Independent investigation: Lin & Megan Russell, Kent (1996)

In preparation for any inquiry of this nature, any candidate for appointment as a member of the Panel, or expert adviser should be asked whether he or she has had any previous professional or other connection with the patient, or any organisation or individual that may be the subject of the inquiry. If such a connection is disclosed, and it is decided nevertheless to appoint the individual concerned, the connection disclosed should be included in the Panel report and announced at the outset of the inquiry.

The extent and nature of the policy stage of this inquiry should be considered after publication of this report, in consultation with the commissioning agencies.

If it is practicable to do so, Mr Stone should be given an opportunity to consider this report on its completion. On conclusion of his appeal he should be given the opportunity to make representations to the Panel about any matter arising from the report. The Panel should then reconsider the report in the light of any comments made to them by Mr Stone and, if appropriate, make a further report to the commissioning agencies.

In any case where it appears that a patient known to statutory services may be the subject of a homicide investigation the management of the service responsible should immediately recall and secure all records. A photocopy of the records should be made before any originals are provided to the police.

When homicide inquiries are set up, the commissioning agencies should automatically consider the confidentiality of the information it is proposed to disclose, and seek the consent of the patient to disclosure of the relevant confidential information for the purposes of the inquiry. If such consent is not forthcoming, the commissioning agencies should consider whether it is in the public interest for such disclosure to be made in spite of the absence of consent. Any decision to disclose information without consent on public interest grounds should be communicated to the patient together with reasons for the decision. Wheresuchconsentisnotforthcoming,oritisanticipatedthatsignificant evidence can be obtained only by compulsion, commissioning agencies should invite the Secretary of State to consider constituting the inquiry under Section 84 of the National Health Service Act 1977.

Thecommissioningagenciesshouldpublishthisreportaftertheresolution of the criminal proceedings regardless of the result, subject to the recommendation below. In the event of Mr Stone’s appeal against conviction succeeding, in reaching ade cisionwhetherornottopublishthereport,thecommissioning agenciesshouldseekandhaveregardtoanyrepresentationsmadebyoron behalf of MrStone. If the commissioning agencies determine that the report should not be published, copies of the report should nonetheless be given to Mr Stone, anyperson criticised in it and theDepartment ofHealth.

Any published report should identify staff involved in Mr Stone’s supervision and care by name.