find to help people choose care.