10.1 Civil negligence and public law
A care failure may be unlawful without being criminal, and may be maladministration without sounding in damages. Civil negligence generally requires a duty of care, breach, factual and legal causation, and actionable damage. Public authorities also operate within statutory schemes that affect whether a private-law duty arises. Public-law review often focuses instead on legality of assessment, reasons, relevant considerations, rationality, consultation, equality duties and human rights.
10.2 Gross negligence manslaughter
CPS, Gross Negligence Manslaughter — The prosecution must prove a duty of care, breach, a serious and obvious risk of death at the time of breach, causation of death, and negligence so truly exceptionally bad as to be criminal. Official source
This offence cannot presently be the correct label for a feared future outcome: manslaughter requires a death caused by the breach. Even after a death, poor care, a mistaken allocation or ordinary negligence would not suffice. The jury must find grossness of a criminal character. Where no death has occurred, urgent safeguarding, clinical escalation, complaints and public-law remedies are the relevant preventive routes.
10.3 Corporate manslaughter
The Corporate Manslaughter and Corporate Homicide Act 2007 concerns death caused by a gross breach of a relevant duty of care where the way an organisation’s activities were managed or organised by senior management was a substantial element. It is not a general offence of underfunding and does not replace proof of each statutory element.
CPS, Corporate Manslaughter — Official prosecution guidance distinguishes organisational liability from the personal gross-negligence liability of individuals. Official source
10.4 Why precise language protects the case
| Drafting discipline Use “creates a foreseeable risk,” “may breach statutory duty,” “requires urgent review,” or “may warrant investigation” where those are the propositions supported. Reserve “crime,” “slavery,” “rape,” and “gross negligence manslaughter” for advice or findings that apply the complete legal test to evidence. |
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