David Fuller morgue victims’ families launch legal action against government over abuse inquiry

Solicitors representing dozens of families whose loved ones were abused by David Fuller in hospital mortuaries in Kent are taking the government to court. 

Three law firms have jointly begun Judicial Review proceedings calling for a full judge-led inquiry, with sessions held in public and the power to call witnesses.

They say it’s the only way to see that justice is done and begin to restore public confidence in the health service after the double killer and morgue predator's crimes came to light. 

Judicial Review proceedings have been issued by Amanda Miah whose mother Sonia was abused by Fuller in Tunbridge Wells Hospital, representing dozens of families who have joined the proceedings.

Amanda was told by detectives they were able to identify her mother as one of Fuller’s victims through videos he kept of his crimes. 

In 2020, David Fuller was arrested for the murders of Wendy Knell and Caroline Pierce in 1987.

During the investigation, evidence was found of the former electrician abusing at least 102bodies in two hospital mortuaries, the oldest victim had reached 100 when she died.

On 8 November 2021, Health Secretary Sajid Javid announced that he would empanel an “independent inquiry” to investigate the wider circumstances of Fuller's offending.

Speaking in the House of Commons Mr Javid said: “Today I can announce that I am replacing the trust investigation with an independent inquiry.

“The inquiry will look into the circumstances surrounding the offences committed at the hospital, and their national implications.

“It will help us understand how these offences took place without detection in the trust, identify any areas where early action by this trust was necessary, and then consider wider national issues, including for the NHS.”

But the families of Fuller's victims say there has been a lack of communication since the independent inquiry was announced.

Ms Miah is representing dozens of families who say they are unhappy about the actions taken by the government and Inquiry to date.

The families are challenging the government’s decision to hold a non-statutory inquiry instead of a formal one.

They are concerned that a non-statutory inquiry lacks the powers to force disclosure of evidence, for instance from police or the Maidstone and Tunbridge Wells NHS Trust.

They say it also lacks powers to legally compel witness attendance.

Ben Davey of Dean Wilson Solicitors Gary Walker of Enable Law are representing 30 families between them.

Ben Davey said, "We are calling on the government to put in place a Judge-led statutory inquiry.

"This will mean that the inquiry will have the powers it needs to be able to fully examine how these crimes were able to be committed on NHS property.

"Unless there is a full and frank investigation as to how these crimes were allowed to be committed, it will not be possible to put in place sufficient reforms to ensure they do not happen again.

• Ben Davey, Solicitor representing families

He added, "The government has not responded to any of the concerns we have raised, and we now have no choice other than to issue these proceedings.

"We say to the government, this Judicial Review should not be required, there is still time for them to reconsider their position."

In a statement, an inquiry spokesperson said, "The Inquiry is determined to carry out its work thoroughly and comprehensively.

"As a non-statutory inquiry, we expect to be able to complete our work more quickly than a statutory inquiry.  This means we can make recommendations faster to ensure that lessons are learned, families receive the answers they need and deserve, and changes are made to prevent a recurrence of the atrocities committed by David Fuller.

"The Inquiry is independent of the NHS and of the government. 

"Sir Jonathan and his team are determined to be objective and thorough in their work.

"All the families who gave consent via Kent Police to be contacted by the Inquiry, or who approached the Inquiry directly to give their consent, have been contacted by the Inquiry and invited to share their views on its terms of reference."

A DHSC spokesperson said: “The friends and families of all the victims of David Fuller have our utmost sympathies.

“We are unable to comment on ongoing legal proceedings.“