NHS trust cleared of corporate manslaughter after death of woman

Independent

4 hours ago

An NHS trust has been cleared of corporate manslaughter after a young woman killed herself in a mental health unit after more than 10 similar attempts at self-harm.
Jurors at the Old Bailey last Wednesday found that North East London NHS Foundation Trust (NELFT) was not responsible for the death of Alice Figueiredo, 22, but had 'failed to ensure the safety of a non-employee', it can now be reported.
On Monday, ward manager Benjamin Aninakwa, 53, of Grays in Essex, was cleared of manslaughter by gross negligence, but was found guilty of failing to take reasonable care for the health and safety of patients on the ward.
Jurors deliberated for 125 hours and 22 minutes to reach their verdicts.
Ms Figueiredo died at Goodmayes Hospital, Redbridge, on July 7 2015, after a failure to remove plastic items from the communal toilets in the Hepworth Ward that had been used in repeated earlier attempts at self-harm.
The jury heard Ms Figueiredo had been a 'bright and gifted' woman, the head girl at her school who had set up a mentoring system to support her peers.
Her family said she was loved for her 'warmth, kindness and joyful character', the court was told.
She was first admitted to the Hepworth Ward in May 2012 with a diagnosis including non-specific eating disorder and bipolar affective disorder, jurors heard.
During her time on the acute psychiatric ward, the trust failed to remove plastic items from the communal toilets or keep them locked, even though she repeatedly used the items to try to kill herself.
She had used plastic from the toilets to self-harm on at least 10 previous occasions.
However, the court heard of eight more incidents involving similar materials before Ms Figueiredo killed herself.
The suicide attempts were recorded in ward notes and other hospital records.
Aninakwa, who was subject to a performance improvement plan, had failed to remove plastic that could be used for self-harm and failed to ensure incidents of self-harm were recorded, considered and addressed, jurors heard.
Aninakwa and the trust had denied wrongdoing but declined to give evidence.
The nurse had denied knowing about all the previous suicide attempts and said what action he took was overruled by management.
It was claimed on his behalf that there was heightened observation to prevent incidents of self harm, which mitigated the fact plastic material was not removed and the communal toilets not locked.
The trust also denied knowledge of the incidents, claiming the ward had not reported them.
The process of removing plastics from the communal toilets was complicated by issues of infection control and preventing staff from being exposed to hazardous material in the bins, such as needles.
The investigation into Ms Figueiredo's death began in 2016 but charges were not brought until September 2023.
The first corporate manslaughter trial against an NHS trust collapsed in 2016 after a judge ruled there was no case to answer.
Maidstone and Tunbridge Wells NHS Trust was accused over the death of schoolteacher Frances Cappuccini, 30, the first prosecution of a health service body since the offence was introduced in 2008.
She went into cardiac arrest and died after an emergency Caesarean section at Tunbridge Wells Hospital in Pembury, Kent, on October 9 2012.
The sentence for corporate manslaughter is a fine of between £180,000 and £20 million depending on the size of the organisation.
Judge Richard Marks KC thanked jurors for their 'immense hard work' and discharged them from jury service for the rest of their lives.
He thanked Ms Figueiredo's parents for their attendance throughout the trial, saying: 'It speaks volumes for both of you, and the immense love you have for Alice.'
'I hope this provides some consolation and some closure,' he added.