Wilful neglect and health care

Abstract

Purpose – The purpose of this paper is to consider the criminal offence of wilful neglect in the context of hospital health care in England. Design/methodology/approach – Summarise the evidence of neglectful care in hospitals and analyse the ingredients and application of the offence of wilful neglect. Findings – Neglect is ongoing and systemic in the hospitals and the offence of wilful neglect seems to be ineffective as either a punitive or deterrent measure. Practical implications – There is a mismatch between the extent of systemic, reckless neglect in the hospitals and the application of the criminal offence of wilful neglect. The answer, if any, might be: widening of the offence to anybody who is wilfully neglected (not just those mentally disordered or mentally incapacitated people), a new offence of corporate neglect, the holding of reckless leaders to account, and a reinvigorated Care Quality Commission and Health and Safety Executive. Originality/value – The author is unaware that such a review of this area of law, applied to health care, has been undertaken.