R v Dudley NHS Trust sentencing remarks
| Jurisdiction | England & Wales |
| Judgment Date | 19 November 2021 |
| Court | Magistrates' Court |
SENTENCING REMARKS OF DISTRICT JUDGE WILKINSON
IN MATTER OF REGINA V DUDLEY NHS TRUST
18th and 19th NOVEMBER 2021
WOLVERH!MPTON M!GISTR!TES’ COURT
At the outset of these sentencing remarks I wish to say that the Magistrates’ Court is not a
Court of record in the sense that transcripts are not usually available as our proceedings are
not recorded. I was asked yesterday by Mr Bridge on behalf of the CQC as to whether I would
produce a written judgment. I had already determined, in fact, that it was the right thing to
do in this particular case. The families will undoubtedly wish to consider in detail how I
reach my sentence as may members of the press and public and given the importance of this
process when dealing with such a tragic case it is important that there is an accurate record
for all who wish to view it. I can only apologise for any grammatical or spelling mistakes that
exist. A copy of these remarks will therefore be available through this Court and published on
the judiciary.uk website.
This prosecution is brought by the Care Quality Commission (CQC) against the Dudley
Group NHS Trust (The Trust). The CQC has been represented throughout by counsel Mr Ian
Bridge and the Trust by counsel Mr Paul Spencer.
The two charges before the Court are contrary to Regulations 12 and 22 of the Health and
Social Care Act 2008 (Regulated Activities) Regulations 2014 (The Act)
The charges are summary only and can only be dealt with in a Magistrates’ Court by a duly
authorised District Judge. They are punishable by way of an unlimited fine.
Each charge concerns a tragic death resulting from breaches of the Act at Russell’s Hall
Hospital in Dudley.
Natalie Billingham was only 33 years of age when she died on the 2nd March 2018.
Kaysie- Jane Bland was just 14 years old when she died on 10th March 2018.
I am grateful to the families who have kindly allowed me to refer to their two loved ones by
their first names throughout my sentencing remarks.
The Trust has entered guilty pleas to both offences.
In the case of Natalie, they accept that the level of care provided was not sufficient to
discharge its duties under the Act. A basis of plea was presented to the Court after expert
consideration of the circumstances leading to Natalie’s death by Dr Ebrahim on behalf of the
Trust and Professor Nutbeam on behalf of the CQC. That basis accepted that whilst there
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