JusticeforLB HSE
@JusticeforLBHSE
Followers
210
Following
0
Media
6
Statuses
495
Live tweets from sentencing hearing @Southern_NHSFT in @H_S_E prosecution. To be heard by Mr Justice Stuart-Smith on 19/20 March 2018
Oxford Crown Court
Joined July 2017
Family statement on the prosecution and sentencing of @southern_nhsft by the @h_s_e
https://t.co/7fjW4kRXUq
#JusticeforLB
32
313
283
That's us done in court. We'll tweet family statement in due course #JusticeforLB
7
9
45
Hannah Taylor for @Southern_NHSFT: TJ and LB's death were avoidable, entirely preventable and should never have occurred; @NickBroughton4 has asked me to acknowledge and emphasise the failings, there should be no doubt Southern Health accepts full accountability
1
51
42
Judge: In TJ case the fine is £950,000 and in LB case will be £1million 500 thousand Judge has two months to pay
0
19
6
Judge: Aggregate fine to be paid by @Southern_NHSFT is one of £2million
1
21
6
Judge: before announcing my final decision I wish to pay tribute to families who have sat through this Judge asks @Nickbroughton4 to stand to accept sentencing
2
17
23
Judge: it's not unreasonable to see them as single course of failure by management; therefore aggregate fine of less than 3.5million Judge discusses consideration of public sector challenges
0
0
1
Judge: Guideline requires consider totality; currently fines of 2.5million after full reduction for plea Must consider whether proportionate; seriousness in charge in LB case is related to same systemic failures in TJ's case
1
2
1
Judge: Full credit of one third for early plea, reduces at this stage to £1,333,00
0
0
0
Judge: Step 4 other factors... Trust's evidence does not demonstrate particular services would be impacted on, will revisit under totality once fines imposed are merged
1
0
0
Judge: concern arises from Trust financial constraints; every £ will be £ less for clinical care going forward
2
0
0
Judge: While I once again refer to the intransigence faced by families in early days, current conduct is substantial mitigation Indicate at this stage a fine of £2million; step 3 check whether proportionate
1
3
1
Judge: have already taken into account trusts failure to respond to wake up calls; starting point of £2.4 million Lack of any surplus funds despite robust financial management should moderate courts approach; vulnerability of trusts patients is feature that runs throughout
1
2
1
Judge: I must consider moving up within Harm Category 1, I consider the offence requires it to be moved up. I repeat financial background, fact trust breaches most likely to affect vulnerable patients is again aggravating factor
1
1
0
Judge: Accept LB's death is category one, as in TJ's case was lethal harm, can not assess how many patients exposed to same degree of harm as Connor
1
6
3
Judge: Step 6 I give full 1/3 discount for trusts early plea, leading to a figure of £1,150,000 for TJ - will return after considering LB's case
0
2
0
Judge: in my judgement it would be appropriate to revisit in totality when other factors known The Trust admits its now a very different organisation and now takes its health and safety seriously; I accept that but have already taken it into account under Step 2
1
0
1
Judge details the mitigating factors: trust evidence does not demonstrate that clinical services will be affected by a substantial fine; I am aware that others have applied substantial discounts e.g. 50%
1
0
0
Judge: Such a fine will not put trust out of business, I'm satisfied a fine of order indicated wld satisfy guideline. Fine should normally be substantially reduced if organisation can demonstrate will have impact on its services
1
0
2