DPP apologises for his department’s handling of case where 10 year-old died of criminal medical negligence

Martin Shipton 

The Director of Public Prosecutions has apologised for the way his department dealt with complaints about its handling of a tragic case in which a 10-year-old boy died as a result of criminal medical negligence.

Robbie Powell, of Ystradgynlais, Powys, died in 1990 of Addison’s disease, a rare illness that stops the adrenal glands pumping vital hormones. Doctors did not act on a suspicion that he had the condition and he did not receive the treatment that would have saved his life.

Six years later the NHS accepted that negligence had occurred at Morriston Hospital, Swansea.

Police inquiry

An initial police inquiry said there was no evidence to justify criminal proceedings against doctors they coincidentally employed as police surgeons, but, after pressure from Robbie’s father William Powell, a reinvestigation of the case by a senior detective from West Midlands Police resulted in a recommendation that 35 possible charges should be brought against five named doctors and a secretary.

Evidence had emerged of documents being tampered with, and a secretary confirmed during the inquiry that she had been asked to type a backdated medical referral note which gave a falsely positive impression of the care Robbie received.

In 2003 the Crown Prosecution Service agreed there was evidence that various doctors had been negligent or grossly negligent and/or involved in forgery and perversion of the course of justice. Yet it concluded that none of them should be prosecuted because too much time had elapsed and that the police had effectively given them immunity from prosecution.

Campaign for justice

More than 20 years later, William Powell continues to campaign for justice for Robbie. His latest engagement has been with the CPS’s Independent Assessor of Complaints (IAC), Moi Ali, who in October concluded an investigation into the CPS’s handling of the matter.

Ms Alis’s investigation report referred to an earlier review of the case undertaken by a previous Director of Public Prosecutions. In a letter to Mr Powell she stated: “[The review] found some very serious failings on the part of the CPS. It is therefore right that the most senior person within the CPS accepts responsibility for the findings and writes to apologise. I can understand why this is important for you and I believe it is the correct remedy. I therefore make this as a formal recommendation. I think that is the right thing to do, and I really hope that it can bring you and your family some comfort. I have liaised with the DPP’s Private Office, and it has been agreed that you will receive a response to this recommendation from the DPP within 20 working days of the date of this letter. I will be sent a copy, and I will consider whether the recommendation has been met.

“I also believe that you deserve not only an apology, but an explanation of why this Review took so long …. However the explanation is provided, I believe that you deserve to know why the review took years to conclude. I therefore make this as a formal recommendation.

“ … While I hope that the above recommendations will be accepted by the CPS, I do not expect that they will close this matter for you. You have clearly been wronged and let down by so many organisations and professionals in whom you should have been able to place your trust – family and hospital doctors, the police, and the CPS amongst them.

“ I do not underestimate the toll that this has taken on you personally, and on other family members. To have one of the most painful experiences in life, the death of a child, exacerbated both by the fact that it was apparently preventable, and by the failures that followed thereafter in holding to account those who contributed to it, and who sought to evade justice, I cannot begin to know where you found the strength to keep going.”

‘Saddened’

In a letter to Mr Powell, DPP Stepher Parkinson wrote: “I am deeply saddened by the long, unfortunate, and traumatic history of this case. The report has made it necessary to bring myself up to date with this case, and like all who learn about the circumstances of Robbie’s death I am profoundly sorry to hear about your loss, the heartbreaking circumstances of his death, and the immense challenges you and your family have faced over the years.

“Despite these overwhelming challenges and trauma, you have shown remarkable steadfastness and righteousness in your pursuit of justice for him.

“I fully accept the CPS’s responsibility for the findings of the Review and offer my heartfelt apology for the way this matter was handled. You should have heard the outcome of the Review from a DPP. Furthermore, during the Review process it is my view that the CPS should have been more transparent about timescales and the challenges faced, and we should have been clearer and honest about how complaints would be handled, how the IAC could be involved, and the extent to which that office could provide a remedy to the issues you raised.

“While you may have received apologies from some of my senior officials regarding some aspects of the handling, I recognise that more is needed. I offer my deepest and sincere apologies for the way the Review was handled and time it took to complete it.”

However, Mr Parkinson concludes his letter setting: “My view is that the Review was conducted independently by counsel and addressed your complaints about earlier decision making and the concerns about the 2003 report. Although I am sorry for the way the Review was handled, I stand by its independent legal findings and conclusions.

“Unfortunately, there is no further remedy to be offered in regard to the legal findings made in these Reviews and, regrettably, no prosecutions can be brought. I acknowledge how distressing this outcome continues to be, and I’m sure you will continue to fight for justice.”

Mr Parkinson also states that his department will no longer correspond with Mr Powell.

‘Failures’

Mr Powell told Nation.Cymru: “The response from the DPP closes Robbie’s case without remedy regarding the CPS’s failures between 1994-2000, notwithstanding that they resulted in the doctors evading prosecution at the time and also in 2003 when there was sufficient evidence to prosecute for forgery and perverting justice, and without remedy regarding the cover up of my serious complaints in 2003. You will note that the DPP only apologised for the unacceptable time that it took to conclude the Legal Review.

“I believe that I am justified in the conclusion that the gross failures of both Dyfed Powys Police and the CPS between 1994-2000 ensured that the GPs would evade criminal prosecutions irrespective of the available evidence.”

Mr Powell said he would continue to campaign for justice for his son.