Nottinghamshire Police have launched a manslaughter investigation into the deaths of babies at Nottingham University Hospitals NHS Trust.
The announcement of the investigation comes just four months after the Trust was fined £1.6m for “avoidable failings” connected to the deaths of three babies in 2021.
This development marks a significant escalation in the ongoing scrutiny of maternity care at the Trust, which has already been under investigation following numerous concerns raised by families and healthcare professionals.
Corporate Manslaughter Investigation Launches
Nottingham University Hospitals NHS Trust (NUH) is at the centre of the largest maternity inquiry in the history of the NHS relating to its maternity services.
Around 2,500 cases of neonatal deaths, stillbirths, and harm to mothers and babies are being examined as part of a major review led by senior midwife, Donna Ockenden.
Now, a corporate manslaughter investigation has been opened relating to the failings which led to hundreds of babies dying or being injured at maternity units in Nottingham.
Detective Superintendent Matthew Croome is part of the investigation team. In a statement given by him on the force’s website, he said corporate manslaughter was a “serious criminal offence”.
He explained:
“The offence relates to circumstances where an organisation has been grossly negligent in the management of its activities, which has then led to a person’s death.
“In such an investigation, we are looking to see if the overall responsibility lies with the organisation rather than specific individuals and my investigation will look to ascertain if there is evidence that the Nottingham University Hospitals NHS Trust has committed this offence.”
What is corporate manslaughter?
Corporate manslaughter refers to a criminal offence where an organisation—such as an NHS Trust—can be held legally responsible for a death caused by serious management failures.
Corporate manslaughter is defined under the Corporate Manslaughter and Corporate Homicide Act 2007. It applies when the way an organisation manages or organises its activities causes a person’s death and amounts to a gross breach of a duty of care owed to that person 1.
Key elements that must be proven:
- Duty of care: The organisation (e.g. an NHS Trust) owed a legal duty to keep the individual safe—such as providing safe and competent medical care.
- Gross breach: There was a serious failure in how the organisation managed or organised its activities, falling far below what could reasonably be expected.
- Senior management involvement: The failure must be linked to decisions or practices by senior management—not just individual staff errors.
- Causation: The breach must have directly caused the death.
What are the consequences?
In cases like the Nottingham maternity scandal, if systemic issues—such as understaffing, ignored safety warnings, or poor leadership—are found to have caused deaths, the Trust could face corporate manslaughter charges.
This is significant because it shifts accountability from individual clinicians to the institutional culture and leadership that allowed unsafe practices to persist.
The potential consequences of a corporate manslaughter finding are:
- Unlimited fines for the organisation
- Remedial orders requiring changes to prevent future harm
- Publicity orders forcing the organisation to publicly acknowledge its failings
Unlike individual manslaughter charges, corporate manslaughter does not result in prison sentences, as it targets the organisation rather than individuals.
Individual accountability or organisational accountability?
Campaigners Dr Jack and Sarah Hawkins, who are the parents of baby Harriet, who was stillborn in 2016 at the Trust, said that the manslaughter investigation was “one piece of the jigsaw towards accountability.”
They added:
“Harriet should be nine years old. Our lives were completely destroyed by the unimaginable and repeated trauma at the hands of NUH. A prosecution for corporate manslaughter will only penalise the trust, not the individuals responsible, many of whom are still working today. We must never lose sight of individual accountability for those who so cruelly stole not just our daughter’s life and voice, but many others.”
In a joint statement, the Trust’s Chair, Nick Carver, and its Chief Executive, Anthony May, said:
“Since joining the board, we have emphasised the importance of openness, transparency, and accountability in our leadership and decision-making. We recognise that there is more to do.
“We are fully committed to the ongoing police investigation and the Independent Review of Maternity Serviced, led by Donna Ockenden.
“We would like to reassure the public that we are determined to improve our maternity services. We know how important the police investigation and independent review are for the affected families, the Trust, and our local communities. We hope that affected families receive the answers they deserve.”
Comment
This investigation is a stark reminder of the critical importance of safe, compassionate, and competent maternity care. While no legal action can undo the pain of losing a child, it can help families find answers—and ensure that lessons are learned to prevent future tragedies.
How can we help?
Danielle Young is a Partner in our Medical Negligence team, which has been ranked in tier one by the independently researched publication, The Legal 500. She specialises in pregnancy and birth injury claims (including cerebral palsy), brain injury claims, fatal claims, surgical error claims, and cauda equina injury claims.
If you have any questions in relation to the subjects discussed in this article, then please get in touch with Danielle or another member of the team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online form.
Contact us