Emily Moore: Tees, Esk and Wear Valleys Trust found not guilty of providing unsafe care to teen

Emily Moore's parents were told that no law had been broken by the health trust looking after her, as Katie Cole reports

The North East's biggest mental health trust has been cleared of failing to provide safe care and treatment to a teenager who died while in its care.

Emily Moore was a patient at Lanchester Road Hospital, near Durham, when she took her own life in February 2020.

The Tees, Esk and Wear Valleys NHS Foundation Trust was taken to court by the Care Quality Commission (CQC), which accused the trust of failings in the 18-year-old's care.

Following an emotionally charged hearing on Monday 11 March, Emily's father David Moore told ITV Tyne Tees the outcome was not what the family wanted - and "justice has not been served".

"I think it's what we expected, to be honest with you but it's not what we agree with," he said.

"There was a lot of, well, it was narrowed down to care plans but at the end of the day, to me, it felt like it was a plan and they'd taken away the word 'care' because certainly care wasn't there for Emily - right from day one."

He added that the last four years "had been hell" - with every minute of the day spent thinking about his daughter. The family continue their wait for an inquest to take place.

Emily had been under the care of community child and adolescent mental health services (CAMHS) since February 2017, until shortly before her death in February 2020.

She had been a patient at West Lane Hospital in Middlesbrough, which was shut down by the CQC in 2019. The trust had previously accepted there were failures in her care at the site.

In February 2020 Emily died following an incident, while she was a resident in the Tunstall Ward at Lanchester Road Hospital. It was her care at this hospital that has been the subject of this month's trial.

The CQC brought the prosecution as it believed the Tees, Esk and Wear Valleys NHS Foundation Trust had exposed Emily to a significant risk of avoidable harm at Lanchester Road Hospital.

However, following consideration of expert evidence during the trial, the judge was satisfied that this was not the case.

Ann Ford, the CQC’s director of operations in the north, said: “This is a tragic case, and my thoughts are with Emily’s family who are grieving for their loss.

“We are very disappointed with this outcome, however, I hope this prosecution reminds other health and social care organisations they must provide care and treatment in a safe way that meets people’s needs.

“If we find people are at risk of harm, we won’t hesitate to take action in line with our enforcement powers to keep people safe.”

Reacting to the verdict, Brent Kilmurray, chief executive at Tees, Esk and Wear Valleys NHS Foundation Trust, said: “It’s hard to imagine how difficult the past few days, weeks and indeed years must have been for Emily’s family and friends.

"I’d like to say again how deeply sorry we are for their loss. Sadly, nothing positive comes from this. 

“We have acknowledged and apologised for unacceptable failings in Emily’s care while she was at West Lane Hospital – that remains the case. Our position on that has not changed.  

“However, this charge related to Emily’s care record at a different hospital.

“During the trial, we heard from independent expert witnesses who said that her care was safe, appropriate and compassionate, and we don’t believe this warranted a prosecution by the CQC.

“That is why we had to defend this case.”   

The CQC is also prosecuting the trust over the deaths of two other people, while they were receiving care from Tees, Esk and Wear Valleys NHS Foundation Trust.

The trust has pleaded guilty to these two charges and a sentencing hearing is due to take place at Teesside Magistrates’ Court on Friday 19 April.

Are you or someone you know struggling with your mental health?

Find advice and support for children and young people here:

Where children can find mental health help in the North East and North Yorkshire

Find general advice and support for anyone struggling with their mental health here:

Mental health: Where to find help in the North East if you are struggling

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