No prosecutions over C.diff cases

The Vale of Leven Hospital was the focus of the C.diff outbreak

There are to be no criminal proceedings over a fatal outbreak of Clostridium difficile (C.diff) at a Dunbartonshire hospital in which 18 people died.

In total, 55 patients were infected by the bug at the Vale of Leven Hospital between December 2007 and June 2008.

The Crown Office decided not to pursue any prosecutions following an investigation by the Health and Safety Executive and Strathclyde Police.

The families of those affected by the outbreak have been informed.

C.diff was found to be the primary cause of death in nine patients at the Vale of Leven Hospital and a contributory factor in another nine.

A government-commissioned independent investigation later found there was no clear surveillance system in place, infection control procedures had failed and there were failings in leadership and accountability.

All of us have the right to expect that when someone we love goes into hospital they will be treated in clean and safe conditions Jackie Baillie MSP

NHS Greater Glasgow and Clyde, which runs Vale of Leven, said it had implemented a number of measures to improve procedures in the wake of the case.

In April, following pressure from relatives of those who died in the outbreak, the Scottish Government ordered an independent public inquiry.

The inquiry had been due to be chaired by former High Court judge Lord Coulsfield, but he has now stepped down on health grounds.

A new chairman will be appointed as quickly as possible, Health Secretary Nicola Sturgeon said, and the inquiry is likely to start soon, now that the Crown Office has decided that it will not bring criminal charges.

Ms Sturgeon added: "What happened at the Vale of Leven was a tragedy and it is vital that all possible lessons are learned to prevent it happening again.

"That's what the public inquiry will do and I want it to begin its work as soon as possible. We have already made good progress including establishing an inquiry secretariat."

Michelle Stewart, whose mother-in-law died after contracting C.diff at the Vale of Leven, said she was not surprised by the decision not to bring criminal charges, and pointed out that campaigners had never wanted individual prosecutions.

She said they had always aimed for a full public inquiry, so the lessons could be learned.

'Answers deserved'

Opposition parties reacted to the news that no criminal prosecutions would take place by calling for the public inquiry to proceed as quickly as possible.

Scottish Labour's Jackie Baillie, who is the MSP for Dumbarton, said: "All of us have the right to expect that when someone we love goes into hospital they will be treated in clean and safe conditions.

"We now need the public inquiry to go ahead as quickly as possible so that the families get the answers they deserve."

Liberal Democrat health spokesman Ross Finnie said: "The decision by the Crown Office makes it crucial that every assistance is given in order that the public inquiry into the outbreak at Vale of Leven gets under way as quickly as possible."

Theresa Fyffe, director of nursing union RCN Scotland, said she was pleased by the decision as criminal prosecutions "would not necessarily have found the answers that the families of those who died deserve".

She added: "It is important that the public inquiry into the C.diff outbreak at the Vale of Leven hospital now moves ahead as quickly as possibly.

"Health boards need to ensure that they learn from what happened and implement any changes necessary to try to minimise the chances of such an outbreak in the future."